Working When You Have Sickle Cell

Any information on this page regarding employment law relates to employment in England and Wales only.

Contents

• Declaring your condition.
• Incapacity Benefits.
• Tax Credits 
• Child Tax Credit.
• Employment Scheme.
• Disability Discrimination Act.
• Further Information.

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Declaring your Condition

This can be one of the toughest questions to answer. Although there is no law which says that you must tell your employer if you're disabled, telling the employer 'up front' about your disability means there is nothing to bring out later - so both of you know where you stand.

However, the final decision is yours, but first consider these points:

• If your are asked directly about whether you have a disability, answer the question in a straightforward way. It may help to explain how you disability would affect your work situation - or to say that it would have no practical effect, if this is so.

• There is no need to go into medical explanation. Set out your abilities and why you are the right person for the job.

• If an accident could be caused at work because of your disability, it would be best to tell your employer that you have a disability - otherwise you could be held legally responsible.

• If you do not declare your disability initially and your employer later finds out, it could make them concerned about trusting you in your job.

• If you don't mention your disability until after you are appointed and are later dismissed for reasons relating to your disability, you may lose some legal rights relating to unfair dismissal.

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Incapacity Benefit (IB)

IB is paid to people who cannot work due to illness or disability and who have paid enough National Insurance contributions (although certain people under 20, or 25, may qualify without needing to satisfy the National Insurance contributions). If you get an occupational, personal or public service pension your Incapacity Benefit may be reduced, but any other income or savings will not affect your benefit.

There are two tests for incapacity: the ‘Own Occupation Test’, which looks at your ability to do your usual work and the ‘Personal Capability Assessment’, which assesses your ability to do any work. For the first 28 weeks (if you have been working recently) you will have to pass the Own Occupation Test, based on medical certificates provided by your doctor (occasionally a medical examination by a DWP doctor may be necessary). After that, or if you have not been working recently, you will have to pass the Personal Capability Assessment.

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Tax Credits

 

Tax Credits provide financial help to you if you have dependent children or are in work but on a low income. You must be over age 16 to claim. The help for children is called Child Tax Credit (CTC) and the help for those in work is called Working Tax Credit (WTC). The Inland Revenue has responsibility for administering Tax Credits.

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Child Tax Credit (CTC)

 

You can get CTC if you or your partner has dependent children and you have a low enough income. In most cases it is worth claiming because 9 out of 10 families will be able to get it. Your child is considered dependent until the 1st September following their 16th birthday. After that date you can still get CTC for a young person up to the age of 19 if they continue in full-time non-advanced education. You do not have to be working to get CTC.

 

CTC is made up of several ‘elements’, to suit the different circumstances of families, including a family element, family element baby addition, a child element and a disabled child element.  To claim, contact the Inland Revenue (see below).

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Employment Schemes

Working Tax Credit (WTC)

 

If you are working for 16 or more hours a week you may be able to get WTC. 

 

WTC is also made up of elements to suit different circumstances. They consist of a basic element, a couples element, a lone parent element, childcare element and a disability element or a severe disability element for each person eligible.  There are also elements for those who work 30 or more hours per week or are aged 50 or over.  To claim, contact the Inland Revenue (see below).

Income Support

 

Income Support is the main means tested benefit for those who do not have to 'sign on' as available for and actively seeking work.  Income support can be paid on top of your existing benefits (such as incapacity benefit) or top up a low income.

 

The amount of income support that you get depends on whether you are single or have a partner.  You can also get money to help with certain housing costs such as mortgage payments.

 

Contact your local social security or Jobcentre Plus office or the Benefits Enquiry Line (see details below).

Pension Credit

 

If you are aged 60 or over you may be able to get ‘guarantee credit’, which is similar to income support.  If you are aged 65 or over you may be able to get ‘savings credit’.  Both the guarantee and savings credits have more generous rules on savings and capital than income support.  If you own your home, the guarantee credit can enable you to get help with mortgage costs.

 

Contact your local social security or Jobcentre Plus office or the Benefits Enquiry Line (see details below).

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Housing Benefit

 

Housing Benefit is help with rent and some other housing costs (not mortgage costs) for those on low income. It is worked out in a similar way to income support but means that if your income is low but above income support levels you may be still be able to get housing benefit.

 

Contact your local authority for more information.

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Council Tax Benefit 

 

If your income is low, this helps you to pay your council tax whether you rent or own the property you live in.

 

Contact your local authority for more information.

 

Health Benefits

 

If you receive income support, income-based Jobseeker’s Allowance or the guarantee credit of Pension Credit you will automatically qualify for help with prescription charges, hospital travel costs, dental treatment and glasses.

 

If you receive WTC or CTC you may get assistance with the above medical costs, depending on how your tax credit has been worked out.  You may also claim help on the grounds of low income by filling in form HC1 (see below).

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Disability Discrimination Act

The Disability Discrimination Act brings in new laws and measures aimed at ending the discrimination which many disabled people face. The Act gives disabled people new rights in the areas of:

Employment

It will be against the law for an employer to treat a disabled person less favourably than someone else because of their disability, unless there is a good reason. This also applies to all employment matters including recruitment, training, promotion and dismissal.

Exemptions
The employment part of the act does not apply to employers who employ fewer than 20 people. However, they will be encouraged to follow good practice guidelines.

Complaints
Disabled people who feel that an employer had discriminated against them will be able to complain to an Industrial Tribunal. They can ask ACAS (The Advisory, Conciliation and Arbitration Service) to help them. This means that the complaint can be settled without an Industrial Tribunal hearing.

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For further information contact: