Young People in Full-time Education for Blind and Partially Sighted Students 2007/08 This fact sheet explains the benefits that young people in full-time education should claim. It is useful for those who work with blind and partially sighted people, such as social workers, rehabilitation officers, teachers and local society workers. Young blind and partially sighted people and their parents will also find it helpful. Please note that the new term for being registered blind or partially sighted is 'severely sight impaired' and 'sight impaired'. However, we refer to the old terms throughout this fact sheet as many people are still unfamiliar with the new terms. Basic rules You should consider claiming the benefits in this fact sheet if: • you are aged 16 to 18; and • you are in full-time 'non advanced' education Please note, you are in 'non advanced' education if you are either at school or further education college and you are studying for GCSEs, GCE A Levels, BTEC Nationals, GNVQs level 3 and below, or their equivalents. Benefits to claim • Disability Living Allowance (DLA) • Incapacity Benefit • Income Support Effects on parents' benefits and tax credits If you are blind or partially sighted you can claim social security benefits in your own right once you reach the age of 16. This means that your parents stop claiming benefits such as Child Benefit for you. Most families will be considerably better off if a young disabled person makes an independent claim for benefits at 16. However, if your parents get any benefits or tax credits they may be worse off. You therefore need to get advice before you make your own claims for benefits to ensure that your whole family does not end up worse off. Disability Living Allowance Your parents may already be receiving this benefit for you as they claim it for you until you are 16. Once you are 16, you have to claim it for yourself. DLA is a useful benefit because you get it as well as any other income. It never reduces other benefits and sometimes increases Income Support, Housing Benefit and Council Tax Benefit. This means you can get DLA in addition to both Incapacity Benefit and Income Support. You get DLA because of the difficulties you have getting around and/or the help you need as a result of your sight problems. Many blind and partially sighted people get both parts of the benefit - the mobility component and the care component. There are lots of different rates of DLA, but we find blind and partially sighted people commonly get low rate care and low rate mobility - £34.20 per week, or middle rate care and low mobility - £60.25 per week. See our 'Disability Living Allowance' fact sheet for more details. Incapacity Benefit Your parents cannot claim Incapacity Benefit for you, so you have to claim it yourself when you reach the age of 16. To qualify, you need to show: • you are incapable of work; and • you have been incapable of work for 196 days (28 weeks) - these can be the days prior to your 16th birthday; and • you are not on a full-time course (but see exceptions shown in the following section 'Incapacity Benefit and full-time education'). The rates for this benefit are: • £61.35 per week for the first 28 weeks of your claim; then • £72.55 per week for the next 24 weeks; then • £98.45 per week after 52 weeks claiming. 'Incapacity for work' has a technical meaning for benefit purposes. It does not literally mean you can never work. If you have never worked, your capacity for work will be assessed through the 'personal capability assessment'. If you are registered blind you are exempt from this test. If you are partially sighted, or not registered at all, you have to complete an incapacity questionnaire. If you find it difficult to read large print over a sustained period then you should be treated as incapable of work. For more details about the incapacity test you should see our 'Incapacity Benefit' fact sheet. Incapacity Benefit and full-time education Incapacity Benefit is not normally paid to people aged 16-19 in full-time education. For Incapacity Benefit, 'full-time' means 21 hours or more. Breaks, free periods, private study or homework do not count towards the 21 hours. So, if you attend classes or supervised study of less than 21 hours a week, you can qualify, irrespective of whether the education is specially designed for disabled people. If you attend classes for more than 21 hours, then you may still qualify if the extra hours or classes would not be suitable for someone of the same age and sex who does not have a physical or mental disability. This is set out in Regulation 17 of the Social Security (Incapacity Benefit) Regulations 1994. In order to assess what hours count, you need to look at both what is taught and how it is taught. You should ignore any time spent learning to read or write Braille, or any extra teaching hours required on account of your disability. Attending a 'specialist' school or college If you are taught entirely through specially adapted teaching methods (e.g. you are in a 'specialist' school or college), you do not need to add the 'suitable hours' exactly. The whole of your course should be treated as 'unsuitable' for a fully sighted person. This was established in law as a result of a Social Security Commissioners' decision R(S) 2/97. Income Support Income Support is a useful benefit if you cannot get, or are in the first year of claiming Incapacity Benefit. It is a means-tested benefit, therefore the amount you get is affected by how much other income you have. For example, if you have more than £6,000 savings this will also affect it. Normally most 16-18 year olds in full-time 'non advanced' education cannot get Income Support. However, if you are blind or partially sighted you should be able to qualify on the grounds that you are 'severely handicapped'. This rule is in Regulation 13(2)(b) of the Income Support (General) Regulations 1987. You have to show that, as a result of your disability, you are unlikely to get a job within the next 12 months even if you are available for work. You should get your doctor to write a letter confirming this. If you satisfy this condition, you do not have to prove you are available for, or incapable of work. It also means that you do not have to show that you attend under 21 hours of lessons per week. If you are registered blind, or getting DLA or long-term Incapacity Benefit, your Income Support is worked out in the following way: • personal allowance £46.85 • plus disability premium £25.25 • equals applicable amount £72.10 Your applicable amount is the minimum amount the Government believes you need to live on. This figure is reduced if you receive certain types of income but the DLA you get is ignored. So, if you get Incapacity Benefit, then your Income Support is reduced by the amount of Incapacity Benefit you get. Your student loan will also be treated as income, regardless of whether you actually receive it. However, note that 'Disabled Students Allowance' is ignored completely as income for Income Support purposes. For example, if you get £61.35 Incapacity Benefit the calculation is as follows: • applicable amount £72.10 • minus income (Incapacity Benefit) £61.35 • equals Income Support payable £10.75 Income Support and other benefits If you qualify for Income Support you might also be able to get access to a number of other benefits. These include: • free school meals • school uniform and clothing grants • free prescriptions • free sight tests and vouchers for glasses • free dental treatment • Community Care Grants from the Social Fund • Housing Benefit and Council Tax Benefit. You can only claim Housing Benefit or Council Tax Benefit if you are liable to pay rent or Council Tax yourself. If you are under 18 you cannot be liable for paying Council Tax. Both Community Care Grants and School Clothing Grants are discretionary. This means you will not necessarily be awarded a grant if you apply for one. Residential schools and colleges If you are at a residential school or college your benefits may be affected in the following ways: • DLA care component may be withdrawn after 28 days if you are in residential accommodation that is partly or fully financed through 'public funds'. It should however, be paid for weekends, holidays and half terms spent at home. • If your Local Education Authority (LEA) supports your place in a residential school or college, then you may not be eligible for Income Support during term time. This is because the Department for Work and Pensions (DWP) may treat the LEA contribution as a 'notional income' which fully meets your daily needs. However, you should still get Income Support for holidays and half terms. The rules about benefits in residential schools are quite complex. You should seek advice if you are refused any of the benefits mentioned in this fact sheet. Further Information To find out more, contact your local advice centre or Citizens Advice Bureau. The National Bureau for Students with Disabilities (Skill) on 0800 328 5050 may also be able to advise you further. Or, you can contact us at: Welfare Rights Service Action for Blind People 14 - 16 Verney Road London SE16 3DZ National Freephone Helpline: 0800 915 4666 Email: benefit.check@actionforblindpeople.org.uk You can also find all our fact sheets, briefings and checklists on our website at: www.actionforblindpeople.org.uk - then click on the link to 'Welfare Rights'. This is only a brief guide about the benefits young blind and partially sighted people in full-time education can get. It is not a complete or exhaustive statement of law. 10 April 2007