03. Who can claim?

Benefits and tax credits are there to support people in need. There are many types of benefit for different types of need. Here we outline the types of benefit that you can get, depending on your need. If you think that you might be able to get any of the benefits described, you can get more detailed leaflets explaining how they work, whether you qualify, and how much they are worth, from the Department for Work and Pensions and the Inland Revenue. See 'Further help' for contact details.

If you have a low income
If you have a low income, there are a number of benefits you can claim which can give you a basic amount to live on. They all depend on you passing a means test, so you will have to give details of all your income and savings.

• Income Support is available to some groups of people on a low income who do not have to look for work to receive benefit.  These include carers, lone parents and people with a health problem.  
• Jobseeker's Allowance may be paid to people who fall outside the groups listed above and who must look for work to qualify for benefit.  
• Working Tax Credit is to help top up low earnings. You may qualify if you work for 16 hours or more a week and you either have a child or are disabled. Otherwise you must work for at least 30 hours and be over 25 in order to claim.  
• The Social Fund is a system of loans and grants to help cover unexpected costs or payments for certain events such as funeral expenses.  
• Housing Benefit and Council Tax Benefit is paid by your local authority (council) and can help pay your rent or council tax if you have a low income - regardless of whether you are working or not.  
• Mortgage interest costs can be paid if you qualify for Income Support or Jobseeker's Allowance. These will normally be paid direct to your mortgage company, but may not cover all of your mortgage interest.

If you are having a baby
If you have a job, you may get Statutory Maternity Pay (SMP) or Statutory Adoption Pay from your employer. It is the minimum amount that an employer has to pay you while you are off work having a baby. It is based on your earnings and how long you have been working, and you can claim it for up to 26 weeks. If you do not qualify for Statutory Maternity Pay you may be able to claim Maternity Allowance instead from the Department of Work and Pensions.

If you are the partner of a person who has recently given birth or adopted a baby, or if you will have responsibility for the child, you may be able to claim Statutory Paternity Pay depending on your earnings and how long you have been working.  It is paid for 2 weeks.

For more information about what you may be entitled to from your employer if you are having a baby, see the Community Legal Service leaflet, 'Employment'.

All expectant mothers can get free prescriptions and dental treatment. If you are on a low income, you may also qualify for a lump-sum payment called a Sure Start Maternity Grant.

If you have children to look after
If you have a child, there are several benefits you may be able to claim.

• You can normally claim Child Benefit for your child or children, regardless of your earnings.  
• If your income is below a certain level, you may also qualify for Child Tax Credit.  
• If you work, you could claim Working Tax Credit which can give extra allowances towards childcare costs.  
• If your child is disabled, you may be able to claim Disability Living Allowance for them, and Carers Allowance for looking after them.  
• If you look after a child whose parents have both died, or if one has died and the other is either missing or in prison, you may be able to claim Guardian's Allowance.

If you separate from your partner, and you claim benefits for your children, you may have to tell the Child Support Agency to ask your partner (if he or she doesn't live with the children) for maintenance (money to help support them).

If you are unemployed
Jobseeker's Allowance is paid to you if you are fit for work but you do not have a job. You may qualify for the contribution-based benefit if you have paid national insurance contributions recently. If you are on a low income, you may also receive the means-tested benefit based on your needs and income.

To qualify for benefit, you must prove to the jobcentre that you are looking for work and you must be available for work (you can't normally be studying for more than 16 hours a week, for example). You claim for yourself and your family, although some young couples must make joint claims.

If you are just starting work
If you start work after a time when you've been receiving Income Support or Jobseeker's Allowance, you may be able to get 'extended payments' of:

• Housing and Council Tax Benefit;  
• Income Support (if you are a single parent); and  
• Mortgage interest payments.

You can continue to be paid housing benefit, council tax benefit and mortgage interest benefit for up to 4 weeks (2 weeks for Income Support) after you start work. This is to help tide you over until you receive your wages.  However, you must inform the appropriate office as soon as you start work or you could lose benefit.

If you were working part time while claiming Income Support or Jobseekers Allowance and these benefits stop because you increase your hours or pay, you can claim a one-off Back to Work Bonus. This must be claimed within 12 weeks of the benefit ending.

If you were receiving maintenance under the pre-March 2003 rules, this maintenance will be included in your assessment for Income Support or Jobseekers Allowance. If you then start full-time to work and these benefits stop, you may be able to claim a one-off Child Maintenance Bonus. This must be claimed within 4 weeks of the benefit ending.

If you are ill and can't work
If you are off work sick you may qualify for:

• Statutory Sick Pay (and possibly contractual sick pay from your employer) for the first six months.  
• Incapacity Benefit (on top of any contractual sick pay you receive from your employer), if you are still ill and can't work after six months.

If you are sick and you have never worked, you may qualify for Incapacity Benefit if you are under 20 (or 25 in certain circumstances). Otherwise, you may get Income Support if you are on a low income.

If you do return to work and are still disabled you may also qualify for a higher rate of Working Tax Credit to top up your earnings.

If you have been injured at work
As well as the sickness benefits already mentioned, you may be able to claim Industrial Injuries Benefits if you have an accident at work or you suffer a disease as a result of your work. You must be an employee and the injury or disease must have happened because of your work. To claim this benefit, you do not have to prove that your employer was at fault, but you should also speak to a solicitor in case there is any civil claim against your employer.

If you have been disabled because of military service
A separate scheme, managed by the Veterans Agency, pays benefits to you if you have been disabled because of military service. It also applies to widows and widowers whose husband or wife has died while in military service.

If you have a disability
Depending on how long an illness or disability lasts and how disabled you are as a result, you may qualify for:

• Disability Living Allowance if you are under 65; or  
• Attendance Allowance if you are over 65.

You can claim Disability Living Allowance and Attendance Allowance whether or not you work. They are not treated as income for the purpose of working out whether you qualify for other means-tested benefits, such as Income Support, Tax Credits or Housing Benefit.

If your home is adapted or you have to use an extra room because of your disability, your Council Tax bill can be reduced.

If you care for a person with a disability, you may qualify for Carers Allowance if you spend at least 35 hours a week caring and earn less than £77 per week.

If you have retired, or are retiring
You may receive the State Retirement Pension when you reach pensionable age ( currently 65 for men and 60 for women). The amount you receive will depend on how much national insurance you, or your married partner, have paid or been credited with during your working lives. Pension Credit may be payable depending on your circumstances. It is made up or two parts - a guarantee credit (for over 60's) and a Savings Credit (for over 65's). The Savings Credit means that you may still receive benefit even if you have savings and/or other income in addition to your basic pension. If you are 60 or over, you will also qualify for free prescriptions and you should receive a Winter Fuel Payment each year.

If your husband or wife dies
If your married partner dies and they have paid national insurance contributions in the past, you may be able to claim a lump-sum Bereavement Payment.

If you have children, you may qualify for Widowed Parents' Allowance. If you live alone, you may get a Bereavement Allowance for up to a year after your husband or wife dies. You can carry on claiming all these benefits as long as you do not remarry, although they can be suspended if you live with another partner as man and wife.

If you are on a low income, you may also qualify for other means tested benefits and a Funeral Grant from the Social Fund.

Special Rules
For most of the benefits mentioned in this guide, special rules apply to certain groups of people such as hospital in-patients, people from abroad, students, prisoners and those who live in special accommodation.  You should get further advice if you are in any of these groups.