Me and Various Benefits

[antone]

Meant to add, one exemption I'd like to see is for other household members who are over state pension age. That's not currently in the law, though, to the best of my knowledge. It should be. I mean, even a relatively healthy 80 year old (for example) might struggle to care for someone who is disabled.

[confusedbunny]

The SDP is not an "own merits" issue, although some things in benefits are. The required form (IS10) doesn't actually get submitted to a Decision Maker; regular processors will deal with it because there's no decision to be made. But yes, people in the claimant's household are expected to care for the claimant from an SDP point of view. It comes down to how "household" is defined. Obviously lodgers, joint tenants and so on are not counted as part of the household. Some people, such as children under 18 or those registered blind, are normally part of a household for benefit purposes but are exempted.

 

With regard to other household members who are disabled, they are exempted. But the law defines "disabled" as "in receipt of one of several benefits paid to assist with disability." I do agree that not everyone who is disabled claims everything they might be entitled to, yes - claiming is a whole lot of hassle in many cases.

 

Thank you, my thoughts exactly. That's why I was getting confused because there is assumptions with the DWP that are not correct in every household.

[antone]

Thank you, my thoughts exactly. That's why I was getting confused because there is assumptions with the DWP that are not correct in every household.

 

To be fair, the assumptions in this case are made by Parliament, not the DWP. But in the end, there needs to be some definition of whether or not a person is disabled and therefore exempted, and there simply aren't the resources to intelligently assess every case of everything on its merits. Some bright lines get drawn.

[thegingerone]

Does the mother care for her son at all? if she does care at least 35hrs and this can include cooking etc, then whats stopping her claiming CA.

It would not get awarded because of the pension but she would get the carers premium if she is on pension credit

This extra money would make up some of the household shortfall of not being entitled to the SDP

may be worth thinking about

[confusedbunny]

Dear Caggers,

 

 

My ESA is due for review, will I be switched to universal credit (if awarded) or is this going to happen until 2016/17?

 

 

Does universal credit include combining my DLA, or is this kept separate?

[abc123def]

The UC info and timetable for roll out is here

[**Margaret**]

:confusedbunny:

 

Very unlikely a claimant of employment n support will be asked to switch to universal credit any time soon. Government are having serious technology problems coping with anyone who's not a jobseeker without children.

 

Disability living isn't being subsumed into universal credit, which is a combination of six income dependent legacy benefits. However when your current award of disability living ends you may be invited to claim a personal independence payment instead.

 

http://www.disabilityrightsuk.org/personal-independence-payment-pip

 

Margaret.

Edited January 16, 2014 by **Margaret**

[**Margaret**]

:Universal Chaos:

 

And here's the current postcode areas where Government are trying to get universal credit up n running for jobseekers;

 

https://www.gov.uk/universal-credit/eligibility

Margaret.

[confusedbunny]

Thanks, that's great!

[confusedbunny]

Dear Caggers,

 

 

I need some advice on behalf of a friend........Here is his situation:

 

 

After a major stroke in 2012 he was awarded the following:

 

 

ESA (support group) including enhanced disability premium-For 5 years

DLA-High mobility and high care components-For 2 years

 

 

Upon expiry of his DLA he reapplied again. His application was refused and advised that he would need to apply for PIP and was sent the appropriate forms. Before he completes this, he has a few queries:

 

 

1. Is applying for PIP form compulsory? (as he still needs to have some kind of benefit financial support)

 

 

2. If its not compulsory and he does not reply, will he just continue to receive the remainder of his ESA award for the next 2.5 years?(obviously, without having any DLA)

 

 

3. If it is compulsory and he is unsuccessful in his PIP claim, will his remainder award of ESA of 2.5 years still remain or will it be affected ) i.e. will he be put on JSA?

 

 

4.If his application for PIP is awarded, will a new award period will be given? (and the old ESA remainder period be removed)

 

 

5.As he re-applied for DLA and was advised to convert to PIP, if he is awarded the disability component within PIP will he be entitled to any back dated money?

 

 

6. Am I confused in thinking that PIP is one overall benefit (like DLA/ESA combined) and he would not be awarded PIP and still get to keep his ESA award?

 

 

Any advice/guidance is always appreciated.....Thank you

[id6052]

it is not compulsory, but if his circumstances have remained similar (or deteriorated) since he was awarded DLA, it would be in his interest to apply for PIP

 

Deciding not to apply for PIP should not affect ESA, unless he is receiving the Severe Disability Premium (which he would lose when his DLA award ends)

 

If he reapplies and PIP is awarded, it will have an award period - this should not affect ESA award period (although if his condition has improved, the DWP may decide to carry out early review of ESA)

 

Sorry cant answer backdating question, but would advise that if he intends to apply for PIP, he should do so at earliest opportunity

[wanton]

it is not compulsory, but if his circumstances have remained similar (or deteriorated) since he was awarded DLA, it would be in his interest to apply for PIP

 

Deciding not to apply for PIP should not affect ESA, unless he is receiving the Severe Disability Premium (which he would lose when his DLA award ends)

 

If he reapplies and PIP is awarded, it will have an award period - this should not affect ESA award period (although if his condition has improved, the DWP may decide to carry out early review of ESA)

 

Sorry cant answer backdating question, but would advise that if he intends to apply for PIP, he should do so at earliest opportunity

 

 

As for if he is refused PIP, because the face to face assessment may have raised some issues that indirectly/directly relate to the ESA award, it is entirely possible that the DWP may well instigate a review of the ESA award using the PIP assessment report as possible evidence that there has been a change of circumstances in his ability to carry out some work based descriptors.

[confusedbunny]

The SDP component is still being paid within his ESA payments despite his DLA award expiring two months ago. Will they randomly stop this at some point then if he fails to apply for PIP?

[id6052]

Has he told ESA he is no longer receiving DLA?

[confusedbunny]

No, he assumed records were linked and esa dept would be aware of the expiry of the dla.

[confusedbunny]

If he applies for PIP, is he guaranteed to be called in for an interview or do they sometimes just make a decision based on medical evidence submitted

 

As he hasnt informed ESA that his DLA has expired, will the enhanced disability component be randomly stopped then? Or do you not have to get DLA or PIP in order to keep this component with his ESA for the remainder 2.5 years.

[id6052]

enhanced disability premium is awarded based upon being in support group of ESA - so not affected by DLA ending

 

severe disability premium is awarded based upon being in receipt of DLA/PIP - so is affected by DLA ending

[confusedbunny]

Update: Basically my friend decided to not proceed with the PIP and let the expiration date pass to apply for it.....however, a few days ago (3 weeks after expiry) atos send a letter saying they are "processing" his application (based upon the original DLA form he sent in) and will be in touch.......anybody have any idea whats going on here? I thought DLA was abolished. Letter heading "PIP your claim has been referred to atos healthcare"......only evidence/application they have is the DLA form that they said arrived too late and that he had to apply for PIP. Now this! Confused

[confusedbunny]

Dear Caggers,

 

 

My ESA award expired over six months ago, I have not heard from DWP and still receive my regular ESA fortnightly payments, any idea why they haven't contacted me?

 

 

I hear of people with substantial over payments to pay back to the DWP, does this look like I will be one of them if I am not award ESA or JSA once they contact me?

[Mr.P]

Are (were) you on contributions based or income related ESA ?

[id6052]

it sounds like they are trying to be "helpful" by treating DLA claim as a PIP claim - not sure if they can do that

 

if he does not want to claim PIP - i think he should tell them

[id6052]

what do you mean by "expired"?

[confusedbunny]

Its income related. I was awarded it for two years, with an "end date" back in May 2014. Does it not automatically end then?

[confusedbunny]

We were just slightly confused as to why they decided to take it upon themselves to continue processing it under the PIP process despite informing the claimant that he had a deadline to submit an application

[neword]

Everyone on DLA will eventually convert to PIP over a period of time.

 

If his condition has not changed significantly then he should make a claim for PIP.

What's the worst that can happen if he tries for PIP... they just say he does not qualify for it.

The problem with PIP at the moment is the sheer time scale it takes to get it. Oh and I should

say that some of the assessors are rubbish as well. My wife had Capita and they were great for us.

 

Heard somewhere that just getting an assessment can now take longer than 26 weeks and

some claims are now taking over 15 months to complete.

 

Some people are automatically being re-assessed for PIP when their DLA is coming to an end. This

is probably what has happened in your friend's case.