Eligibility
There are certain conditions which must be met before help with personal care or mobility may be considered [Legislation (22)].
Age
You must claim DLA before your 65th birthday but awards already made can continue for as long as you meet the conditions. You can make your claim as soon as you meet the conditions but you must have needed help for 3 months before payment can begin, unless the claim is under the special rules for terminally ill people.
The higher rate of the mobility component is payable from age 3, and the lower rate from age 5. The care component is payable from age 3 months (or from birth where a child is terminally ill) [Legislation (23)].
Where you live
You must normally live in Great Britain (GB) and when you make your claim, you must:
- 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 [Legislation (24)].
Time spent living in another EEA country (see ‘Terminology’), 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 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 are some exceptions 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
- the period is reduced to 13 weeks for babies under 6 months
Northern Ireland and the Isle of Man have similar schemes to DLA; Jersey and Guernsey have different ones. If you live in these areas you should claim from the relevant department in the area where you live.
You will not be entitled to DLA 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, see ‘Terminology’
- 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.
Living alone
Entitlement is based on the amount of help needed, not the amount actually received. It does not depend on whether or not a person lives alone.
When you can get help
Neither component is payable until you have needed help for 3 months (qualifying period), and you must be expected to need help for at least a further 6 months (prospective test). However you may claim before you have needed help for 3 months. If you have been paid DLA within the past 2 years, and you make a fresh claim, you may not have to wait for the 3-month qualifying period to end [Legislation (25)].
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 highest rate of care component without having to satisfy the 3-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 (26)]