Ask the Experts

How do I register as hearing disabled?

Q I’m 55 years old and have severe hearing loss in my right ear. This was fully examined and diagnosed five years ago at the Royal National Throat, Nose and Ear Hospital in London. I’m in full-time employment and my hearing is affecting my work. How do I register my hearing disability? I’m not looking for financial benefits, just fair consideration in the workplace. Please help.  
Irene Sarka, by email

Agnes Fletcher says:
There is no one place to register as a disabled person. Where you log the fact that you have an impairment – for example, if you want to register for a Blue Badge parking permit (disabled parking permit), for support from your local social services department, for benefits to which you may be entitled or for additional support in the workplace depends on your need.

If you were diagnosed with a hearing impairment five years ago, it might be time to get in touch with a specialist again. You’d need to see your GP to arrange this. You may be eligible for an NHS hearing aid, including a digital one, if this is suitable for you.

If your main problems occur at work, you have a right not to be discriminated against on grounds of your impairment and to reasonable adjustments in the workplace. This might include colleagues and managers taking account of your hearing disability when they talk to you – speaking clearly, looking directly at you, not covering their mouths, for example.

Registering with your local council as deaf or hard of hearing may entitle you to travel concessions, such as a Disabled Person’s Railcard.

It would therefore make sense for you to have an assessment from your local Access to Work team. Access to Work provides support to disabled people in the workplace.

This can include equipment, help with fares to work if you face additional costs, or a support worker for some or all of the time. You don’t say where you live but contact details for different Access to Work regions are given on the Directgov website.

For more information, go to Hearing care and services on the Directgov website (directgov.org.uk) and Benefits and services on the Royal National Institute for Deaf People (RNID) website (rnid.org.uk)

Can I get my benefits back if work doesn't work out?

Q I’m thinking of taking a job for 16 hours per week. I’m on Disability Living Allowance (DLA), Incapacity Benefit and Income Support. My question is, if the job didn’t work out for me, could I be fast-tracked back on to my benefits?
Matthew Dalton, by email

Disability Alliance’s Ken Butler says:
From 31 January 2011, it has no longer been possible to make a new claim for incapacity benefits, even if you were previously considered unfit for work.

Every new claim is seen as an Employment and Support Allowance (ESA) application instead. This includes people in your situation.

The introduction of ESA also abolished the rules for linking claims for Incapacity Benefit, Severe Disablement Allowance and Income Support paid on incapacity for work grounds, known as “incapacity benefits”.

The most important linking rule was for welfare-to-work beneficiaries. This let people in your situation who started work or training return to their incapacity benefit at the same rate as before, if they became incapable of work again within a period of 104 weeks (two years). This helped people try work, to see if they could manage it.

But from 1 February 2011, claims for incapacity benefits that would have been linked back to previous benefits are treated as new claims for ESA. Previous circumstances and claims no longer count.

This means that if your incapacity benefit entitlement is interrupted due to an unsuccessful attempt to return to work, you’ll need to make a new ESA claim. You’ll then receive its initial lower 13-week assessment phase payment (currently £65.45 per week, rather than the full £91.40 per week paid to those who have a limited capability for work; or £96.85 paid to those in the support group not expected to undertake any work-related activity).

The Government’s moving everyone currently receiving incapacity bene­fits onto ESA by 2014, if they pass its Work Capability Assessment (WCA) medical test. The only exceptions are people who’ll reach state pension age by that date. People who don’t secure enough points in the WCA will get Jobseeker’s Allowance instead.

The current rules mean that people who remain on incapacity benefits and who move directly onto ESA will be better off in terms of transitional protection. This is because where people get more now on incapacity benefits than the appropriate ESA rate, their current payment will be frozen.

Also, people thought to have a limited capability for work for more than 13 weeks in a previous ESA award, who then start work but have to stop due to ill health within 104 weeks, will go back onto ESA on the same rate and terms as before.