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**Margaret**

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Everything posted by **Margaret**

  1. **Margaret**
    : 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. **Margaret**
    :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. **Margaret**
    :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. **Margaret**
    :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. **Margaret**
    :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. **Margaret**
    :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. **Margaret**
    :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. **Margaret**
    :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. **Margaret**
    :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. **Margaret**
    :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. **Margaret**
    :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. **Margaret**
    :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. **Margaret**
    :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. **Margaret**
    :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. **Margaret**
    :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.
  16. **Margaret**
    :Peepo: A combination of the Welfare Reform Act 2012 and improved links between Government computers allows Government departments to recover money owed to them via a 'direct earnings attachment', without going to court. Although £1.00 per week, or month, is common for other debts ( catalogue accounts, credit cards, etcetera) it doesn't work for Government debts. And almost certainly wasn't agreed to by Work n Pensions who can recover debt at any time, even from benefits. Here's a Government publication. It's aimed at employers, but is also useful for employees such as yourself. Among other info, it explains priority orders (but not priority debts such as mortgage/rent, council tax, etcetera) how the amount of an attachment order is calculated and the procedure for an employee who disagrees. https://www.gov.uk/government/publications/direct-earnings-attachments-an-employers-guide 'They' are DWP Debt Management. Like another contributor to this thread, and to protect your mental health, I think you should seek advice from a debt charity. Sincerely, Margaret.
  17. **Margaret**
    :trev1865: Unfortunately dignity goes out the window during work capability assessments and the subsequent tribunals. There are points for incontinence, but the episodes have to be pretty severe. Or the claimant has to be at risk of an episode for the majority of the time. Here's what the assessors are told to consider; https://www.gov.uk/government/publications/work-capability-assessment-handbook-for-healthcare-professionals (Pages 105 - 107) Margaret.
  18. **Margaret**
    :Pritti: It means that training for some work coaches (new job title for advisers) is woefully inadequate and she was out of her depth, during both interviews. Also, some disability advisers have little understanding of the technicalities of employment n support cos it's not part of their job. Now, please come out from under the duvet. And if you're able to give us the exact date of your conversion award we'll be able to outline your options for what to write in the letter. A personal independence payment isn't an alternative to ESA. They're different benefits for different purposes. Here's some info; http://www.disabilityrightsuk.org/personal-independence-payment-pip And just for good measure, as it seems to have been missed; http://www.disabilityrightsuk.org/work-people-living-disability-or-health-conditions Best wishes, Margaret.
  19. **Margaret**
    :trev1865, this has been such a stressful time for you n your wife. Part of the problem is that the outgoing Government preferred appellants to stay on jobseekers (to be closer to the jobs market) rather than pay assessment rate employment n support pending appeal. Absolutely crackers! Doesn't save the taxpayer a bean!! Flipping between benefits gives Jobcentreplus extra admin costs. Now, I don't know (or want to know) which area of the country you live in, but in some areas the horrendous waits for a tribunal hearing have lessened considerably. Consequently, your wife needs to get her case for tribunal prepared sooner rather than later. CAG has an excellent guide, which has been used successfully by several of our members, to prepare a written submission of evidence for the tribunal panel; http://www.consumeractiongroup.co.uk/forum/showthread.php?251737-Appealing-or-going-to-a-Tribunal-Some-useful-information Doctors are told it's not their job to police the benefit system but there may be something in your wife's medical records to cast doubt on the ESA85. Via subject access, a tenner gets you everything that's on the computer. Do you, or someone else, have to give your wife extra help cos of tasks she can't manage? For example, she needs a chaperone when she visits the doctor, or anywhere else, cos she can't walk unaided to the bus stop or has trouble following conversations cos of concentration/memory issues? A statement from a carer may help. Best wishes, Margaret.
  20. **Margaret**
    :alexmcc1: Can a doctor backdate a fit note? As explained on page 19 of the above link, a doctor can backdate when a fit note is to run from but can't backdate (or postdate) the date of signing. Margaret.
  21. **Margaret**
    : postmn: The Care Act 2014, which came partially into force from 1 April 15 makes it clear that couples/partners must be assessed on their individual needs and individual finances. A wife's savings can't be used to finance her husband's care. Joint assets should be divided. http://www.ageuk.org.uk/publications/age-uk-information-guides-and-factsheets You need factsheet FS46: Paying for care and support at home. Margaret.
  22. **Margaret**
    :Shelley181146: Oh no, probably the last thing any of us wants to go pear-shaped is saying goodbye to a loved one. You've got two links which may help you with where to start. If you feel able to specify particular mishaps, we may be able to advise further. In the meantime, condolences on your loss and a from CAG, Margaret.
  23. **Margaret**
    : (Unfit) notes: For clarification, here's the guidance to general practitioners; https://www.gov.uk/government/publications/fit-note-guidance-for-gps Page 10 is an example of a fit note. Page 19 explains when an (unfit) note can be backdated. And that it can't be postdated, although in some circumstances, one can be issued for an indefinite period from the date of signing. Claimants of employment n support allowance can ask for their claim to be backdated for up to three months without giving a reason for the delayed claim. But they should give a date from which they believe they were entitled to ESA and why. Margaret.
  24. **Margaret**
    :asdanemma: , Margaret.
  25. **Margaret**
    :asdanemma: Right, this is how permitted work, whilst in receipt of employment n support usually goes; Claim for employment n support on gounds of limited cpability for work. If the claimant's eligible for an award, Jobcentreplus treat claimant as having limited capability for work and pay assessment rate ESA pending an assessment of the claimant's functional limitations. Current rate is £72.40, or less for under 25s. Might be less if it's a contributions only claim without enough paid or credited contributions. Also, for an income related claim, if there's other income/savings. Start permitted work. Currently, you're allowed to earn up to £104 per week after deductions for national insurance and tax. More than that will terminate your ESA. ( Sorry, I've no idea how the calculator got to £30 per week.) A recommendation for part time hours doesn't really fit your situation. Gives Health n Disability Assessments too many ideas. A factsheet which may help; http://www.disabilityrightsuk.org/work-people-living-disability-or-health-conditions Best wishes, Margaret.

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