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**Margaret**

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**Margaret** last won the day on September 29 2014

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About **Margaret**

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  1. : pin62: Employment n support allowance will be replaced by state retirement pension, and if necessary, pension credit. For now you can stay in receipt of disability living if your care needs don't change. Any change and dependent on where you live, you may be invited to claim a personal independence payment. Which will happen sooner or later anyway cos you didn't turn 65 before April 2013. DLA or PIP, your wife can continue to claim carers until she reaches her state pension age. Margaret.
  2. :odds: And all without the possibility of very personal questions at an oral hearing. Whether you've any arrears to come will depend on your rate of incapacity benefit immediately prior to reassessment. Something called transitional protection means you'll be paid the higher of the two rates between employment n support with the support component or your final rate of incapacity benefit. Margaret.
  3. :ukquest: Yes, the number of work focused interviews varies from claimant to claimant at the discretion of the work coach. The purpose of work focused interviews is to create or follow up an action plan to help you prepare for work. After that, dependent on your circumstances and the recommended interval before reassessment of your claim, you may be mandated to the Work Programme or work related activity via the Jobcentre. Here's the crib sheet used by the work coaches; https://www.whatdotheyknow.com/request/support_for_claimants_with_healt#incoming-593191 (You need 04 NJWFI
  4. :bcham: Everything you didn't want to know about Sector based work academies; https://www.gov.uk/government/publications/sector-based-work-academies-employer-guide As a work coach recently said to me (with ) 'we have to be seen to be doing something. Even if the claimant's only months from claiming state retirement pension'!! Margaret.
  5. :SabreSheep: Your prediction of a riot may well come to pass. At the very least, there'll be lots of faff and fluster while the work coach goes to seek guidance from on high. Here's some more ammunition; https://www.whatdotheyknow.com/request/accompanied_at_the_job_centre#incoming-632922 (You need the fourth attachment) Personally, I wouldn't bother with a formal complaint over this cos you don't need the stress. Complaints to Jobcentreplus are hard work for little, if any, reward. However if you want to complain; as your friend's representative, you'll need written
  6. :Galahad: Presume you were over 65, and already in receipt of disability living allowance, on 8 April 2013. If so, nothing will change. You'll continue to be paid disability living allowance for as long as you meet the eligibility criteria. Margaret.
  7. :Clarification: Just to be clear, it was work capability assessments (part of the claims process for employment n support allowance) that Atos pulled out of. Despite that ongoing fiasco, Atos retain several Government contracts. Including, in some parts of Britain, contracts to assess eligibility for a personal independence payment. Margaret.
  8. :Clarification: Currently 'Advice for Decision Making' (linked to in #1) is only used to decide claims for; A personal independence payment. Single claimants who are fit for work, don't have children, and live in a Jobcentre area where they can claim universal credit instead income based jobseekers allowance. And additionally, a few Jobcentres administer joint claims for universal credit and claims which involve children, if the claimants are fit for work. For now, everyone else still has to decipher the 'Decision Makers Guide'. https://www.gov.uk/government/col
  9. :champerington: Before we can suggest any sensible financial advice, we need to know, if you feel able to tell us, whether you're working or already on an income replacement benefit; jobseekers or income support? If you normally work, and your earnings are high enough, you may be entitled to statutory sick pay. If not, the correct benefit to claim is employment n support allowance. Best wishes for your recovery, Margaret.
  10. :Bazooka Boo: No way a repeat assessment for credits towards your state retirement pension will get Jobcentreplus out of paying arrears if the tribunal panel uphold your appeal, unless they challenge the judgement. Two possible scenarios; Routine reassessment for employment n support allowance credits finds you continue to have limited capability for work and entitlement to credits, towards your state retirement pension, continues unchanged. If your appeal's upheld you'll be awarded employment n support with the support component for the dates between the two decisions by Jobce
  11. :Janie1962: So we've narrowed down 'assisted living' (which covers loads of different schemes) to local authority run accommodation. Next question is; retirement/sheltered housing or a residential care home? Retirement/sheltered housing will probably have the services of a warden or a supported living officer, and if it's purpose built may include a communal lounge and laundry facilities. Paid for by an addition to the rent, but doesn't affect attendance allowance. A care home will offer accommodation, clean laundry, meals. And personal care; help with bathing, dressing, sup
  12. :rapt0r: Well you won't have done yourself any harm by getting them to accept a new claim. That's half the battle at the moment. Unfortunately, from my interpretation of the legislation that applies from 30 March 15 (did you read the link in #12?) you won't be treated as having limited capability for work, or paid assessment rate, unless or until a decision maker considers there's a realistic prospect of a different outcome decision this time. In due course you should receive a statement of your claim. Return a copy of it to Jobcentreplus, with copies of the neurosurgeon's letter, a
  13. :speedfreek: Yes I know it's possible to have more than one claim on the go but, as rapt0r didn't submit one at the time, I didn't want to further complicate an already poorly understood bit of legislation. Understand where you're coming from cos as I remember it, you've benefited from the previous legislation that allowed endless looping round the system. Coincidentally I discussed this mess with a friend yesterday. If we've interpreted the amended legislation correctly it affects repeat claims made on or after 30 March 15 for the same condition , whatever the date of a previous n
  14. :rapt0r: Although it suits them not to, I wish Jobcentreplus would improve their training. The changes from 30 March are horribly complicated and some of the call handlers seem to be economical with the truth. Declared or not, your worsened condition wouldn't have affected the outcome of your appeal. But after it was dismissed, you were and are entitled to make a new claim if your condition's deteriorated or you've a new condition. But it won't be paid, even at assessment rate, until a decision maker's satisfied there's enough evidence to consider limited capability for work.
  15. :odds: The very harsh continence descriptor for the support component of employment n support reads; 'At least once a week experiences, loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder ...... sufficient to require the individual to clean themselves and change clothing.' The 15 points for this activity ('at least once a month experiences loss of control ......') won't help you cos it's already been accepted you've limited capability for work. The lesser descriptor, that you've been awarded, means that; for more time than not, i
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