2nd National Conference - November 1999 - Coping with the Benefit System

Ms Sandra Walker
Welfare Rights Officer, Manchester Royal Infirmary

The Department of Social Security (DSS) has an enormous responsibility to make prompt, accurate payments and deal with huge numbers of queries. Recent years have seen a shift of responsibility from the DSS to the individual, which is ongoing.

The DSS now tries to avoid filling out most forms, instead expecting friends, relatives or voluntary agencies to help. It has also toughened up rules on claiming, backdating and paying arrears. The responsibility for verification of a claim lies with the claimant. You must identify your entitlements and claim at the appropriate time. Ignorance is seen as no excuse. Where arrears might once have been backdated for a year, you are now lucky to get 3 months.

Get to know your local DSS offices and their opening hours; they have an out-of-hours service for emergencies only (your police station should have details). Keep all your Benefits Agency letters and documents in date order and keep copies of letters you send to them. If telephoning, note whom you speak to, their extension number, when you spoke and what about. Do keep the DSS informed of any changes.

When things go wrong administratively with your claim, various people can help: Customer Services at the Benefits Agency, Welfare Rights (probably based within Social Services), the Citizens' Advice Bureau, the Law Centre (check the phone book), your MP, or your social worker. Your doctor or consultant can sometimes provide clarification. Check your local hospital to see if they have a Welfare Rights Officer.

If you are refused benefit that you think you are entitled to, be aware that you only have one month to submit your appeal, which must be in writing on the correct form (GL24). Appeal first, then seek help. Your local library should hold details of local advice provision. Remember that post addressed to one DSS office may go via another for opening. If you have to meet deadlines, hand-deliver post to your local office.

Keep literature, such as your Pituitary Foundation booklets, that explains your medical condition. This can be usefully added when claiming, asking for a review or appealing.

There are many reasons why claimants may be refused benefits.

  • Governments try to limit the ever-increasing social security budget, so the entry criteria for benefits keep getting tougher.
  • Many people don't know the rules of entitlement and how to fill in the forms. Useful leaflets like HB5 'Non-contributory Benefits for Disabled People' and IB214 'The All Work Test' can be obtained from your local DSS or major post office.
  • In the case of Disability Living Allowance, many people apply for 'mobility allowance' under the 'virtually unable to walk' rules. A common error is to fail to detail time, manner, speed, distance and severe discomfort. For the care component, the claim must relate to help reasonably needed with 'bodily functions', the cooking test or supervision needed to avoid a substantial danger - not domestic chores. Avoid misleading words: 'sometimes' or 'occasionally' means 'virtually never' to the DSS, not 'most of the time'.
  • In completing the Incapacity Benefit questionnaire, reflect your ability to perform an activity reasonably regularly rather than as a 'one-off'. The DSS may well be ignorant of an unusual condition - you must spell out practical problems.

Know your rights! Identify your entitlements, know about changes in the rules, and don't lose out.

The Disability freephone number is 0800 882200.

Last Updated ( Tuesday, 12 September 2006 )