Eligibility
Whether you get AA depends on the answers to two sorts of question. One set of questions is about where you live. The other questions are about care conditions. See below for details on these questions.
Where you live
You must normally live in Great Britain (GB) and when you make your claim, you must [Legislation (1)]:
- be in GB, and
- have been in the United Kingdom (UK) or the Isle of Man, Jersey or Guernsey for at least 26 weeks out of the last 52 weeks.
Time spent living in another EEA country may in some cases be treated as a period in GB for the purposes of the 26-week rule.
In certain other circumstances, you may also be treated as living in GB even though you are not there. This applies to:
- members of HM Armed Forces serving abroad (including their spouse, civil partner, children, stepchildren, parents, step-parents or parents-in-law if they are living with them)
- mariners and airmen working abroad
- people working on the UK sector of the continental shelf (for example on an oil rig)
- people temporarily abroad, during the first 6 months they are there
- people going abroad for a temporary period specifically for medical treatment.
There is an exception to the 26-week rule:
- people who have a progressive disease and are not reasonably expected to live for more than another 6 months can claim straight away.
Northern Ireland and the Isle of Man have similar schemes to AA; Jersey and Guernsey have slightly different ones. If you live in these areas you should claim the allowance from the relevant department in the area where you live.
You will not be entitled to AA if your right to stay in the UK is subject to immigration control. You may be entitled if you are:
- an EEA national, or a member of the family of an EEA national
- a national of Algeria, Morocco, San Marino,Tunisia or Turkey and lawfully working in GB or a member of the family of one of these nationals and living with them
- covered by an agreement between the UK and another country on social security
- given refugee status
- given exceptional leave to enter or remain in the UK
- given humanitarian protection or discretionary leave to remain in the UK
- given indefinite leave to remain in the UK and subject to a formal maintenance undertaking.
When you can receive help
To qualify for AA you must have met one or more of the care conditions for at least 6 months [Legislation (2)].
Care conditions
The 2 rates and the conditions which apply to them are:
Lower:
- for people who need frequent attention with bodily functions throughout the day
- or need continual supervision throughout the day to avoid substantial danger to themselves or others
- or need prolonged or repeated attention at night in connection with bodily functions [Legislation (3)]
- or need someone to be awake during the night for a prolonged period or at frequent intervals in order to avoid substantial danger to themselves or others
- or regularly use a kidney machine at home or in a self-care unit at least twice a week, and this means they need attendance or supervision by another person. If renal dialysis is provided for them as a hospital outpatient under the NHS scheme, and with assistance from hospital staff, this will not normally entitle them to receive AA.
Higher:
- for people who satisfy both a day-time and a night-time condition which apply to the lower rate.
The definition of bodily functions, together with definitions for other care conditions, can be found in ‘Terminology’.
Special rules for people with a terminal illness
There are special rules to help people who are terminally ill (people who have a progressive disease and are not reasonably expected to live for more than another 6 months). The special rules are to make sure people get their benefit as soon as possible. People who are terminally ill can qualify immediately for the higher rate without having to satisfy the 6-month qualifying period. You can make a claim under the special rules for such a person without them knowing or without their permission. You should claim straight away. [Legislation (4)]
What the care conditions mean
Whether you get AA depends on how your disability affects your need for someone to help you with your personal care, not on the type of disability you may have.