I claim Incapacity benefit and DLA. My partner has moved in. Will I still be able to claim these?

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Abi Ainscough answered
You should still be able to claim both incapacity benefits (IB) and Disability Living Allowance (DLA) if your partner moves in. However, if your partner moves in and this affects other areas of your life, for example, it increases your mobility or negates your need for a carer, your DLA or IB benefits may be subject to change. If you receive any other benefits, these may also change if your partner moves in with you.

  • Incapacity benefits

Your incapacity benefits should not change. This is because, in the UK, incapacity benefits are not means tested - this means that your income is not taken into account if you are eligible to receive incapacity benefits.

Incapacity benefits are state-provided benefits which are awarded to those who are unable to work due to an illness. This illness can be short or long-term. Incapacity benefits can also be awarded to those with a disability which prevents them from working. However, the illness or disability must have started before October 27th 2008 in order for you to be eligible to receive incapacity benefits.

To find out more about incapacity benefits, please visit the government website's page concerning incapacity benefits. The link for this page is http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Illorinjured/DG_10018913.

  • DLA

Disability Living Allowance, or DLA, is not a means tested benefit, and therefore your partner moving in should not (technically) affect the amount of DLA you receive. However, depending upon the impact of your partner's move upon your quality of life, your DLA may change slightly. There are three different rates of DLA available - the lowest rate is available to those who need minimal help to get through their day safely and well. The highest rate is available to those who need round-the-clock care, or care for most of the day.

To find out more about DLA, please visit the government website's page concerning DLA, which can be found here: http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Disabledpeople/DG_10011816.

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