Benefits for people unable to work

If you or the person you look after are unable to work because of illness or disability, there are a number of benefits which you may be able to apply for. Please contact your local Social Work office if you would like more information. These benefits include:

Statutory Sick Pay (SSP)
Incapacity Benefit (IB)
Severe Disablement Allowance (SDA)

Welfare Benefits have produced an Information for Carers fact sheet (pdf file, 79Kb) which you may also find helpful regarding benefits for yourself and the person you care for.

Statutory Sick Pay (SSP)

The employer pays this although the person must be an employee earning at least £95 per week. SSP is payable for the first 28 weeks of incapacity for work. If the person is still unfit after 28 weeks, he or she should claim Incapacity Benefit (see below).

Incapacity Benefit (IB)

Incapacity Benefit is a contributory benefit for people of working age who are unfit for work. To qualify, the person must be unfit for work and have paid the correct National Insurance Contributions (NIC). After 28 weeks, most claimants are required to undergo a 'personal capability assessment' test. Incapacity Benefit is paid at three rates depending on how long the claimant has been unfit for work.

Carers of children with a disability should note that their child may be entitled to claim Incapacity Benefit in their own right from the age of 16, even though they are still at school and have not paid any National Insurance Contributions. The age limit for qualifying under the non-contributory route can be extended to 25 year-olds in certain circumstances.

You qualify for short-term Incapacity Benefit if:

you are 'incapable of work'
you are in a 'period of incapacity for work'
you cannot get statutory sick-pay
you have worked and paid NIC in the last 3 years; or
you claim under the special rules for widows and widowers; or
you are no more than 5 years over pension age, your period of 'incapacity for work' began before pension age and you would have been entitled to retirement pension if you had claimed it.

Employment & Support Allowance (ESA)

Employment & Support Allowance is the new benefit from 27 October 2008 paid to people whose ability to work is limited by ill heath or disability. It replaces both Incapacity Benefit and Income Support paid on the grounds of incapacity and it is a single benefit. It has two components: a contributory allowance, which has similarities to Incapacity Benefit, where the claimant must have paid the correct National Insurance Contributions (NIC); an income-related allowance, which has similarities to Income Support paid on the grounds of incapacity which is the means-tested element. There are 2 phases in Employment & Support Allowance: The Assessment phase is for the first 13 weeks of a new claim (except for those who are terminally ill); The Main phase is from the 14^th week where the ‘work capability assessment’ (WCA) test is satisfied. The ‘work capability assessment’ is undergone during the Assessment Phase and will determine which group applies for the Main Phase. There are 2 groups: the Support Group and the Work-related Activity Group. In the Support Group a claimant has limited capability for work-related activity under the ‘work capability assessment’. People in this group do not have to undertake work-related activities and they receive a higher rate of Employment & Support Allowance than those in the work-related activity group. In the Work-related activity group the claimant must meet work-related conditions.

for Welfare Benefits/Money Advice (pdf 105kb). The information contained in this form can be used to assess your eligibility for benefits. If you would like help to complete the form, please contact the Welfare Benefits Service (see below).

The benefits and tax credit systems are complex and it is not possible to describe all the rules that may apply to an individual's circumstances. It may be possible to receive more than one of the benefits listed above at the same time. The golden rule is, if in doubt, claim. Do not delay in making a claim as it can be difficult to backdate late claims.

If you are refused benefit you usually have the right to ask for a review or an appeal. Should you need further advice you may wish to contact Scottish Borders Council Welfare Benefits Service or your local Citizens Advice Bureau.

Severe Disablement Allowance (SDA)

Severe Disablement Allowance is a non-means-tested benefit for people of working age who have not been able to work for at least 28 weeks, and who have not paid sufficient National Insurance Contributions to qualify for Incapacity Benefit. As from 6 April 2001 SDA was abolished for new claimants. Those receiving SDA at at 6th April 2001 continued to be paid SDA except for claimants under 20 who were transferred to IB on 6 April 2002.

An additional allowance is paid depending on the age of the person when they first became unfit for work. It is not taxable. It counts in full as income for most means-tested benefits, but it may give a higher rate of entitlement.