Welfare benefits and brain injury

A brain injury is likely to have an effect on a family's finances, and claiming benefits can help to ease the pressure. The system is complex and can be confusing, so it is important to get professional advice and to apply as soon as possible so you don't lose money.

This section gives you an overview of some of the benefits you can claim. You can read an introduction to Employment and Support Allowance and Disability Living Allowance, and check which benefits you may be entitled to after brain injury on our Welfare benefits checklist, which you can download below.

A description of all the available benefits is available on the Direct.gov.uk website.

In this section:

• Employment and Support Allowance (ESA)
• Disability Living Allowance (DLA)
• Benefits appeals
• Support with your claim

Employment and Support Allowance (ESA)

Employment and Support Allowance is paid to people who have difficulty working due to illness or disability. It replaces Incapacity Benefit, Severe Disablement Allowance and Income Support paid on the grounds of disability. All claimants of these benefits will be assessed for ESA before April 2013.

ESA is designed to support people with disabilities and help them find work if they are capable. It is not designed to force people into work if that is not realistically possible. People with severe disability can claim without having to seek employment.

Claiming ESA

You can start the ESA claims process by telephone, textphone or using a simple form:

• Telephone: 0800 055 6688
• Textphone: 0800 023 4888
• Welsh language telephone: 0800 012 1888
• Download a form from direct.gov.uk (link opens in a new window)

Your local Job Centre Plus can help you make a claim if you are having problems.

When you claim ESA you will enter the 13-week 'assessment phase', and you will receive a payment equal to the rate of Job Seeker's Allowance.

During this phase, you may be required to undertake a Work Capability Assessment. As part of this you will be asked to complete a questionnaire on how your condition affects your ability to work, and your doctor may be asked to write a report. You may be required to attend a face-to-face medical assessment with an independent medical advisor. If you like, you can take a friend, relative or support worker along to this assessment.

From week 14, your claim will be decided and you will be assigned to one of the following groups:

Disability Living Allowance (DLA)

Disability Living Allowance (DLA) is a tax-free benefit for disabled children and adults to help with extra costs you may have because you're disabled. Depending on the level of award, it can also act as a 'passport' to other benefits such as Carer's Allowance and the Motability car scheme.

Many people claim DLA successfully after brain injury. You can claim DLA if:

• You have a physical or mental disability, or both
• Your disability is severe enough for you to need help caring for yourself or you have walking difficulties, or both
• You are under 65 when you claim (people aged 65 and over can claim Attendance Allowance)

DLA is not means-tested, so you can claim it whether or not you work and it doesn't take your savings into account.

Claiming DLA

To claim Disability Living Allowance you will need to complete a detailed form which explains the impact of your disability on your day-to-day life.

You can get the application form in the following ways:

• Download the form or complete online at direct.gov.uk (link opens in a new window)
• Contact the Benefits Enquiry Line on 0800 88 22 00 or BEL-Customer-Services@dwp.gsi.gov.uk

You can download Headway's factsheet Completing the DLA claim form from the bottom of this page. See the support with your claim section below for further help completing the form.

When you return the form a decision maker at the Department for Work and Pensions will consider your claim. They may ask for a report from your doctor or any professional you have declared on the application form. They may also require you to attend a face-to-face assessment to assess your level of disability.

DLA components

There are two components of DLA:

• Care component - awarded to people who need help and supervision for everyday activities
• Mobility component - awarded to people who have severe difficulty getting around

The care component can be paid at either the lower, middle or higher rate, while the mobility component can be paid at the lower or higher rate.

You may be entitled to only the care component or only the mobility component, or a combination of the two.

You can find out more about Disability Living Allowance on the Direct.gov.uk website using the link at the bottom of this page.

Benefits appeals

Information on what to do if you do not agree with a decision will be included in the decision letter. In most cases, appealing will involve contacting the office that made the decision and asking them to either review the claim or refer it to the Tribunals Service.

You should seek advice and support before appealing, and it is often beneficial to take a representative along with you if you have to attend a tribunal. See the support with your claim section for more information.

Support with your claim

You should always seek support when claiming benefits after brain injury, and when appealing a benefits decision. In many cases, people find it difficult to put the symptoms of their brain injury onto the form and will struggle to give an accurate account of their difficulties. This can often lead to benefits not being awarded to people who are entitled to them.

Organisations such as the Citizen's Advice Bureau, Community Legal Advice, DIAL and some Headway Groups and Branches can give benefits support and advice. They may also be able to discuss your situation and tell you which benefits you might be entitled to.

Contact the Headway helpline to talk through your situation and get information on sources of support.