Disabled people and their families. Legal and finance
PERSONAL INDEPENDENCE PAYMENT
WHAT IS A PIP?
What is a P.I.P.?
The Personal Independence Payment (PIP) is a benefit that helps you with the extra costs of having a disability or having a long-term health conditions. It is for people aged 16 to 64. The PIP is not a means tested benefit.
You'll find a great step-by-step guide to filling in the form on this page. Scroll down to the end of the page for lots more information about how to apply, how to appeal a decision and find lots of other organisations that can help you with your PIP application process.
CHILDREN UNDER 16
You can’t make a claim for PIP for children under 16. For existing DLA for child claims the DWP will contact you when your child is 15 years and 7 months old.
PIP ALLOWANCE
If you’re aged 16 to 64 you could get between £23.60 and £151.40 a week by claiming Personal Independence Payment (PIP). The amount you get depends on how your condition affects you, not the condition itself.
PERSONAL INDEPENDENCE PAYMENT PHONE NUMBER
Telephone: 0800 917 2222
Textphone: 0800 917 7777
Calling from abroad: +44 191 218 7766
Monday to Friday, 8am to 6pm
HOW IS IT SCORED?
How does the PIP get scored and how many points do you need?
PIP is made up of 2 parts, the daily living component and the mobility component. Each component can be paid at one of 2 rates, either the standard rate or the enhanced rate. You need at least 8 points to get the standard rate or 12 points to get the enhanced rate of PIP. You will qualify for one of these if you need is great enough. The 'points' in each section range from 0-12 depending on the severity of need.
ComponentWeekly rateDaily living - standard rate£59.70Daily living - enhanced rate£89.15Mobility - standard rate£23.60Mobility - enhanced rate£62.25
In our step-by step guide below, you'll find charts explaining how the points are awarded.
HOW TO CLAIM PIP
You can make a new Personal Independence Payment (PIP) claim by calling the Department for Work and Pensions (DWP). Someone else can call on your behalf, but you’ll need to be with them when they call. There are also other ways to claim if you find it difficult to use a telephone. The process is different in Northern Ireland.
Appointees
If a person can’t do things like tell the DWP if their condition gets better or worse, or about changes in address or bank details and so on, another person may need to act on their behalf, as their ‘Appointee’. This must be because of their illness or disability and not just because they are still a young person. Chat to the DWP on the number below to set someone else up as an appointee.
Claim by calling:
Telephone: 0345 850 3322
Textphone: 0345 601 6677
Before you call, you’ll need:
your contact details, for example telephone number
your date of birth
your National Insurance number - this is on letters about tax, pensions and benefits
your bank or building society account number and sort code
your doctor or health worker’s name, address and telephone number
dates and addresses for any time you’ve spent abroad, in a care home or hospital
CARERS ARE CURRENTLY PROVIDING CARE WORTH £132 BILLION...WHICH IS THE SAME AS THE ENTIRE NHS BUDGET!
HOW DO I FILL IN THE FORM?
A Step-by-Step Guide to Filling in your Personal Independence Payment (PIP) Form
As soon as your form arrives, put on the kettle and work through our guide. It does take ages but we'll do our best to help you one question at a time.
PIP Q.1 - List all the professionals that you see because of your conditions.
These can include your GP, hospital doctor, specialists nurse, community psychiatric nurse, occupational therapist, teachers, SENco, educational psychologist, physiotherapist, social worker, counsellor, or support worker. Say when you last saw them and include their contact details.
PIP Q2. Conditions & Medications
PIP Q2a - List all of your physical and mental health conditions and disabilities and say when they were diagnosis. If you’re not sure, just put down the year.
PIP Q2b - List all of the medications you’re taking and at what dose. Include any treatments you’re having or will be having and any side effects they have on you.
...and while you're working hard on your PIP application, we wondered if there is anything else we can tell you about?
GRANTS FOR HOLIDAYS & MUCH MORE!
PARENT AND CARER FUNDING
EHCP - GETTING HELP AT SCHOOL
PIP Q3 - Preparing Food
This question is about if you can prepare a meal for yourself. Can you do things like peeling, chopping or opening packaging? Can you use a hob, oven or microwave oven safely?
PIP Q3a – What other help from an aid or appliance do you need to prepare and cook a simple meal for yourself? Do you need things like perching stools, lightweight pots and pans, easy grip handles on utensils, single lever arm taps and liquid level indicators?
PIP Q3b - Do you need help from another person to prepare or cook a simple meal?Do they remind you or motivate you to cook? Do they plan the task for you? Do they supervise you, help you physically or do they prepare all your food for you?
PIP Q3c - Extra information - Preparing Food
Write down anything else about how you find preparing food tricky because of your condition. How are you managing now? How long does preparing a meal take? What help do you need? Is it safe for you to cook? Are you in pain or do you get tired?
Preparing FoodPointsCan prepare and cook a simple meal unaided.0Needs to use an aid or appliance to be able to either prepare or cook a simple meal.2Cannot cook a simple meal using a conventional cooker but is able to do so using a microwave.2Needs prompting to be able to either prepare or cook a simple meal. ‘Prompting’ means reminding, encouraging or explaining by another person. For example: you lack motivation to prepare and cook a simple meal on the majority of days due to a mental health condition, or need to be reminded how to prepare and cook food on the majority of days.2Needs supervision or assistance to either prepare or cook a simple meal. You may need supervision to safely heat or cook food using a microwave oven; or to claimants who cannot safely prepare vegetables, even with an aid or appliance. In cases of a risk of self-harm, there should be good evidence of the risk.4Cannot prepare and cook food.8
PIP Q4 - Eating and drinking
This question is about how you eat and drink because of you condition(s).
Do you remember to Eat? Do you need help cutting up your food? Can you put food and drink into your own mouth and can you chew and swallow?
PIP Q4a – Do you need to use an aid or appliance to eat and drink - like weighted cups or adapted cutlery?
PIP Q4b – Do you use a feeding tube or similar device to eat or drink - like a feeding tube with a rate limiting device as a delivery system or feed pump?
PIP Q4c – Do you need help from another person to eat and drink? Does someone have to remind or encourage you to eat? Do they supervise you? Do they physically help you to eat and drink or do they manage your feeding tube?
PIP Q4d - Extra information - Eating and drinking
Eating and drinkingPointsCan take nutrition unaided.0Needs to use an aid or appliance to be able to take nutrition; or ii. supervision to be able to take nutrition; or assistance to be able to cut up food.2Needs a therapeutic source to be able to take nutrition. You may require enteral or parenteral feeding but can carry it out unaided.2Needs prompting to be able to take nutrition. ‘Prompting’ means reminding, encouraging or explaining by another person.4Needs assistance to be able to manage a therapeutic source to take nutrition.6Cannot convey food and drink to their mouth and needs another person to do so.10
PIP Q5 – Managing treatments
This section is about how tricky you find it to manage your treatments, monitor your condition and stop yourself getting worse. That might include monitoring your blood sugar level or noticing changes in mental state and pain levels.
Q5a – Do you need to use an aid or appliance to monitor your health conditions or take medication or manage home treatments? E.g. Do you use a Dosette Box for tablets.
Q5b – Do you need help from another person to remind you to take medications and treatment? Does someone supervise you while you take your medication? Do they physically help you take medication or manage treatments?
Q5c – Extra information - Managing treatments. Chat about the good days and the bad ones. Do you have any side effects that make managing your medication tricky?
Managing treatmentsPointsDoes not receive medication or therapy or need to monitor a health condition; or can manage medication or therapy or monitor a health condition unaided.0Needs either to use an aid or appliance to be able to manage medication; or supervision, prompting or assistance to be able to manage medication or monitor a health condition. Eg. You might need help opening bottles or taking pills out of blister packs; help interpreting or reading blood sugar for the correct dose of medication; supervision to ensure the medication is taken properly; prompting to remind the claimant to take medication at the appropriate time(s).1Needs supervision, prompting or assistance to be able to manage therapy that takes no more than 3.5 hours a week.2Needs supervision, prompting or assistance to be able to manage therapy that takes more than 3.5 but no more than 7 hours a week.4Needs supervision, prompting or assistance to be able to manage therapy that takes more than 7 but no more than 14 hours a week.6Needs supervision, prompting or assistance to be able to manage therapy that takes more than 14 hours a week. ‘Prompting’ means reminding, encouraging or explaining by another person. For example, a claimant needs 15 minutes of assistance with therapy each day Monday to Friday, or reminding to manage8
PIP Q6 – Washing and bathing
How does you condition affect you taking a bath or showering? Can you wash your body, limbs, face, underarms and hair and can you use a standard bath or shower?
Q6a – Do you need to use an aid or appliance to wash and bathe yourself, including using a bath or shower? Aids and appliances include things like a bath / shower seat or grab rails.
Q6b – Do you need help from another person to wash and bathe? Do they physically help you? Do they remind you when to wash and bathe and do they watch over you to make sure you are safe?
Q6c – Extra information - Washing and bathing
Tell us more about any difficulties you have when washing and bathing like risks including accidents a safety, the time it takes and if you have pain, breathlessness or get really tired.
Washing and bathingPointsCan wash and bathe unaided. You can wash and bath unaided, including getting in to and out of both an unadapted bath and unadapted shower.0Needs to use an aid or appliance to be able to wash or bathe. E.g. a long-handled sponge, shower seat or bath rail.2Needs supervision or prompting to be able to wash or bathe. ‘Prompting’ means reminding, encouraging or explaining by another person.2Needs assistance to be able to wash either their hair, or body below the waist.2Needs assistance to be able to get in or out of a bath or shower.3Needs assistance to be able to wash their body between the shoulders and waist.4Cannot wash and bathe at all and needs another person to wash their entire body.8
PIP Q7 – Managing toilet needs
Talk about if you can get on or off a standard toilet, and clean yourself after using the toilet. Can you manage emptying your bowel and bladder? Do you need a collecting device such as a bottle, bucket or catheter?
PIP Q7a – Do you need to use an aid or appliance to use the toilet or manage incontinence like commodes, raised toilet seats, bottom wipers, bidets, incontinence pads or a stoma bag?
PIP Q7b – Do you need help from another person to use the toilet or manage incontinence? Do they physically help you? Do they remind you when to use the toilet or do they watch over you to make sure you are safe?
PIP Q7c – Extra information - Managing toilet needs
Say how long it takes you to complete this activity. Is it different day to day? Tell them about good and bad days. Are you incontinent? How you manage it?
Managing toilet needsPointsCan manage toilet needs or incontinence unaided.0Needs to use an aid or appliance to be able to manage toilet needs or incontinence.2Needs supervision or prompting to be able to manage toilet needs. ‘Prompting’ means reminding, encouraging or explaining by another person.2Needs assistance to be able to manage toilet needs. E.g. If you require assistance to get on and off the toilet and/or to clean themselves afterwards, but4Needs assistance to be able to manage incontinence of either bladder or bowel.6Needs assistance to be able to manage incontinence of both bladder and bowel.8
PIP Q8 – Dressing and undressing
In this section, you can talk about how your condition affects you putting on and taking off clothes, including shoes and socks. Do you know when to put on or take off clothes, and can you choose clothes that are appropriate?
PIP Q8a – Do you use an aid or appliance to dress or undress like modified buttons, front fastening bras, velcro fastening, shoe aids or an audio colour detector?
PIP Q8b – Do you need help from another person to dress or undress? Do they physically help you? Do they select your clothes for the weather, the occasion or the time of day? Do they tell you when to dress and undress or do they remind you when to change your clothes?
PIP Q8c – Extra Information - Dressing and undressing
Add anything here that helps explain how else your condition affects you doing this activity like how long it takes you to dress and undress or if only have difficulty dressing certain parts of your body?
Dressing and undressingPointsCan dress and undress unaided.0Needs to use an aid or appliance to be able to dress or undress. E.g. modified buttons and shoe aids.2Needs either prompting to be able to dress, undress or determine appropriate circumstances for remaining clothed; or prompting or assistance to be able to select appropriate clothing.2Needs assistance to be able to dress or undress their lower body.2Needs assistance to be able to dress or undress their upper body.4Cannot dress or undress at all.8
PIP Q9 – Communicating
How does your condition affect you communicating? That includes your speech, hearing or how you understand what is being said to you. (In your native language).
PIP Q9a – Do you need to use an aid or appliance to communicate with others like a hearing and voice aids, picture symbols or other assistive computer technology?
PIP Q9b – Do you need help from another person to communicate with others?Do they help you understand what people are saying? Do you have someone who helps you by interpreting speech into sign language or do they help you by speaking on your behalf?
PIP Q9c – Extra information - Communicating
Mention it here if you have Tourette’s syndrome, Asperger’s or autism and find it difficult to communicate or if your medication has side effects that make it difficult to communicate. Does communicating cause anxiety and distress?
CommunicatingPointsCan express and understand verbal information unaided.0Needs to use an aid or appliance to be able to speak or hear. E.g. You might require a hearing aid or an electro larynx.2Needs communication support to be able to express or understand complex verbal information. E.g. You may require a sign language interpreter.4Needs communication support to be able to express or understand basic verbal information. E.g. You may require a sign language interpreter.8Cannot express or understand verbal information at all even with communication support.12
PIP Q10 – Reading
This section is about how you read normal sized text and understand signs, symbols and words (in your native language). You should also talk about if you have problems concentrating when you read. Talk about how you read and understand signs, symbols and words written or printed in your native language, not braille. How you understanding numbers, including dates and other day to day reading like timetables.
PIP Q10a – Do you need to use an aid or appliance other than spectacles or contact lenses to read signs, symbols and words like magnifiers or need to take breaks?
PIP Q10b – Do you need help from another person to read or understand signs, symbols and words? Does somebody else need to read or explain signs and symbols to you because you have a learning disability or a mental health problem?
PIP Q10c – Extra information - Reading
Write about how how your condition affects your writing. How long does it take you to write a letter?
ReadingPointsCan read and understand basic and complex written information either unaided or using spectacles or contact lenses.0Needs to use an aid or appliance, other than spectacles or contact lenses, to be able to read or understand either basic or complex written information. E.g. You may require vision aids.2Needs prompting to be able to read or understand complex written information.2Needs prompting to be able to read or understand basic written information.4Cannot read or understand signs, symbols or words at all. E.g. You may require another person to read everything for them due to a learning disability or severe visual impairment.8
PIP Q11 – Mixing with other people
This question is about how you get on with other people face-to-face, either individually or as part of a group. Do you understand how they're behaving towards you, and can you behave appropriately towards them?
PIP Q11a – Do you need another person to help you to mix with other people? Does someone else need to encourage you to mix with other people? Does someone help you understand how people are behaving and how to behave yourself because you have a learning disability or mental heath problem?
PIP Q11b – Do you find it difficult or stressful to meet other people?
PIP Q11c – Extra information - Mixing with other people
Explain any stress, anxiety or confusion you feel around meeting people. Do you need help to stay safe? Do you have good days and bad ones? How do they differ?
Mixing with other peoplePointsCan engage with other people unaided.0Needs prompting to be able to engage with other people. ‘Prompting’ means reminding, encouraging or explaining by another person. For example: may apply to people who need encouragement to engage with others in the presence of a third party.2Needs social support to be able to engage with other people.4Cannot engage with other people due to such engagement causing either –
i. overwhelming psychological distress to the claimant; or ii. the claimant to exhibit behaviour which would result in a substantial risk of harm to the claimant or another person. ‘Overwhelming psychological distress’ means distress related to an enduring mental health condition or intellectual or cognitive impairment which results in a severe anxiety state in which the symptoms are so severe that the person is unable to function. This may occur in conditions such as generalised anxiety disorder, panic disorder, dementia or agoraphobia.
8
PIP Q12 – Making decisions about money
This section is about how you manage money. Do you understand how much things costs? How much change you should get and how to manage budgets? Can you understand how to pay bills and plan?
PIP Q12a – Do you need someone else to help you to understand how much things cost when you buy them or how much change you'll receive? Do you need someone to do it for you or do they need to remind you to do it or how to do it? Do you need someone to help you understand?
PIP Q12b – Do you need someone else to help you manage your household budgets, pay bills or plan future purchases? Do you need someone to do it for you or do they have to help you manage your bills? Do you need encouragement and help to do it?
PIP Q12c – Extra information - Making decisions about money
How your condition affects you understanding money? Do you have a learning disability that makes understanding money difficult?
Making decisions about moneyPointsCan manage complex budgeting decisions unaided.0Needs prompting or assistance to be able to make complex budgeting decisions.2Needs prompting or assistance to be able to make simple budgeting decisions.4Cannot make any budgeting decisions at all.6
PIP Q13 – Going out
This section is about how your condition makes it tricky to go out. That includes how to plan and follow a route, follow a train and bus timetable or if you have severe anxiety or stress prevents you from going out.
PIP Q13a – Do you need help from another person to plan a route to somewhere you know well? Do you need someone to help you plan a route, or plan it for you? Do you have an assistance dog or specialist aid, such as a white stick? Do you find it difficult or stressful to handle change? Do you have a mental condition that makes travelling difficult? Do you need somebody with you to stay safe?
PIP Q13b – Do you need help getting to somewhere you don't know well?
Just like in the previous question about travelling to a familiar place this question asks about the same challenges but for an unfamiliar place. Is an unfamiliar journey different in terms of the challenges it presents to you?
PIP Q13c – Are you unable to go out because of severe anxiety or distress?
PIP Q13d – Extra information - Going out
Talk about tell us how your condition affects you going out if you. Talk about any orientation aids you use. Do you have good days and bad days? Do you feel anxious, fearful or nervous? Are you at risk of accidents, injury or do you get lost?
Going outPointsCan plan and follow the route of a journey unaided.0Needs prompting to be able to undertake any journey to avoid overwhelming psychological distress to the claimant. ‘Overwhelming psychological distress’ means distress related to an enduring mental health condition or intellectual or cognitive impairment which results in a severe anxiety state in which the symptoms are so severe that the person is4For reasons other than psychological distress, cannot plan the route of a journey.8For reasons other than psychological distress, cannot follow the route of an unfamiliar journey without another person, assistance dog or orientation aid. 10 points.10Cannot undertake any journey because it would cause overwhelming psychological distress to the claimant.10For reasons other than psychological distress, cannot follow the route of a familiar journey without another person, an assistance dog or an orientation aid.12
PIP Q14 – Moving around
This question is about you standing safely without help and if you can walk safely
PIP Q14a – How far can you walk taking into account any aids you use? To give you an idea of distance, 50 metres is approximately 5 buses parked end to end.
PIP Q14b – Do you use an aid or appliance to walk? Walking aids include walking sticks, walking frames, crutches, and prostheses.
PIP Q14c – Do you use a wheelchair or similar device to move around safely, reliably and repeatedly and in a reasonable time period?
PIP Q14d – Extra information - Moving Around
Talk about any aids you use, rest breaks you need, pain, the time it takes to move around, accidents and other risks. Do you need someone to help you? Do you regularly fall? Do you find it difficult to move around on certain ground surfaces? Do you use a wheelchair? Is it motorised or manual? Do you experience any other difficulties, either during or after the activity, like pain, breathlessness, tiredness, dizziness or anxiety?
Moving aroundPointsCan stand and then move more than 200 metres, either aided or unaided.0Can stand and then move more than 50 metres but no more than 200 metres, either aided or unaided. For example, this would include people who can stand and move more than 50 metres but no further than 200 metres either by themselves, or using an aid or appliance such as a stick or crutch, or with support from another person.4Can stand and then move unaided more than 20 metres but no more than 50 metres. For example, this would include people who can stand and move more than 20 metres but no further than 50 metres, without needing to rely on an aid or appliance such as a walking stick, or help from another person.8Can stand and then move using an aid or appliance more than 20 metres but no more than 50 metres. For example, this would include people who can stand and move more than 20 metres but no further than 50 metres, but need to use an aid or appliance, such as a stick or crutch to do so.10Can stand and then move more than 1 metre but no more than 20 metres, either aided or unaided. For example, a person who can stand and move more than 1 metre, but no further than 20 metres, either unaided or with the use of an aid or appliance such as a stick or crutch, or support from another person.12Cannot, either aided or unaided – i. stand; or ii. move more than 1 metre.12
PIP Q15 – Additional information
This page is blank. Add any more information in here or on a separate page with your name and national insurance number at the top.
Add any reports from you family or carers here too....and that's just about it! You've definitely learnt another cup of tea.
Top Tips...
Get all of your professional reports as early as possible.
If you use information in the reports to give evidence of need in your form, then reference it and highlight relevant sections in the reports when you attache them.
If you're not confident hand writing your form, don't worry. You can answer pretty much everything by using separate pieces of paper that you attach to the form. Remember you MUST put the claimant's name and national insurance number at the top of each page.
Photocopy everything! You don't want to have to do the whole thing again.
When you've finished your form, post it off in the envelope provided.
You’ll then probably have to have an assessment to complete your Personal Independence Payment (PIP) application. This will be a meeting with a health professional who will write a report and send it to the DWP. You need to prepare for the meeting in advance. Happily, there's a fabulous guide from Citizens Advice HERE that will help you prepare.
Legal Advice, Help & Support for Special Educational Needs & Disabilities
When your child’s rights, medical treatment or education are not being supported as they need to be, it can be a big help to get legal counsel. As budgets tighten nationwide for SEN support, fighting for your child is becoming harder, and getting to know the system is a massive advantage.
WHY WOULD I NEED LEGAL HELP?
A legal adviser can be a great ally and help you get the best for your child. When it comes to dealing with your child’s medical care and education, they can be essential, especially if you want to appeal a decision by your Primary Care Trust (PCT), or if your local authority refuses an EHCP request by your child’s school.
There are many places you can go for legal help, from free legal services to advocates and legal firms nationwide. Their advice can help you avoid making mistakes that cost you time, money and most importantly your sanity.
TOP TIPS...
Get everything emailed, acknowledged, time stamped and sent to your home address in hard copy.
Make copies of all filed documentation about your child.
Use a red pen and mark up on your calendar each statutory application deadline – it’s absolutely vital that you meet these deadlines. Missing them can work really against your child’s case.
DISABILITY RIGHTS FOR YOU AND YOUR CHILD
Your child’s rights are protected under an enormous array of United Nations rulings, conventions and Central Government acts.
These are lengthy and complicated, but don't panic because we've attached links to everything you need to know below. It's a jolly good idea to know where you stand because your child life could be a lot brighter when you know what their rights are.
Click on 'Check Me Out' to find out about disability rights and disability laws supporting disabled and SEN children and their families in the UK.
Your child should...
Be included in your local community and to do the kinds of things that non-disabled children do.
They should be able to take part in leisure activities and to express themselves in cultural/artistic ways.
They should be able to live with their parents, unless this is not in their best interests.
Have their views taken into account.
ADVOCACY
WHAT IS ADVOCACY?
Do you need help to be involved in decisions about your care needs? Or are you a carer of a young person who is about to start using adult services? Finding out about Advocacy is really important so that you or the young person you care for can be heard, understand your choices and make your own decisions.
DUTY TO PROVIDE ADVOCACY SUPPORT
WHAT CAN AN ADVOCATE DO?
Advocacy, Requesting Support in relation to the Care Act
Changes brought in by the Care Act mean that any decisions made by a local authority about your care will consider your well-being and what is important to you so that you can stay healthy and remain as independent as possible. To do this, it is important for you to be fully involved in decisions about your care and support needs.
An advocate can support you to…
Understand the assessment process
Understand your choices and make your own decisions
Tell others what you want and about your views and feelings
Help you to challenge a decision if you are not happy with it and
Make sure that you get the support you are entitled to.
WHO NEEDS ADVOCACY?
You might be able to access advocacy if you are…
An adult who needs care and support
A carer of an adult
A carer of a young person who is about to start using adult services
A young person who is about to start using adult services.
And you find it very hard to…
Understand what is happening and the choices that you have
Decide what care and support you need
Tell people what you want
You do not have any friends or family available (or who feel able) to support you
Some people who lack capacity to make decisions in relation to their care or residence may already have an advocate appointed for them under the Mental Capacity Act 2005. If they do, it might be possible for the same advocate to be their Care Act advocate too.
DUTY TO PROVIDE ADVOCACY SUPPORT
Local authorities will be under a duty to provide an independent advocate where an adult may have “substantial difficulty” in doing one of the following…
Understanding relevant information
Retaining that information
Using or weighing up that information
Communicating their views, wishes or feelings.
And there is no appropriate person (such as a family member) who can support them.
When should an advocate be appointed?
The local authority will have to consider whether somebody has substantial difficulty in understanding matters and whether an advocate is therefore required in a number of scenarios including…
Carrying out needs assessments
Carrying out carer’s assessments
Preparing care and support plans for adults
Preparing support plans for carers
Revising care and support plans/support plans
Carrying out child’s needs assessment
Carrying out child’s carer’s assessment; and
Carrying out young carer’s assessments.
WHAT HAPPENS NEXT?
If a decision is made by a local authority about your care that you are not happy with, your advocate may be able to help. Your advocate can help you write a report about the things you don’t like to ask for the decision to be changed.
The local authority is under a duty to consider any written report from an advocate and respond in writing. It must also consider the advocate’s views when making decisions in relation to the individual in question.
An advocate may also be under a duty to bring legal proceedings on behalf of an individual that they represent, if disputes cannot be resolved with the local authority.
FIND LOADS MORE LEGAL SUPPORT, ADVOCATES & LAWYERS HERE...
Use our directory to find lots of charities and firms that can give you legal advice.
LASTING POWER OF ATTORNEY
Powers of Attorney, Court of Protection & Deputyship
If you’re worried about losing the ability to manage your financial affairs finances or who will make decisions about your health or welfare either now or in later life, you may want to consider making a Lasting Power of Attorney (known as an ‘LPA’)
Irwin Mitchell have very kindly helped Sky Badger put these legal guides together. You can find them as well as lots of other organisations and charities specialising in legal advice at the bottom of this page.
WHAT DOES ‘MENTAL CAPACITY’ MEAN?
WHAT HAPPENS IF I DON’T HAVE AN LPA?
Keys facts about Lasting Powers of Attorney (LPA)
An LPA appoints an Attorney(s) to make decisions on your behalf.
It records your wishes and what powers your Attorney(s) should be granted
If you lack the required capacity to sign an LPA then an application can be made on your behalf to the Court of Protection for them to appoint a ‘Deputy’ in respect of your ‘Property and Affairs’ and/or ‘Health and Welfare’.
TYPES OF LPA
There are two types of Lasting Powers of Attorney (LPA) …
An LPA is a legal document that is prepared by or on behalf of someone who may need assistance in managing their financial affairs or relation to decisions about their health and welfare. People are free to sign either document or can choose to sign both.
A ‘Health and Welfare’ LPA
A ‘Health and Welfare’ LPA allows you to choose one or more people to be your Attorney(s)make decisions about you personally. It can include decisions about your day to day life including care and support – subject to any restrictions or guidance you want to include. It can also enable you to give your Attorney(s) the ability to give or refuse consent to life sustaining treatment.
PLEASE NOTE - this LPA can only be used when you are unable to make the specific decision in question. You cannot delegate your responsibility to decide on matters about you personally if you are able to do so for yourself.
‘Property and Financial Affairs’ LPA
A ‘Property and Financial Affairs’ LPA enables you to choose one or more people to be your Attorney(s) and make property and financial decisions on your behalf subject to any conditions or guidance that you want to include.
PLEASE NOTE - you can use this LPA whether or not you still have capacity to decide the decision in question yourself.
Both types of LPA require registration at the Office of the Public Guardian before they can be used and should be registered immediately upon completion.
When do I need to have one done?
Anyone over the age of 18 is able to sign an LPA provided that they have the mental capacity to do so. Often an LPA is signed where someone is beginning to lack mental capacity so as to ensure they have chosen who they trust to make decisions on their behalf.
For example, a person could have the mental capacity to make simple decisions (e.g. what to have for lunch today) but not more complex decisions (e.g. where to live or whether to have medical treatment). It also means that someone whose condition changes over time might have the mental capacity to make a decision one day but not the next.
WHAT DOES ‘MENTAL CAPACITY’ MEAN?
Parents tell us they are concerned about their children who lack the mental capacity to make certain decisions and worry about what will happen when they become young adults. The MCA is the law which applies to decision making for people aged 16 and over who do not have the mental capacity to make decisions for themselves.
The Mental Capacity Act (2005) (MCA) says that decisions made about someone who lacks capacity must be made in their ‘best interests’. The views of the person’s friends and family must be taken into account when deciding what is in the person’s best interests.
Things like these should be considered…
The person’s past and present wishes and feelings (including any written statement they made when they had capacity)
The beliefs and values they would be likely to have if they had capacity
Things they would consider if they were able to do so
The views of others, including, if appropriate, anyone caring for the person or interested in their welfare and any Attorney or Deputy appointed by the Court of Protection
Enduring Power of Attorney
Whilst it is no longer possible to make an Enduring Power of Attorney ‘EPA’ any document signed before the beginning of October 2007 remains valid. PLEASE NOTE – an EPA relates to financial matters only and confers no legal powers whatsoever to a(n) Attorney(s) in relation to decisions about ‘Health and Welfare’.
An EPA does not need to be registered with the Office of the Public Guardian ‘OPG’ before it can be used. An EPA can be used by an Attorney(s) without needing to register it provided that you have the mental capacity to manage your financial affairs for yourself. An Attorney must register the EPA with the OPG when they know or believe that you may have lost the mental capacity to manage your financial affairs for yourself.
WHAT HAPPENS IF I DON’T HAVE AN LPA?
Without an LPA, your family may find it difficult to manage both your financial affairs as well as take decisions about you personally as they will not have the legal authority to do so and may not know your wishes. They may need to apply to the Court of Protection for an Order to be appointed as your ‘Deputy’ for ‘Property and Affairs’ and/or ‘Health and Welfare’. It can be costly and time-consuming to do this.
Putting both a ‘Property and Financial Affairs’ and ‘Health and Welfare’ LPA in place offers security for you and your loved ones and lets you decide what should happen if old age, illness or injury leave you unable to deal with your own affairs.
HOW DO I GET AN LPA?
You can put an LPA in place yourself or you can visit a solicitor who can discuss your individual circumstances and concerns that you may have guide and advise you about your options. They will be able to complete all of the paperwork and register the documents with the Office of the Public Guardian. A solicitor will be able to review your situation more broadly and challenge and advise you on other issues that you may not have considered as well as looking at the ‘what if’ scenarios about how your family may act.
Sadly if you no longer have the mental capacity to understand what an LPA is and the powers that they confer upon your Attorney(s) it will not be possible to sign an LPA. In that situation an application for ‘Deputyship’ will need to be made to the Court of Protection. A solicitor will be able to advise you and your family about your options and prepare the application(s) for you.
HOW MUCH WILL IT COST?
There's a compulsory cost of £82 to register each LPA with the Office of the Public Guardian in England ‘OPG’. If you decide to use a solicitor, you'll also have to pay legal fees to your solicitor who will be able to advise you before you decide. It may be possible to apply for the OPG registration fee to be waved. You will need to complete form and demonstrate that you are within their eligibility criteria e.g. your income is below £12,000 per year.
Anything else I should know about LPAs?
An LPA can appear to be a straight forward document but please be advised that without specialist advice from a solicitor there is a risk that it could be invalid or difficult for your Attorney(s) to operate if does not function as you intended.
Where there are any questions concern mental capacity, an LPA should only be signed once a suitably qualified medical practitioner has done an assessment of capacity and confirmed in writing that you have the required capacity to sign the document.
PLEASE NOTE – ordinarily this would be a specialist medical practitioner rather than a GP.
PUBLIC LAW & COMMUNITY CARE, INCLUDING JUDICIAL REVIEW
LAST UPDATED: 6TH NOVEMBER 2018
If you are a carer, or care for someone, then this is for you. When you depend on accessing community care and services on a daily basis and you lose it, things can go badly wrong. You can be left at risk, vulnerable and alone and often unaware of your rights. Find out here what you can do, how to get help and about Judicial Reviews.
Irwin Mitchell have very kindly helped Sky Badger put these legal guides together. You can find them as well as lots of other organisations and charities specialising in legal advice at the bottom of this page.
WHAT’S GONE WRONG?
Public bodies such as Local Authorities and health organisations make important decisions about the lives of vulnerable people and their access to services. Sometimes these decisions are unlawful and may need to be challenged. Sometimes the bodies delay making a decision or do not reply at all and this may also need to be challenged.
THIS MIGHT INCLUDE SOME OF THE FOLLOWING THINGS…
• Failure to carry out a community care assessment
• Failure to provide a suitable level of care following an assessment
• Withdrawal or reduction of a previous level of care
• Closure of care facilities such as day centres, respite centres, care homes or transport services
• Rights to welfare services, such as help with personal care
• Services to enable people to remain in their own homes
• Access to aids and adaptations in the home
• Direct payments and personal budgets
• Support for people on discharge from hospital, or to help safe discharge take place
• Incontinence services
• Wheelchair services
• Support to help people to access the community
• Challenges to closure of care homes and hospitals
This can also include Disputes between local authorities and NHS agencies about funding for care, including NHS continuing care.
WHAT DO I DO NEXT?
If you find yourself in this unfortunate situation, you can seek assistance or advice about steps you can take to challenge the decision. You can seek advice as a disabled person, a carer or a family member of a disabled child or adult. How to challenge the decision will depend on the type of decision made and the type of public body that has made the decision – so it is important to get good quality advice. You may need to make a formal complaint, start an appeal process, or start a Judicial review claim.
WHAT IS A JUDICIAL REVIEW?
Judicial review is the legal process used to hold public bodies to account and to challenge unlawful decisions. There are very strict time limits for bringing a challenge so it is important to seek advice as soon as possible if you think that an unlawful decision has been made.
A claim should be issued in court promptly and within 3 months of the decision, and before that your solicitor would write to the decision maker to set out details of the claim and wait for a response. So, you may need to get advice and legal representation fast.
This is a complicated process that solicitors can support you with in bringing cases on behalf of vulnerable disabled people to enforce their legal rights. You usually find that most cases can be resolved before going to court once other options and routes are explored. Judicial review should only be used as a last option.
Legal Aid may be available for advice and assistance.
A GUIDE TO THE CARE ACT 2014
LAST UPDATED: 6TH FEBRUARY 2019
What happens when my disabled child becomes an adult? The Care Act 2014 offers carers more rights & protection both for themselves and for the disabled adult they care for... including parent carers! Find out how the Care Act can help you and your family here.
Irwin Mitchell have very kindly helped Sky Badger put these legal guides together. You can find them as well as lots of other organisations and charities specialising in legal advice at the bottom of this page.
TRANSITIONS & PREPARING FOR ADULTHOOD
HOW CAN THE CARE ACT HELP ME?
Disabled adults and their carers may be able to access these services and support including…
Care assessments and care plans
Respite provision
Day centre provision
Activities in the community
Support by professional carers
Personal budgets and direct payments
Local offer
Carer’s rights (see links below for more details)
Transition provisions for teenagers in the run up to turning 18
DUTIES UPON LOCAL SERVICES
According to the Care Act, there is no fixed timescale for the assessment process, but the local authority should complete it within an appropriate and reasonable timescale. What is “appropriate and reasonable” will depend on the circumstances, such as the urgency of the need for support. In certain circumstances local authorities should consider providing interim services prior to completion of assessment.
Care assessment should include a ‘plan of action’ – make sure that there is a lawful care plan which shows what services are going to be provided, who is going to provide them, and when.
Local authority and health care bodies/other agencies (such as housing) must work together.
Local authorities must also provide information and advice to people about accessing support services, even where those needs are not going to be directly met by the local authority.
PROMOTING WELLBEING
The general duty of a Local authority is to promote the individual’s ‘wellbeing’; this means that when making any decisions under the Care Act the local authority should bear in mind;-
Physical and mental health & emotional well-being
Protection from abuse & neglect
Control by the individual over day-to-day life (including over care and support, or support, provided to the individual and the way in which it is provided);
Participation in work, education, training or recreation
Social & economic well-being
Domestic, family, and personal relationships;
Suitability of living accommodation; and
The individual’s contribution to society.
Personal dignity (including treatment of the individual with respect)
THE ASSESSMENT PROCESS
Eligible needs, criteria to be assessed
You can request an assessment by telephone or in person, but it is always best to do it in writing so that you have a copy. This is the first step! It is important to work closely with the social worker, and give them as much information and other assessments/medical evidence as possible so that they can properly assess your son or daughter.
The second step is to determine what the disabled adult and carer’s needs are. This is done via the needs assessment process. One all needs have been identified, the social worker will then identify which of the needs are “eligible” needs and must be met by the local authority.
Under section 13 of the Care Act, local authorities will need to apply the eligibility criteria that are set out in the Regulations as a ”minimum”. The local authority only has a duty to meet needs that are “eligible” needs according to this national eligibility criteria.
The criteria apply across the country nationally, and so there should no longer be a postcode lottery when accessing care support.
A “needs assessment” will be carried out in a case where it appears a person “may have needs for care and support”. Where a carer may have needs for support, a carer’s assessment should also be carried out by the local authority. These assessments should be person-centred, meaning that the focus will be on what the individual wants to achieve. The assessments must consider the impact of the disabled person’s needs upon other family members – this is called the “whole family” approach. The assessments will be carried out by a social worker using an assessment tool that identifies your care needs as well as the whole family dynamics.
If the individual lacks capacity to make decisions about their care, or will have substantial difficulty in understanding the process, then the local authority must provide them with an independent advocate that can support them in the assessment process. That is, unless there is an appropriate person (like a family member) who can support them.
WHAT DOES A GOOD ASSESSMENT PLAN LOOK LIKE?
There is no mandatory template for a care assessment that all Local Authorities will follow but Assessments should cover issues such as…
Diagnosis
Health and development, milestones etc
Communication needs
Equipment needs
Culture and identity
Any behavioural issues
Day-to-day care needs
Personal care needs
The person’s wishes and feelings in relation to their care and support
Need for respite
There must be a plan of action setting out how the needs will be met. The local authority should set this out in a separate document (a care and support plan).
DIRECT PAYMENTS & PERSONAL BUDGETS
At the end of the care and support plan you the local authority must set out your Personal budget. This is the pot of money allocated to you to meet your needs as set out in the care and support plan. This pot of money can be accessed by direct payments, which is where you receive the money yourself and pay carers directly. The other option is for the local authority to buy in services itself (called “direct commissioning”).
The local authority should set out clearly how the personal budget is calculated, so you can see why they have arrived at the figure. If you are going to manage the money yourself via direct payments, it is important that you understand your responsibilities from now on regarding managing this account and the administration duties.
(For more details on this subject please refer to personal budgets and direct payments guides)
FINANCIAL ASSESSMENTS
Local authorities will need to carry out a financial assessment to determine if a contribution needs to be paid towards the cost of the care. If individuals have income and savings above the upper threshold amounts, that person will be a “self-funder”, meaning they will have to pay for the care.
LOOKING FOR MORE LEGAL ADVICE?
Find legal support for your disabled or SEN child. Know their rights at school & find specialist advocates and lawyers.
TRANSITIONS & PREPARING FOR ADULTHOOD
Although the Care Act 2014 applies only to disabled adults, it does contain some important provisions relating to transition, as disabled teenagers approach adulthood.
Local authorities must carry out an assessment where it appears that a disabled child may have needs for care and support upon reaching 18. This is called a “child’s needs assessment”. The assessment process will identify how the child’s needs may impact on their wellbeing, what outcomes the child wants to achieve, and what care would help to achieve those outcomes. Authorities will need to determine whether it is likely that support will be required after the child turns 18, and must then provide advice about how those needs can be met or reduced now, or prevented or delayed.
MEDICAL NEGLIGENCE
LAST UPDATED: 4TH NOVEMBER 2018
Medical negligence is when medical people fail in their duty of care to you, leading to injury or making an existing condition worse. There are a number of ways that medical negligence can happen, such as misdiagnosis, incorrect treatment or surgical mistakes.
Irwin Mitchell have very kindly helped Sky Badger put these legal guides together. You can find them as well as lots of other organisations and charities specialising in legal advice at the bottom of this page.
CAN I CLAIM ON BEHALF OF MY CHILD?
TYPES OF MEDICAL NEGLIGENCE
For example, you may consider these areas:
Delay in diagnosis / Wrong diagnosis or misdiagnosis
Brain injury either at birth, shortly after birth or acquired brain injury
Brain damage and traumatic brain damage
Childbirth injuries, traumas and birth trauma effects on a baby
Poor surgical treatment/ Poor nursing care
Delay in treatment
Prescription errors
Dental negligence and eye related treatments.
Hospital related infections
Cosmetic surgery
BIRTH INJURIES
Midwives and Doctors usually provide a high standard of care during childbirth, but if procedures aren’t followed correctly, or there’s a communication error, there can be devastating consequences for your child.
Some of these complications and injuries, either at birth or afterwards, can lead to conditions such as Cerebral Palsy and other neurological issues which may have a life changing impact on your family for the rest of your child’s life.
You may be entitled to bring a claim if you’ve been injured, or suffered an illness because of negligent treatment by an NHS Trust or healthcare professional.
Birth injury claims should be dealt with by a specialist Birth Injury lawyer; also, specialist solicitors can help you seek answers from those responsible and make sure that your child receives the compensation and rehabilitation they need.
So, it’s important to seek legal advice as soon as you can if you think medical negligence may be a factor in the outcome of any treatment.
WHERE DO I START?
The first step to making a medical negligence claim is to contact a solicitor; as soon as you are able to after you believe negligence has happened, whilst the information is still fresh in your mind.
You can make a complaint to the care provider which should be made within 12 months of the treatment in question. Your complaint will be looked into and you should receive a reply to the concerns raised. You may also receive an apology or reassurance that changes have been made to prevent the same problem happening again.
When do I need to Claim by?
Usually you have three years to make a medical negligence claim; this is from the date of the medical error. However, there are some exceptions to this rule.
In the case of children, the three year time limit does not apply until their 18th birthday and they can process a claim up to their 21st birthday. It doesn’t matter about the date that the incident occurred, or you realized they were injured.
Also, if the person bringing the claim lacks mental capacity the time limits may not apply.
How Do I Prove A Medical Negligence Case?
You must be able to prove that you’ve received negligent treatment which caused an injury or contributed to making an existing condition worse.
How Much Can I Claim For Medical Negligence?
The amount of compensation you can claim for medical negligence will vary depending on:
The extent of the injury/illness
Any expenses you’ve incurred
Your future care needs
Therapies
Accommodation
Aids & Equipment
Rehabilitation
Will I Need To Go To Court?
Only a very small number of these cases go to court.. However, if your case goes to court, you will get help and support through the process.
How Long Do Cases Take To Settle?
They usually settle claims (i.e. come to an agreement) as quickly as possible to make sure you get the compensation you deserve. This differs depending on what happened in the case.
LEGAL AID
Legal Aid, can I apply for this?
You can usually apply for legal aid if a child has suffered a brain injury during pregnancy/childbirth, or shortly after ( 8 weeks) , which has resulted in a severe disability.
Not all solicitors firms are able to offer Legal Aid, so if you think you might be able to apply for this funding it is important to find a firm who offers Legal Aid.
Will a Medical Examination be needed?
It’s likely that you’ll need to see an expert doctor to assess the extent of any damage/injury you’ve suffered as a result of negligent treatment. It’s important to get the professional opinion of an independent medical expert to help with your claim.
CAN I CLAIM ON BEHALF OF MY CHILD?
Parents can make medical negligence claims on behalf of their children. There are many solicitors who can do this and talk through the timescales, as well as the personal injury compensation guidelines.
FINANCE
ZEBRAS CHILDREN AND ADULTS CHARITY
Zebras Recreation Fund has been launched in January 2018. The charity provides recreational funding to people living with disabilities, and those who have undiagnosed conditions that limit their daily life.The funding will give people the chance to access leisure facilities and recreation where they want and in their own free time. The funding can be […]
WORKING TAX CREDIT
Working Tax Credit If you’re claiming disability benefits for yourself or your child, you may qualify for extra tax credits.
WHIZZ-KIDZ
Whizz-Kidz provides essential mobility equipment, such as powered or manual wheelchairs, and recreational equipment, such as trikes, that are customised to meet individual children’s needs. The service ensures that children get the right mobility equipment, advice and training at the right time. The wheelchair training programme includes improving the use of your wheelchair, new wheelchair […]
WELL CHILD
Well Child’s Helping Hands is a unique scheme offering practical support to sick children and their families through one off home improvement projects, such as a garden or bedroom makeover.
WATERCARE SERVICES
WaterCare gives extra help when the supply is interrupted and can offer special tariffs. It is available to a wide range of families from nursing mothers with children under the age of one to kidney dialysis patients.
VEHICLE EXCISE DUTY
You may be entitled to a free tax disc if you have a disabled child. To be eligible, you must get the higher rate of the mobility component of Disability Living Allowance.
VAT RELIEF
You don’t have to pay VAT on certain goods and services that you buy If they are to be used exclusively by someone who is disabled – a wheelchair or adapted computer hardware, for example. Certain building work can also be free of VAT.
VARIETY, THE CHILDREN’S CHARITY
The Variety Club works to help improve the lives of sick, disabled and disadvantaged children and young people up to the age of 19 across the UK. Each year they donate electric wheelchairs, specialist beds, car seats, sensory equipment, standing frames and many other items that can change the life of a child in need. […]
UK POWER NETWORKS
They keep details of their most vulnerable customers on a Priority Services/Special Needs Register. Although this won’t necessarily mean they can restore your power more quickly, they can offer you additional help and support if you do experience a power cut.
TURN2US
Turn2us helps people in financial need gain access to welfare benefits, charitable grants and other financial help – online, by phone and face-to-face through our partner organisations.
TREFOIL
Trefoil House has a holiday grant fund for children/people to take a holiday where there is no funding available from elsewhere. They also provide grants for disabled sports equipment.
THE SUNSHINE FUND
The Sunshine Fund provide grants for specialist equipment and resources for children and young people with complex needs and disabilities living in the North East of England.
THE RICHARD OVERALL TRUST
They provide young disabled people with financial support to “enjoy and progress in their chosen sport”.
THE REGULATED SOCIAL FUND
This fund is to help you pay for specific extra expenses arising from maternity, a funeral, periods of cold weather and winter fuel payments. (You will need to be in receipt of a qualifying benefit)
THE NIHAL ARMSTRONG TRUST
The Nihal Armstrong Trust supports children (up to and including the age of 18) with cerebral palsy. It can fund a piece of equipment, communication aid or a particular service that your local authority will not fund. It supports families on means tested benefits with a grant less than £1000. Please note that they do […]
THE ENERGY SAVING TRUST
Is a great one-stop-shop to get independent and impartial advice about how to save energy and money, and to find out about grants and financial help in your area.
THE ELIFAR FOUNDATION
The Elifar Foundation is a charity run almost entirely by volunteers. It aims to help improve the quality of life mainly of profoundly disabled children and young adults. They fund the purchase of a wide range of specialised equipment, therapies and respite, which would otherwise be unavailable because of a lack of funds or because […]
THE CHILDREN’S HOPE FOUNDATION
The Children’s Hope Foundation offer support to buy medical equipment, computers for educational purposes and days out.
THE ADAMSON TRUST
The Adamson Trust established in 1947 provides grants for disabled and special needs children aged 3 to 17 years for holidays or respite breaks. Individual families can apply as well as accepting applications on behalf of groups of children, organisations or registered charities. View the site for details of how to apply along with holiday […]
THE ACT FOUNDATION (NOW THE EDWARD GOSTLING FOUNDATION)
Provides specialised wheelchairs, other mobility aids and equipment including medical equipment to assist independent living. Grant Information ACT provides grants of up to £2,500 to individuals with the aim of enhancing the quality of life for people in need (specifically people living in poverty, those who have a physical and/or mental disability or the aged). […]