Children's handbook Scotland
Chapter 1: Benefits and tax credits
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Chapter 1: Benefits and tax credits

This chapter covers:

1. Introduction (below)

2. Attendance allowance (Cross reference)

3. Carer's allowance (Cross reference)

4. Child benefit (Cross reference)

5. Council tax reduction (Cross reference)

6. Disability living allowance (Cross reference)

7. Employment and support allowance (Cross reference)

8. Guardian's allowance (Cross reference)

9. Health benefits (Cross reference)

10. Housing benefit (Cross reference)

11. Income support (Cross reference)

12. Jobseeker's allowance (Cross reference)

13. Pension credit (Cross reference)

14. Personal independence payment (Cross reference)

15. The Scottish Welfare Fund (Cross reference)

16. The social fund (Cross reference)

17. Statutory adoption pay (Cross reference)

18. Tax credits (Cross reference)

19. Universal credit (Cross reference)


1. Introduction

This chapter gives an outline of the basic conditions of entitlement for the main benefits and tax credits which may be relevant to the situations covered in this Handbook. Other chapters look at how benefits and tax credits are affected when a child comes to live with you, goes to live elsewhere or leaves local authority care.

To check your entitlement, first use the chapter covering the circumstances that apply to you. This explains the specific rules that apply to benefits and tax credits in your circumstances. Then use this chapter for an outline of the general conditions of entitlement that apply to everyone. If you need more details, see CPAG’s Welfare Benefits and Tax Credits HandbookChapter 2 explains how to claim benefits and tax credits, how to challenge a decision if you disagree with it and how to make a complaint.

Future changes

 In the future, the rules on some benefits (eg, disability benefits and carer's allowance) are likely to be different as responsibility for them is devolved to the Scottish parliamant.


Benefit cap

There is a 'cap' on the total amount of benefit and tax credits you can receive. The cap is currently set at £500 a week, or £350 a week if you are single with no dependent children. Some claimants are exempt from the cap – eg, if you receive a disability benefit such as disability living allowance. Most benefits and tax credits are included in the calculation. From November 2016, the government plans to reduce the amount of the benefit cap to £384.62 a week, or £257.69 a week if you are single with no children.Footnote


2. Attendance allowance

Attendance allowance (AA) is a benefit for people aged 65 or over who have care needs because of a disability. AA is not means tested and you do not have to have paid any national insurance contributions to get it.

The Department for Work and Pensions is responsible for the administration of AA.


Who can claim attendance allowance

You qualify for AA if you:Footnote

are aged 65 or over when you first claim. People aged between 16 and 64 may be able to claim personal independence payment (see Cross reference) and children aged under 16 may be able to claim disability living allowance (DLA – see Cross reference); and

satisfy certain UK residence and presence conditions and are not a 'person subject to immigration control'. See CPAG’s Welfare Benefits and Tax Credits Handbook for details; and

satisfy the disability test (see Cross reference); and

have satisfied the disability test for the last six months (unless you are terminally ill).


Disability test

You get either a lower or a higher rate of AA. The disability conditions for the lower rate are the same as for the middle rate care component of DLA (see Cross reference). The conditions for the higher rate are the same as for the highest rate care component of DLA (see Cross reference).


Amount of benefit

Weekly rate

£
Lower rate 55.10
Higher rate 82.30

3. Carer’s allowance

Carer’s allowance (CA) is a benefit for people who spend at least 35 hours a week looking after a disabled adult or disabled child. You do not have to have paid any national insurance contributions to get CA.

The Department for Work and Pensions is responsible for the administration of CA.


Who can claim carer’s allowance

You qualify for CA if you:Footnote

are aged at least 16; and

are caring for a person receiving either the highest or the middle rate care component of disability living allowance (DLA), either rate of the daily living component of personal independence payment (PIP), either rate of attendance allowance (AA), armed forces independence payment or constant attendance allowance with an industrial injury benefit or war pension; and

are providing care that is regular and substantial (at least 35 hours a week); and

are not gainfully employed. This means your earnings must be no more than £110 a week; and

are not a full-time student; and

are not a 'person subject to immigration control' and you satisfy the residence conditions. See CPAG’s Welfare Benefits and Tax Credits Handbook for details.


The disabled person’s benefit

Your entitlement to CA depends on the person for whom you care continuing to get her/his disability benefit. If her/his benefit stops, your benefit should also stop. To avoid being overpaid, make sure you tell the Carer’s Allowance Unit (see Appendix 1) if the disabled person’s AA, PIP or DLA stops being paid, or if you are no longer providing care for 35 hours or more a week.

If you are caring for a disabled adult, it is not always financially prudent to claim CA. Although it may mean more money for you, it could result in the person for whom you care losing some income support (IS), income-based jobseeker's allowance (JSA), income-related employment and support allowance (ESA), pension credit (PC), housing benefit (HB) or council tax reduction (CTR). S/he may be getting a severe disability premium/addition included in these benefits. S/he cannot continue to get this premium if you get CA for her/him. See CPAG’s Welfare Benefits and Tax Credits Handbook for details.


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