The relationship between housing and HIV
NAT has done research into the relationship between HIV and housing, looking at how poor quality housing can have a significant impact on the health of someone living with HIV. You can read Housing and HIV here.
This research recommended that guidance be produced for housing officers assessing housing and homelessness applications, so that they understand the impact that HIV has on housing needs. NAT have worked in partnership with Shelter to produce this guidance. The guide particularly focuses on issues around treatment adherence and the fluctuating nature of HIV.
It could be helpful to take this guidance with you when going to your local authority or housing association. You can download a copy of the housing guidance here.
Entitlement of asylum seekers to housing from Social Services
The House of Lords decision in M v Slough Borough Council has changed the rules of entitlement of asylum seekers to housing from Social Services. A significant number of HIV-positive asylum seekers who have been receiving accommodation and support from Local Authorities under Section 21 of the National Assistance Act 1948 will be affected by this ruling.
NAT and Hackney Community Law Centre have produced a briefing for those working with HIV-positive asylum seekers to explain the impact of the ruling and provide guidance on how best to help affected clients.
You can download our advice for asylum seekers in receipt of section 21 support here.
Disability Living Allowance: Changes to the Special Rules
You may be aware of the review underway which affects people living with HIV who receive a Disability Living Allowance. The Special Rules provision of the Disability Living Allowance (DLA) apply to individuals who have been diagnosed with a terminal illness and are reasonably expected to die within six months. Applications are fast tracked to the highest care component, rather than having to wait the usual qualifying period of three months for DLA.
The Disability and Carers Service (DCS) has decided to review all cases where an individual has been on DLA for more than three years. This comes after a change to the Special Rules provision in 2006 which set a three year limit on the payments. DCS started their review in November 2007. Initially the review only looked at people aged under 55 but it has was rolled out to people up to the age of 85. NAT actively opposed the extension of the review to this age group. This phase is now complete, but in a second phase people who have been on DLA for less than three years are now subject to the review.
In the past people diagnosed with HIV were considered to be terminally ill and were included under the Special Rules provision. However, given the increase in successful treatment, people living with HIV can usually expect to live for many years. Given increased life expectancy, it is expected that many HIV positive people who are on the highest rate of DLA will have their claims reviewed. The review looks at an individual's up-to-date medical condition and information from their medical advisors.
Those who are reviewed and found not to qualify for the Special Rules provision may lose the high rate care component of their DLA. People will still be able to get DLA as long as they can show they qualify under the normal rules. A drop in DLA may also mean changes to the amount of income support and housing/council tax benefits received, but all other benefits, such as Incapacity Benefit, should remain the same.
No one will have to pay back any money they received whilst included in the Special Rules provision. Individuals will also be given the opportunity to appeal the decision.
For more information on what to do if you receive DLA and are included in this review call THT Direct on 0845 1221 200 or visit your local citizens Advice Bureau (CAB). You can find out where your nearest CAB is here.
Changes to Incapacity Benefit
There are changes to the benefits system for people living with HIV who are unable to work. In the past, people who were unable to work could apply for Incapacity Benefit. For new claimants, Incapacity Benefit has been replaced by Employment and Support Allowance. For claimants already on Incapacity Benefit, the Government plans to move people on to the new Employment and Support Allowance between 2010 and 2013. At the moment, the Department of Work and Pensions has not published details about this transition from Incapacity Benefit to Employment and Support Allowance but NAT are monitoring this and will provide further information when this is available.
Several disability organisations have raised concerns about Employment Support Allowance, particularly the process people go through to see if they are eligible for the new benefit – the Work Capability Assessment. The Citizen’s Advice Bureau has published a report on the Work Capability Assessment, Not Working.
NAT wanted to look at the impact of the Work Capability Assessment on people living with HIV. We are working with HIV service providers George House Trust, Positive East and THT Brighton to look at how the Assessment is considering the needs of people living with HIV. This review will continue until June. If you would to find out more about this project please contact policyandcampaigns@nat.org.uk.