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Welfare and Benefits

If you suffer from an injury or disability as a result of medical negligence, you may be entitled to certain benefits to help supplement your income and cover essential healthcare costs.

Details about financial support available is listed below:

  • Attendance Allowance
  • Carer’s Allowance
  • Disability Living Allowance (DLA)
  • Employment and Support Allowance (ESA)
  • Guardian’s Allowance
  • Help with Health Costs
  • Personal Independence Payments (PIP)
  • Statutory Sick Pay (SSP)

Attendance Allowance

Attendance Allowance (AA) is a benefit for people who are aged 65 or over who are suffering with an illness, disability or care needs and do not get a Disability Living Allowance (DLA) or Personal Independence Payments (PIP).

AA is paid at two rates, a higher rate and a lower rate. To get AA you must have had care needs for at least six months. This includes help with bodily functions, attention and supervision. If you are terminally ill, you are automatically treated as having care needs.

AA can be claimed by phoning the Attendance Allowance Service Centre, or by filling in a claim form from www.gov.uk/attendance-allowance/how-to-claim.

Carer’s Allowance

Carer’s Allowance is a benefit available to those who are providing regular and substantial care to a disabled person(s). It is a taxable benefit and forms part of your taxable income.

You must be aged 16 or over and spend at least 35 hours a week caring for someone. The person you care for must also be in receipt of other state benefits, including PIP, DLA and AA.

Disability Living Allowance (DLA)

Disability Living Allowance for adults has been replaced by Personal Independence Payments (PIP). It is still available for children, and may help with any extra costs of looking after a child who is under 16 and suffering from a range of medical conditions including physical, behavioural and mental health conditions as well as learning disabilities and developmental delay.

If your child has been left with a long-term disability or injury as a result of medical negligence, then you may be entitled to claim DLA.

Employment and Support Allowance

Employment and Support Allowance (ESA) is a benefit for people who are too sick or disabled to work.

There are two types of ESA: contributory ESA, which you can get if you have paid enough National Insurance contributions; and income-related ESA which is paid if your income and capital are low enough.

In order to claim, you need to be able to prove that you cannot work by providing medical certificates to the Department of Work and Pensions (DWP). You may then be required to attend a face-to-face medical assessment with a healthcare professional to decide if you satisfy the limited capacity for work assessment. This will look at your ability to perform a range of work related activities and takes into account both physical and mental capabilities.

Guardian’s Allowance

Guardian's Allowance is available to those who are bringing up a child whose parents have died. It is a non-means tested benefit and is paid at a fixed amount of £18.55. You can still get Guardian’s Allowance if the child has one serving parent, but it is subject to certain criteria.

You can claim by filling in a claim form and sending it to the Guardian’s Allowance Unit along with the child’s birth certificate and the parent’s death certificate(s). Claim forms are available on the GOV.UK website.

Help with health costs

If you are on a low income, receive certain benefits or fit other criteria, you, your partner and children may be eligible for NHS costs including prescriptions, sight tests and dental care.

If you qualify for full help, you, your partner and your children get free prescriptions in England, free dental treatment and check-ups, free sight tests, vouchers for glasses or contact lenses, travel costs to hospital for treatment, NHS wigs, NHS fabric supports, for example, abdominal and spinal supports and support tights.

If you do not qualify for free treatment but need help under the low income scheme, you can apply for a certificate. There are two types: a full help certificate (HC2); and a limited help certificate (HC3).

The forms can be found at www.nhsbsa.nhs.uk

Personal Independence Payments (PIP)

This is a benefit for people aged 16 to 64 with a long-term health condition or disability. A long term health condition means one which is expected to last 12 months or longer. PIP isn’t means tested, so it is not affected by any other income or savings that you have. It can be paid whether you are in or out of work and can be paid alongside other benefits. It is tax free and is intended to help with the extra costs of having a long-term condition.

Entitlement to PIP
  • You must be aged 16 to 64
  • You must live in Great Britain and have lived there for at least two years during the last three years
  • You must be habitually resident in the UK, Republic of Ireland, Isle of Man or Channel Islands
  • You must not be subject to immigration control
  • You must have needed assistance for at least 3 months and expected to need if for another 9 months
  • You must have a physical or mental condition that limits your ability to carry out certain activities, including daily living and mobility activities.

Payments are made at either the standard or enhanced rate.

You can start claiming PIP by calling the DWP PIP claims line on 0800 917 2222.

Sick pay

If you are off work with sickness for a period of 4 days or more, you may be entitled to Statutory Sick Pay (SSP). SSP is paid by your employer for up to 28 weeks. SSP is payable whether you are part-time, full-time, agency worker or on fixed-term contract. If you are self-employed, then you are not eligible for SSP.

Contractual sick pay through your contract of employment may entitle you to more than SSP. This pay is treated like earnings and forms part of your taxable income.

Travel costs

If you are suffering from a disability then you may be entitled to free or discounted travel on public transport, exemption from paying road tax and parking concessions through a blue badge.

You must provide documentation proving that you have a disability.

Vaccine damage payment

If you have been seriously injured or disabled as a result of a vaccination, you could be eligible for a one-off tax free payment of £120,000 (Vaccine Damage Payment). You are eligible for the payment if your disability was caused by vaccination against any of the following diseases:

  • Diphtheria
  • Tetanus
  • Pertussis
  • Poliomyelitis
  • Measles
  • Mumps
  • Rubella
  • Tuberculosis
  • Haemophilus influenzas type B
  • Meningococcal group C (meningitis)
  • Pneumococcal infection
  • HPV
  • Pandemic influenza (up to 31 August 2010)
  • Smallpox (up to 1 August 1971)

Severe disablement means at least 60% disabled and includes mental or physical disablement. Claims must be made within six years of vaccination.

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