Constant Attendance Allowance
- Conditions of entitlement
- How and when to claim
- How claims are decided
- The decision on your claim
- How much benefit you will get
- How you are paid
- If your circumstances change
- Effects of CAA on other benefits
Conditions of entitlement
Constant Attendance Allowance (CAA) can be paid if you need constant care and attention as a result of your injury or disease. [Legislation (71)]
You can get CAA,
- if you are dependent on attendance for the necessities of life
- the attendance is needed as a result of the relevant loss of faculty and
- attendance will be needed for a prolonged period.
CAA cannot be paid for help with ordinary housework or for similar domestic purposes, and it is not paid simply for help with dressing and undressing
To be entitled to CAA, you have to show that you need daily attendance and are likely to need it for a long time. Although you must show that you need daily attendance, the attendance need not last throughout the day and you may not actually receive it.
Attendance need not be provided on a paid basis and CAA can still be paid when attendance is provided by a relative.
Industrial Injuries Disablement Benefit must be the 100% rate payable for you to be considered for CAA. [Legislation (72)]
But you may also receive it if you get Industrial Injuries Disablement Benefit of less than 100% and payments for disablement under the War Pension scheme which bring your total disablement to at least 100%
- Legislation (73) top of page
How and when to claim
If Industrial Injuries Disablement Benefit is payable at the 100% rate, an opinion will automatically be given for CAA at the time of your medical examination.
You only need apply for CAA if you are already receiving Industrial Injuries Disablement Benefit at the 100% rate, did not have any attendance needs at the time of your award, but your condition means that you now need constant attendance. If you are already in receipt of CAA, but your condition has worsened since the award, you may be entitled to an increase. You should claim on form BI104 which you can get from your Regional Industrial Injuries Disablement Benefit Centre or the Disability benefits section of GOV.UK .
How claims are decided
Medical services carry out an examination at the same time as giving an opinion on the extent of your disablement for Industrial Injuries Disablement Benefit . The doctor will complete a report and advise on your need for attendance. They will look at and consider:
- the nature and amount of attendance you need
- if you are dependent on attendance for the necessities of life
- if you need attendance as a result of the relevant loss of faculty.
The decision maker will consider the doctors report and any other evidence and will decide the rate, amount and period of the award. The award will be renewed if you continue to satisfy the conditions
The decision on your claim
You will be notified of the decision in writing. It will explain how the decision was arrived at and if there is any entitlement to benefit.
If you disagree with the decision
There is no right of appeal against a decision on CAA. If you disagree with the decision you can ask for it to be reconsidered if you consider you have good reason. [Legislation (75)]
See NI260 ‘DMA – A guide to Dispute, Supersession and Appeal’.
How much benefit you will get
How much benefit you get depends on how much looking after you need. For current rates see Benefit and pension rates (BRA5DWP)
There are four rates of CAA based on the amount of attendance you need.
These are:
- part-time
- or normal maximum
- or intermediate
- or exceptional. [Legislation (74)]
How you are paid
Payment of your CAA will be made with your Industrial Injuries Disablement Benefit direct into an account.
If your circumstances change
If you are getting CAA you must tell us straight away if you are admitted to hospital or similar institution.
CAA is payable for the first 4 weeks of free in-patient treatment if:
- you are already receiving CAA at the date of admission
- or CAA is subsequently granted for a period which includes the date of admission. [Legislation (76)]
If you are in hospital longer than 4 weeks and payment has stopped, you can receive payment for certain periods when you are allowed to leave hospital. Payment will start again when you are discharged.
If you go abroad, CAA can be paid for 6 months from the date you go, or for a longer period as the Secretary of State may allow. [Legislation (77)]
Effects of CAA on other benefits
If you qualify for CAA, you cannot also get Attendance Allowance (AA), the care component of Disability Living Allowance (DLA), or the daily living component of Personal Independence Payment (PIP) unless it is higher than the CAA. In that case you will get CAA and may get the balance of the other benefit
Receipt of CAA is not taken into account as income in some other benefits such as:
- Incapacity Benefit
- Employment and Support Allowance (contribution-based)
- Contribution-based Jobseeker’s Allowance
- Retirement Pension.
- Income Support
- Employment and Support Allowance (income-related)
- Income-based Jobseeker’s Allowance
- Pension Credit
- Housing Benefit
- Working Tax Credit
- Child Tax Credit.
Note: You will have to contact your local authority to confirm if any reduction you or your partner receive in your council tax bill is affected.
While you are getting CAA, the person looking after you may be able to get Carer’s Allowance (CA) or may have their rights to a state pension protected. Although CA is not income related itself- it is taken into account as income related benefits. So if the person you are caring for is in receipt of income related benefits they should seek advice before claiming CA.
