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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 v 15) Best wishes, Margaret.
  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 third party authority from your friend to act on his behalf. Best wishes, Margaret.
  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/collections/decision-makers-guide-staff-guide Margaret.
  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 Jobcentreplus. Routine reassessment for employment n support allowance credits (helped by 'the encyclopedia of medical evidence') finds you have limited capability for work related activity (support group). Assuming your circumstances remain unchanged since your payments stopped cos of the three hundred and sixty-five days rule, payments of employment n support with the support component should start from the date of the Jobcentreplus decision. In this scenario, your tribunal panel would decide whether you were entitled to employment n support, with the support component, for the intervening days. Less said about the health assessment advisory service and Maximus multiple identities the better. Should you recognise the assessor; https://www.whatdotheyknow.com/request/hcp_conduct_with_regards_to_dwp#incoming-403558 Best wishes, Margaret.
  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, supervision for safety, and help with personal paperwork and eating/drinking if required. If your Mum goes into a care home and her place is fully funded by herself with or without help from family/friends, Disability and Carers will continue to pay her attendance allowance. But not carers cos the home will be doing the thirty-five hours a week of caring. Any partial funding from a local authority and attendance allowance will be suspended after twenty-eight days. But subject to time limits and ownership/occupation of a family home by a partner, can be resumed if she spends a 'holiday' or weekends at home. Best wishes, Margaret.
  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, and your 'signed for' delivery paperwork. Not quite what speedfreek had in mind but proof that Jobcentreplus received and lost some paperwork should be good cause for backdating the claim if it's paid. Please come back if you've further specific questions cos I'm happy to try and answer them. But I don't want to further clutter this thread with detail that may not be relevant to your situation. Best wishes, Margaret.
  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 negative determination by Jobcentreplus or a tribunal. As rapt0r's now submitted a repeat claim six months after the original determination by a decision maker, guess we may find out whether there was any mileage in waiting. Margaret.
  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. The correct procedure is to reclaim now with as much evidence as you can muster from wherever you can get it. Whilst it's obvious that medical evidence will be most persuasive, Jobcentreplus have agreed to accept evidence from carers, support workers, etcetera. Oh, and claim on an ESA1 form, it'll save another argument with the call centre. You may receive an ESA83 form asking for further evidence. A fit for work decision is treated as prima facia evidence of eligibility for jobseekers so long as you can demonstrate a reasonable prospect of finding some work you can do. But since 30 March claimants can forget about the six months bit before payment for a repeat claim for an unchanged condition. Here's the guidance that's circulated to decision makers; https://www.gov.uk/government/publications/decision-makers-guide-memos-staff-guide (You need DMG memo 10/15) Should you be forced to claim jobseekers to secure an income, DMG memo 9/15 may be of interest as well. Best wishes, Margaret.
  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, if you stray too far from access to a loo, you risk loss of control sufficient to require cleaning and a change of clothing. Here's the guidance that's given to the assessors; https://www.gov.uk/government/publications/work-capability-assessment-handbook-for-healthcare-professionals (Pages 35 - 36 and 105 - 107) Currently (the outgoing government were probably thinking of it) there's no regulation that requires claimants of employment n support allowance to seek or accept medical intervention. If you've a justifiable reason for not doing so (for example, loperamide can aggravate respiratory problems) it shouldn't count against you. But whilst I advised you against waiting for medical evidence to submit your appeal, Jobcentreplus do need to know why you disagree with their determination. Best wishes, Margaret.
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