Attendance Allowance (AA)
The lower rate of AA for April 2012 to March 2013 is paid at £51.85 a week.
The higher rate of AA for April 2012 to March 2013 is paid at £77.45 a week.
Who qualifies for AA?
To qualify for AA you must:
- satisfy one or more of the day-time or night time tests (see below), or have a terminal illness. Special rules also apply for some patients undergoing renal dialysis – in this instance, seek further advice from the Carers UK Adviceline or the Benefit Enquiry Line, and
- have satisfied a day-time or night-time test for at least 6 months (unless you have a terminal illness), and
- be aged 65 or over, and
- have no immigration conditions attached to your stay in the UK (subject to some exceptions), and
- satisfy the residence and presence tests.
From 8 April 2013 to satisfy the residence and presence tests you must:
- have been present in Great Britain for 104 weeks out of the 156 weeks before claiming (2 out of the last 3 years), and
- be habitually resident.
Under current benefit rules ‘present’ means physically present in the UK. There are specific rules that may allow you to be treated as present during a temporary absence.
Some people can be treated as having been in the UK whilst abroad, eg service personnel and some people from European Economic Area states.
If you are terminally ill you only have to be present in the UK, you do not need to have been present in Great Britain for 104 weeks out of the 156 weeks before claiming.
The habitual residence test is a test to see if you normally live in the United Kingdom, the Channel Islands, the Republic of Ireland or the Isle of Man. The test will be applied if you have been living abroad. There is no legal definition of ‘habitual residence’. Relevant factors are where you normally live, where you expect to live in future, your reasons for coming to this country, the length of time spent abroad before you came here,
and any ties you still have with the country where you have come from.
If you need more information about the habitual residence test contact the Carers UK Adviceline
The daytime and night-time tests
The daytime and night-time tests for AA are the same as for the middle and highest rates of the care component of DLA. If you satisfy a day-time or a night-time test you get the lower rate of AA. If you satisfy a daytime and a night-time test, you get the higher rate of AA. Alternatively, you will get the higher rate if you are terminally ill. A terminal illness is one that may result in death in the next six months.