Ask the Experts

Questions and answers

Q I am moving to Cyprus and am at my wits’ end trying to find out what paperwork I need to continue receiving disability benefits abroad. I have received the higher rate of the care and mobility components of disability living allowance (DLA) since 1998, and incapacity benefit (IB) since 1992.
Michelle Shaw, via email

Gary Martin: Following a European Court of Justice ruling, it is possible for some claimants to receive DLA care component and carer’s allowance when they leave the UK to live permanently in another European Economic Area member state. As you receive long-term IB, it appears you will be able to “export” DLA care to Cyprus. Unfortunately, you won’t be able to receive the mobility component as you became entitled to it after 1992. Also, if you or a partner get a job in Cyprus, you would normally lose your entitlement to exported benefits. You should tell the DLA unit at Blackpool your circumstances are about to change, so they can re-examine your claim. It is also possible to export long-term IB. You should tell the office paying you IB and they will make a decision or send you the relevant form. Your local Citizens Advice Bureau can offer further advice.

Q I live with my son in a council bungalow. He is 18 and a wheelchair-user. My own condition is deteriorating and I have recently been given a powered chair. But our home is barely big enough for one wheelchair, never mind two! It has been adapted but the rooms are far too small. My son has to sleep with his bedroom door open, with his wheelchair in the doorway. When we moved in five years ago, I was told if I refused it I would go to the bottom of the housing list. We have been at the top of the priority move list for two years, but a large enough property is apparently unlikely. We are both getting desperate. I manage on crutches, but really need to start using my chair.
Mrs P Taylor, by email

Kate Sheehan: You both have very significant needs, which need to be assessed separately. There also needs to be an assessment of your combined housing need. Both your care managers should arrange a meeting with housing. They should stress the risk to your long-term health, and that your son’s dignity is being compromised. Housing should look beyond its traditional sources, for instance at part-ownership, working with a housing association to build a property specific to your needs, negotiating with a neighbouring council for a suitable property, or adapting level-access properties next to each other. The other option is your son moving into independent living nearby.

Q I am a severely disabled person and my life has mostly been spent on income support and DLA. My husband receives carer’s allowance. About seven years ago, due to very ill-health, we got into a lot of debt. After advice from a Citizens Advice Bureau (CAB), a debt management company took us on and lowered our payments to £141 a month. But over half my DLA goes on the debt plan, which will last eight years. Is this my best option, and is it right for my DLA to be counted?
Name and address supplied

Gary Martin: It is time to re-assess your disposable income and look for alternative options. The law is changing soon so there might be some new options. I would return to the CAB for a full assessment by a debt adviser. Some of the options are: IVA – a legally-binding agreement to pay part of your debts over a set period, often five years. You must have enough disposable income and/or assets to cover an insolvency practitioner’s costs and leave some money for creditors. This would mean using your DLA, and even then your spare income might not be sufficient. Bankruptcy – this court order declares that you cannot pay your debts and protects you from enforcement action by your creditors. At the end of your bankruptcy (usually a year) your debts will be discharged and you can make a fresh start. Your DLA will not normally be taken, although they will consider your “reasonable domestic needs” and if your household income exceeds that, you may have to pay a small sum into the bankruptcy for up to three years. Debt Relief Order – this gives people with debts of less than £15,000, assets of less than £300 and surplus income of less than £50 per month, relief from paying debts, which are discharged after one year. The scheme should go live in April. You probably have too much surplus income for this, but this may change after a re-assessment by a debt adviser. It is highly likely that one of these options will be better than your current arrangement.

The Experts

Answering questions on Relationships is Simon Parritt, a counselling psychologist who has studied psychosexual therapy. Simon was the only disabled director of the former Association to Aid the Sexual and Personal Relationships of People with a Disability (SPOD). We have two Legal experts on our panel. Eleanor Williams is an employment lawyer specialising in discrimination at Darwin Gray solicitors. Disabled herself, Eleanor lectures widely and holds a number of advisory positions. Douglas Joy is the senior solicitor at the Disability Law Service and is blind. He started working in community care and mental health law in 2002. Other Benefits and Debt questions are answered by Gary Martin, who is welfare benefits supervisor at Walthamstow Citizens Advice Bureau. Our Equipment guru is John Mandrak, who is blind and has worked for nearly 25 years as a disability journalist and consultant. He is an advisor on the Disabled Living Foundation’s helpline. Answering questions on Travel is Andy Wright, who is disabled and is managing director of Accessible Travel, a specialist tour operator providing holidays for people with mobility impairments. Our Finance expert is David Clarke, who is blind, has spent 14 years in banking and has worked for three leading financial service providers. He is now a senior partner with Clydesdale Bank. Kate Sheehan answers your questions on Property. She is an independent occupational therapist with 20 years’ experience and a passionate interest in housing. Motoring questions are dealt with by Ed Passant, chief executive of the Forum of Mobility Centres, the umbrella body for 17 independent organisations which provide driver and passenger assessment for disabled people.