RNID: For deaf and hard of hearing people.

factsheet iconBenefits and services factsheet

About this factsheet

This factsheet is part of RNID's benefits range. It is written for deaf people. We also include information for people with tinnitus and Menière's disease. We use the term 'deaf people' to refer to deaf, deafened and hard of hearing people throughout this factsheet.

Read this factsheet to find out:

Most of the information in this factsheet will apply to you wherever you live in the UK. But if you live in Northern Ireland, you should call the Benefit Enquiry Line (BEL) for Northern Ireland for further advice. You can also contact RNID Northern Ireland. If you live in Wales or Scotland, you may also wish to contact RNID Cymru or RNID Scotland for more local advice. See below for details of all the organisations you can contact for further information.

If you would like this factsheet on audio tape, in Braille or in large print, please contact the Information Line.

What is Incapacity Benefit?

This is a benefit paid to people who cannot work because of illness or disability. Your other income or the savings you have do not affect whether you can get Incapacity Benefit (although if you get an occupational and/or personal pension your Incapacity Benefit may be reduced - see below). If you have a partner, their income or savings do not affect your claim, but you may be able to claim an extra amount for them if their income is low enough (see below).

Incapacity Benefit is assessed and paid by Jobcentre Plus offices, part of the Department for Work and Pensions (DWP).

Who can claim Incapacity Benefit?

You will qualify if you fit the following conditions:

  • you are aged 16 or over and under state pension age – currently 60 for women and 65 for men, and
  • you are incapable of work (we explain what this means later), and
  • you are not getting Statutory Sick Pay, and
  • you satisfy the national insurance (NI) contribution conditions
    (The DWP booklet IB1, A Guide to Incapacity Benefit gives full details of the contribution rules), or
  • you are under 20 (or 25 if you have been in education or training) – see Incapacity Benefit for young people.

If you are over state pension age you may be able to claim Incapacity Benefit for up to one year, but after that time you will have to claim your state retirement pension instead. You may be better off claiming your state pension anyway. You should seek advice if you are in this position.

If you are not entitled to Incapacity Benefit because you have not paid enough national insurance contributions, you may be able to claim Income Support. We tell you more about Income Support below.

Incapacity Benefit for young people ('IB in youth')

If you are a young person you can claim Incapacity Benefit without having to satisfy the NI contribution conditions if:

  • you claim before you are 20, and
  • you have been continuously incapable of work for at least 28 weeks, or
  • you claim before you are 25 and you have been in full-time education or training since before your 20th birthday, and
  • you have been continuously incapable of work for at least 28 weeks.

Full-time education or training includes:

  • full-time study of any level from secondary school to postgraduate, or
  • part-time study if you cannot do it full-time because of your disability, or
  • a government training course, or 
  • a non-government occupational skills or vocational course of at least 16 hours a week.

You should have finished or left the course before you can claim Incapacity Benefit as a young person. You must claim before your 25th birthday or (if your period of incapacity began less than 28 weeks before your 25th birthday) as soon as you have been incapable of work for 28 weeks.

If you are under 19 and are awarded Incapacity Benefit, your parents will no longer be able to claim benefits such as child benefit for you.

How much is Incapacity Benefit?

How much you get will depend on how long you have been incapable of work. The rates below apply from April 2008.

  • You don't normally get Incapacity Benefit for the first three days of incapacity unless a) your claim is linked to an earlier period of incapacity or b) your claim is linked to a period on Statutory Sick Pay or c) you claim IB in youth.
  • You will be awarded £63.75 short-term lower rate for the first 28 weeks, or £81.10 if you are over pension age.
  • After 28 weeks on the lower rate, you start getting the short-term higher rate of £75.40 or £84.50 if you are over pension age. This is paid from week 29 to week 52.
  • After 52 weeks, you start getting the long-term rate of £84.50. If you are terminally ill or receive Disability Living Allowance (DLA) higher rate care component, you will get the long-term rate after 28 weeks.
  • If you get long-term Incapacity Benefit you will also receive an age addition of £17.75 if you were under 35, or £8.90 if you were 35-44, when your incapacity started.

Incapacity Benefit is a taxable income, although if it is your only source of income, you should not have to pay any tax on it. You also get a £10 Christmas bonus.

Can I claim for my partner?

Possibly. The amount you can claim for them is £50.55 with long-term rate or £39.40 (if you are not over pension age) or £48.65 (if you are over pension age) with short-term rate. This amount may be reduced if they earn more than a certain amount. Your local Jobcentre Plus or social security office can advise you whether you can claim for your partner. Alternatively, you could seek advice from a Citizens Advice Bureau (CAB), law centre or independent agency.

If you have dependent children, you should claim Child Tax Credit. Contact the Tax Credits Helpline for more information.

Can I get Incapacity Benefit if I have a pension?

If your occupational or personal pension is more than £85 a week, your Incapacity Benefit is reduced by 50p for every extra pound that your pension exceeds £85. For example, if your personal pension is £105 a week, this is £20 more than £85. So your Incapacity Benefit is reduced by £10 (half of £20). The amount of Incapacity Benefit is not reduced if:

  • you were getting Incapacity Benefit or Severe Disablement Allowance before 6 April 2001 and there has been no break in your claim, or
  • you get higher rate DLA care component, or
  • your pension payments are the result of the death of the pension scheme member.

If you are incapable of work but are not entitled to Incapacity Benefit, you may be able to claim Income Support instead.

What is Income Support?

Income Support is a means-tested benefit to help bring your family income up to a basic level set by the government. It is assessed at a different rate depending on whether you are a single person or have a partner living with you. If you are aged 60 or over you should claim Pension Credit instead of Income Support. You don't need to prove you are incapable of work to claim pension credit.

Who can claim Income Support?

You can claim Income Support if:

  • you, and your partner if you have one, have capital (for example, savings or property) of less than £16,000
  • your income is low enough (including the income of your partner if you have one), and
  • you are not working 16 or more hours a week (or only doing permitted work – see page 14 and if you have a partner, they are working for less than 24 hours per week and you fit into one of the following groups:
  • you are incapable of work because of an illness or disability
  • you are a lone parent
  • you are a carer.

How much is Income Support?

The BEL, a CAB, or Jobcentre Plus offices can advise you how much Income Support you are likely to get. Generally, the amount you receive depends on:

  • your age
  • whether you are single or part of a couple
  • whether anyone in your household has a disability or is a carer
  • your other income and the value of your savings
  • whether you own your home. You may get extra to help with your mortgage interest.

If you have been receiving Income Support for some time, your benefit may include extra amounts for your dependent children. These amounts have now been replaced by Child Tax Credit, which you claim from Her Majesty's Revenue & Customs (HMRC).
 
The DWP uses set amounts to calculate a total amount based on your circumstances, known as your 'applicable amount'. The DWP then subtracts from this amount most other income you already receive. What is left is the amount of Income Support you are entitled to. Most types of income are taken into account and will affect the amount of Income Support you get. However, if you or someone in your household also receives DLA or Attendance Allowance, these are not taken into account.

Premiums

If you have been incapable of work for more than 52 weeks (one year), your 'applicable amount' of Income Support includes an extra amount called a disability premium, although you can receive this straight away if you also get DLA or Severe Disablement Allowance. If you receive the higher rate care component of DLA, your applicable amount will also include an enhanced disability premium.

If you live alone and receive middle or higher rate DLA care component, your applicable amount may also include a severe disability premium, but this will not be paid if someone receives Carer's Allowance for looking after you. If you have a carer who wants to claim Carer's Allowance you should take advice to see if your benefit will be affected.

When can I claim Income Support and Incapacity Benefit?

You may receive Income Support and Incapacity Benefit at the same time in some situations.

  • At the start of your claim. When you first claim benefit, the DWP may take some time to check your national insurance contribution records. You may get Income Support until your Incapacity Benefit is assessed.
  • If you have a partner or you pay mortgage interest you may find Incapacity Benefit is not enough to live on. You should find out if you can also get Income Support.
  • If you get DLA, you will qualify for the disability premiums, as explained earlier. This may mean you are entitled to Income Support as well as Incapacity Benefit.

How do I make a claim?

The government has set up a network of Jobcentre Plus offices in all parts of England, Scotland and Wales. Jobcentre Plus offices deal with the benefit claims of working-age claimants (aged 16-60) and also offer advice and services designed to help people find or prepare for work.

Jobcentre Plus offices expect most people to make their claim by telephone. During your first call they will take your details and enter them onto a benefits claim form. They will send you a print-out of the form to check and sign, and they will also book you an appointment to attend a work-focused interview.

If you cannot make a claim on the phone because of your deafness, your local Jobcentre Plus office should offer you an appointment instead. If you need communication support (for example, a BSL interpreter) to attend an interview, you must let Jobcentre Plus know. Alternatively, you can ask them to send you a claim form to complete.

When you make a new claim for Incapacity Benefit or Income Support, you are also required to attend a 'work-focused' interview with a personal adviser to discuss work options. Your adviser may talk about your previous experience, your training needs and any adaptations an employer may need to make because of your disability. Although you have to attend a work-focused interview if you want to claim benefits, you should not be forced to look for work or take a job. If you are claiming Income Support as a couple your partner may also be asked to attend a work-focused interview.

Incapacity Benefit

If you are employed, you cannot claim Incapacity Benefit until any Statutory Sick Pay you receive from your employer stops. When you need to claim Incapacity Benefit, ask your employer for an SSP1 claim form.

If you are not employed, ask your local Jobcentre Plus office for an SC1 claim form. Even if you know you will not be entitled to Incapacity Benefit (if, for example, you have not paid enough national insurance contributions) you still have to fill in an SC1 before you can claim Income Support.

If you are under 20, ask for claim form IB(Y)1.

Pension Credit

If you are over 60, call the Pension Credit Claim Line. If because of your deafness you would not be able to complete a claim form over the telephone you can ask the Pension Service to arrange for a visiting officer to complete the form at your home.

What happens when I make a claim?

When you first make a claim for Incapacity Benefit or Income Support, you will need to take your claim forms and any medical certificates from your GP to your interview at your local Jobcentre Plus office.

Incapacity Benefit can be backdated for up to three months, but you will need to provide a backdated medical certificate. If you are under 20, you should ask your GP to backdate your certificate for at least 28 weeks because Incapacity Benefit for young people is not payable until you have been incapable of work for at least 28 weeks. It does not matter if part or all of the backdated period is before your 16th birthday, but you cannot be paid any Incapacity Benefit before you are 16 years old.

In exceptional circumstances, Income Support can be backdated for up to three months, but you will have to show that there was a good reason why you could not make your claim earlier.

How is incapacity assessed?

Own occupation test

If you have worked for at least eight out of the 21 weeks before your claim for benefit, your ability to perform your own occupation will be assessed for the first 28 weeks of incapacity. This means that you need to get a medical certificate from your GP that proves that you are unfit to do your usual job.

The personal capability assessment

After 28 weeks of incapacity, or if you have not worked recently, your incapacity status will be assessed by the personal capability assessment. You do not need to have this assessment if you are:

  • assessed as 80% disabled for Severe Disablement Allowance or War Disablement Pension, or entitled to Industrial Injuries Disablement Benefit
  • getting DLA higher rate care component, or
  • terminally ill, or
  • registered blind, or
  • you have a prescribed chronic condition such as a severe muscle wasting disease or have been affected by a severe stroke.

How does the personal capability assessment work?

This is an assessment of your ability to perform a range of physical and mental activities. You score points if you cannot do a particular activity, or you have difficulties with the activity. You must score at least 15 points in total for physical activities to be treated as incapable of work, or 10 points for activities related to mental health. It is also possible to combine scores for physical and mental-health activities.

First, you will be sent a questionnaire to complete, which asks you about each activity. You will probably also be asked to attend a medical examination with a doctor employed on behalf of DWP. The activities most relevant to deaf people are hearing and speech.

Functional category  Points 
Hearing (with a hearing aid or other aid if normally worn)  
cannot hear sounds at all 15
cannot hear well enough to follow a television programme
with the volume turned up		 15
cannot hear well enough to understand someone talking
in a loud voice in a quiet room		 15
cannot hear well enough to understand someone talking
in a normal voice in a quiet room		 10
cannot hear well enough to understand someone talking
in a normal voice in a busy street		 8
no problem with hearing  0

When your hearing is being assessed, your ability to lipread or get clues from someone's gestures should not be taken into account. Can you understand what someone is saying when your back is turned to them? If you use a hearing aid, you should explain the problems you have understanding speech when there is background noise. You should explain whether you need to ask people to repeat themselves over and over again before you can understand them, as this means you are effectively unable to hear speech.

If you have been advised to use a hearing aid but have stopped using it, explain why. For example, your hearing aid may have distorted sound or been uncomfortable. Guidance given to DWP doctors advises that "a client who has been inconvenienced by a hearing aid and has abandoned it should be assessed without aids".

Functional category  Points
Speech 
cannot speak15
speech cannot be understood by family or friends15
speech cannot be understood by strangers15
strangers have great difficulty understanding speech10
strangers have some difficulty understanding speech8
no problems with speech0

You should be assessed purely on your clarity of speech, not using clues and gestures that help people to understand you. Ask yourself: if someone has their back turned to you, will they understand what you are saying?

Only the highest score from each activity will count. If you score at least 15 points in total from one or more activity then you will be assessed as incapable of work.

Example:

If you cannot understand someone talking in a normal voice on a busy street (scoring eight points under 'hearing') and strangers have difficulty understanding your speech (scoring eight points under ‘speech’) you will score 16 points in total and assessed as incapable of work.

This does not mean that you are not able to work at all. It means that you are not required to look for work in order to claim benefit.

The personal capability assessment and people with tinnitus

The guidance given to DWP doctors advises that severe tinnitus "can be very disabling and may result in sleep disturbances, anxiety and depression". If you get anxiety and depression as a result of tinnitus, you may be able to score points on the mental activities section of the personal capability assessment. You should consider this if, for example:

  • you can't concentrate when reading a magazine or listening to a radio programme
  • your mental condition prevents you from taking part in leisure activities that you previously enjoyed
  • you are frequently distressed at some time of the day due to changing moods
  • you experience problems when sleeping and this interferes with your daytime activities.

Personal capability assessment and people with Menière's disease

If you have Menière's disease, you may experience attacks of vertigo (dizziness) with tinnitus, nausea and hearing loss. You may find it hard to walk or stand during such attacks. You should describe how often the attacks happen, how long they last, and what happens during them.

Under the personal capability assessment, as well as scoring points for hearing and speech problems, you may score points for your ability to perform other activities such as walking, climbing stairs, rising from sitting and standing. You may also be asked if you have fits or seizures. The doctor should consider the effects of Menière's disease over a period of time, not just on one particular day.

Can I appeal against a decision?

If you are found capable of work following a medical examination, you can appeal against the decision. The DWP should write to inform you of their decision and should also tell you how to challenge the decision.

You normally have only one month from the date of decision to make an appeal, although an appeal can be made up to 52 weeks late in exceptional circumstances.

You should usually seek independent advice from a CAB, a law centre or other advice agency if you want to appeal against a decision.

What kind of work can I do?

If you are claiming benefits because you are incapable of work, you cannot usually work and claim benefits at the same time, although there are some exceptions to this rule:

Voluntary work

Voluntary work is unpaid work, often done for a charitable organisation. You can do any amount of voluntary work while you get benefits.

Permitted work

There are four types of permitted work. You can do one of the following at any one time:

  • work and earn up to £20 a week. This is called the permitted work lower limit. You can carry on doing this work for as long as you like.
  • work for up to 16 hours a week and earn up to £88.50 a week. This is called the permitted work higher limit. You are only allowed to do this work for up to 52 weeks (one year)
  • work for up to 16 hours a week and earn up to £88.50 a week, if you are exempt from the personal capability assessment because you have a severe medical condition, or there is medical evidence that you have a severe medical condition.
  • carry out Supported Permitted Work. This is work supervised by someone who is working for a local or public authority, or voluntary organisation. You can earn up to £88.50 a week.

Permitted work does not affect the amount of Incapacity Benefit or Severe Disablement Allowance you get, but your Income Support, Housing Benefit and Council Tax Benefit may be reduced because of your earnings. 

If you are getting a disability premium in your Income Support, Housing Benefit or Council Tax Benefit, you can keep the first £20 of your earnings, but if you earn more than £20, this will reduce your benefit. If you are still entitled to get some Income Support, then the amount of Housing Benefit and Council Tax Benefit you get will not be affected.

Where can I get further information?

  • If you have an enquiry about benefits you should first contact the Benefit Enquiry Line.
  • If you need help filling in a form or want to speak to someone in person, contact the BEL or your local CAB. Alternatively, contact your local Jobcentre Plus office. They may be able to arrange for a visiting officer to come and see you in your own home.
  • If you still need further help after contacting these organisations please contact the RNID Information Line or your RNID office in Northern Ireland, Scotland or Wales.
  • If you are a benefits adviser, contact RNID Casework Service.

Benefit Enquiry Line (BEL)

BEL is a free advice line run by the DWP.
The BEL can help you fill in your form.
They will normally call you back within five days of your request for help to fill in the form.

Telephone: 0800 882 200
Textphone: 0800 243 355
Monday to Friday, 8.30am to 6.30pm, Saturday, 9.00am to 1.00pm.

BEL Northern Ireland

Telephone: 0800 220 674
Textphone 0800 243 787
Monday to Friday, 9.00am to 5.00pm.

Citizens Advice Bureau (CAB)

Your local CAB will give free advice.
See your phonebook for your nearest CAB or search the Citizens Advice Bureau website (external link, opens new browser window).

Disability Alliance

For a range of information about benefits.

Universal House
88-94 Wentworth Street
London E1 7SA.
Telephone/textphone: 020 7247 8776
Fax: 020 7247 8765
Email: office.da@dial.pipex.com
Website: Disability Alliance website (external link, opens new browser window)

Jobcentre Plus

Contact Jobcentre Plus to speak to a disability employment adviser or Access to Work advisers. They can also advise you if you are working and want to claim, or are claiming a benefit. Visit Jobcentre Plus (external link, opens new browser window) for details of your nearest office. The website also features useful leaflets, including "Need help starting work or getting back to work?"

Law centres

Law centres provide free advice and representation.

You can find details of your local law centre from the Law Centres Federation
Duchess House
18-19 Warren Street
London W1T 5LR.
Telephone: 020 7387 8570
Fax: 020 7387 8368
Email: info@lawcentres.org.uk
Website: Law Centres website (external link, opens new browser window)

Pension Credit Helpline

For people over 60 years old.

Telephone: 0800 991234
Textphone: 0800 169 0133
Monday to Friday, 8.00am to 8.00pm, Saturday, 9.00am to 1.00pm.
Website: The Pension Service website (external link, opens new browser window)

Department for Social Development in Northern Ireland

If you live in Northern Ireland contact the Department for Social Development website (external link, opens new browser window) for information about benefits.

Tax credits helpline

Telephone: 0845 300 3900
Textphone: 0845 300 3909
Open 8.00am to 8.00pm, seven days a week.

Welfare rights advice centres

See your phonebook for details of your local welfare rights advice centre.

Useful information from RNID

RNID Information Line

RNID Information Line
19-23 Featherstone Street
London EC1Y 8SL
Telephone: 0808 808 0123
Textphone: 0808 808 9000
Fax: 020 7296 8199.
Email: informationline@rnid.org.uk

RNID Tinnitus Helpline

RNID Tinnitus Helpline
19-23 Featherstone Street
London EC1Y 8SL
Telephone 0808 808 6666
Textphone 0808 808 0007
Fax 020 7296 8199
Email: tinnitushelpline@rnid.org.uk

RNID offices in Northern Ireland, Scotland and Wales

We offer a wide range of information on many aspects of deafness and hearing loss. Contact us for further copies of this factsheet and the full range of our information factsheets and leaflets.

We have offices throughout the UK.
For more local advice if you live in Northern Ireland, Scotland or Wales, please contact:

RNID Cymru

Tudor House
16 Cathedral Road
Cardiff CF11 9LJ
Telephone: 029 2033 3034
Textphone: 029 2033 3036
Fax: 029 2033 3035
Email: rnidcymru@rnid.org.uk

RNID Northern Ireland

Wilton House
5 College Square North
Belfast BT1 6AR
Telephone: 028 9023 9619
Textphone: 028 9031 2033
Fax: 028 9031 2032
Videophone: 028 9043 8354
Email: rnidni@rnid.org.uk

RNID Scotland

Empire House
131 West Nile Street
Glasgow G1 2RX
Telephone: 0141 341 5330
Textphone: 0141 341 5347
Fax: 0141 354 0176
Email: rnidscotland@rnid.org.uk

RNID Casework Service

If you are a benefits adviser, please contact the RNID Casework Service.

RNID Casework Service
19-23 Featherstone Street
London EC1Y 8SL
Telephone: 0808 808 0123
Textphone: 0808 808 9000
Fax: 020 7296 8199
Email: caseworkteam@rnid.org.uk

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