Qualify for benefits?

[caro]

A family member, who is employed, was diagnosed with a brain tumour in November which fortunately turned out to be benign. Although he had a successful operation there have been complications and he needs another op urgently and will be in hospital for a few weeks. He's unlikely to work this year.

 

His union are fighting to get the sick pay he expected, but at some point, sooner or later, he'll just be on SSP. His wife is on DLA and his stepson, who works full time lives with them, although he's at his gf's quite often.

 

The couple are concerned how they'll manage the mortgage once he's on SSP. Might he qualify for DLA or any other benefits?

[Nystagmite]

DLA doesn't exist for new claims. It's now PIP. Does his wife work?

[caro]

No. I believe she's on DLA. She's not been able to work for years.

 

Heard today that he had an operation last night and will be in hospital for 3 to 5 weeks.

[Nystagmite]

I do apologise for these questions. But we do need more information:

- savings under 6K / over 16K?

- children under 16 / 18 in full time education?

 

You mention his wife receives DLA. Does she receive an out of work benefit, such as ESA because she can't work?

 

If he's just entitled to SSP and she receives nothing apart from DLA, then I do believe they can claim income support. This would entitle them to support for mortgage interest after 13 weeks.

 

Has his eife talked to the mortgage company about taking a repayment holiday? And have they applied for council tax benefit?

[caro]

No need to apologise Nys. No saving and on children in full time education. Just his stepson who works full time. I don't know about the ESA but talking to him the other day he didn't seem to be terribly conversant with benefits and I suspect not. I'm sure he wouldn't get mortgage interest on much of his mortgage as much of it has been borrowed since he bought the house, but there has been mention of contacting the mortgage co. Are they likely to get council tax benefit with the stepson living there? I'm afraid I can't answer everything as he's very proud and doesn't easily accept help, and I think his wife would struggle. At the moment it all seems to be landing on the stepson's shoulders and he's very young to have to cope with all this, not to mention his job and everything in his own life. I don't think he's just on SSP at the moment but I just thought I'd try and get some informations because he admits he doesn't know where to start, but is worried about losing the house.

[caro]

Moving on, the second op is likely to add at least 3 months to recovery. Following an infection part of the skull had to be removed and a metal plate will replace it in time. In the meantime he needs to protect that area of his brain.

 

I have now been asked to look into possible benefits. So here goes.

 

Is PIP an option if it's not a permanent disability (hopefully)?

 

Does that include any mobility element as he can't drive now and his wife doesn't either?

 

Could carers allowance be a possibility?

 

Any other income based benefits?

 

Any advice would be most welcome.

[antone]

Moving on, the second op is likely to add at least 3 months to recovery. Following an infection part of the skull had to be removed and a metal plate will replace it in time. In the meantime he needs to protect that area of his brain.

 

I have now been asked to look into possible benefits. So here goes.

 

Is PIP an option if it's not a permanent disability (hopefully)?

 

Does that include any mobility element as he can't drive now and his wife doesn't either?

 

Could carers allowance be a possibility?

 

Any other income based benefits?

 

Any advice would be most welcome.

 

In order:

 

1) Yes, PIP can be awarded for a disability that is not expected to be permanent. I'm not sure how long the disability needs to last to qualify, but I'm sure someone here does. I have this figure of three months floating around in my head.

 

2) Yes, a mobility component of PIP is available. Can't say whether he would get it, but it does exist.

 

With PIP in general, his status regarding employment, SSP and so on is not relevant: it is not means tested or contributory, so he could be eligible whether he is working, off sick but still notionally employed, receiving SSP, or receiving another benefit such as IS or ESA.

 

3) CA might be possible. Does his wife, or anyone else, care for him for more than 35 hours per week? The definition of "care" is quite broad, and time she spends say, cooking his meals or doing his laundry can count towards the 35 hours. In order for her to claim CA, he would need to have at least applied for PIP.

 

4) If his wife were to claim CA, she may also be able to claim IS as his carer. But I confess I can't remember the specifics of how his SSP (if he receives it) would affect such a claim.

[caro]

In order:

 

1) Yes, PIP can be awarded for a disability that is not expected to be permanent. I'm not sure how long the disability needs to last to qualify, but I'm sure someone here does. I have this figure of three months floating around in my head.

 

2) Yes, a mobility component of PIP is available. Can't say whether he would get it, but it does exist.

 

With PIP in general, his status regarding employment, SSP and so on is not relevant: it is not means tested or contributory, so he could be eligible whether he is working, off sick but still notionally employed, receiving SSP, or receiving another benefit such as IS or ESA.

 

3) CA might be possible. Does his wife, or anyone else, care for him for more than 35 hours per week? The definition of "care" is quite broad, and time she spends say, cooking his meals or doing his laundry can count towards the 35 hours. In order for her to claim CA, he would need to have at least applied for PIP.

 

4) If his wife were to claim CA, she may also be able to claim IS as his carer. But I confess I can't remember the specifics of how his SSP (if he receives it) would affect such a claim.

 

Thanks Antone. Until about 3 weeks ago he was having seizures which could be every few minutes so couldn't be left. Admittedly meds seem to have sorted that now. TBH I doubt his wife could do 35 hours herself as she is so frail but my husband, their sister and the stepson all help out. I'm not sure it would add up to 35 hours but will think about that one.

[Nystagmite]

http://www.epilepsysociety.org.uk/pip-assessment-criteria#.VNqBVi7VE3g

 

Only one person can claim CA for him. It doesn't matter when the 35 hours is. So, if he's having a bad day and needs 12 hours care, a good day and 4 hours, an average day and needs 8 hours care and so on, that's ok. But it just has to be at least 35 hours a week.

 

If anyone claims CA, they can't earn any more than £100 a week after certain expenses and they can't claim the state pension or ESA.

 

To claim PIP, you have to have the care and /or mobility needs for at least 3 months and expect them to last for another 9.

 

Because he can't drive, he should be entitled to a bus pass. His GP needs to write a letter (or maybe any consultant he's seeing) explaining that due to his disability, it's unsafe for him to drive. If he was driving previously and DVLA have taken his licence away, I assume there'd be paperwork from them explaining this, which he could use.

[caro]

Afaik the seizures aren't due to epilepsy. The tumour was on the area of the brain that affects his speech and this was what was primarily affected although there were other things too. He was aware when they were coming on and when he was having them. I will check though.

 

While part of his brain is not protected by his skull he has to be very careful not to let anything damage it so I think a bus might be too dangerous. DVLA have had his licence though.

 

I do appreciate your input nys. I feel a bit reluctant to post personal info which isn't about me so was trying not to go into more info than necessary.

 

I should know better!

[**Margaret**]

:caro:

 

A personal independence payment is awarded to help pay for care and mobility needs. The claimant has to have needed the help for three months before it can be paid, and expect to need the help for a further nine months.

 

The criteria, known as descriptors, for the daily living component are about nutrition, medication, help with personal hygiene and getting dressed, communication, etcetera. The mobility component covers planning a journey and physical completion of it.

 

More info at;

 

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

 

If your family do the arithmetic (keep a diary for a week) you may find that one of you is caring for more than thirty-five hours a week if the activities have to be supervised for safety's sake. Carers allowance isn't directly affected by statutory sick pay, but both count as income for income related benefits.

 

When your relative's statutory sick pay runs out, he'll be able to make a claim for employment n support. An income replacement benefit with another set of descriptors. This time, of activities that are relevant to the workplace.

 

More info at;

 

http://www.disabilityrightsuk.org/employment-and-support-allowance-overview

 

Who's responsible for paying the council tax? Your relative and his wife may be eligible for some reduction. But if the stepson's over eighteen the Local Authority will expect him to contribute, unless he's also on a very low income.

 

Don't know much about Government's scheme for help with interest on a mortgage, but here's their version of it.

 

https://www.gov.uk/support-for-mortgage-interest

 

Lot's of , so come back with any specific questions that we may be able to answer. Best wishes for your relative's recovery, Margaret.

 

[caro]

Thank you Margaret. My husband and his sister are doing a fair amount but both receive state pension. The stepson is over 18 and a qualified mechanic so I'd guess his pay is reasonable. However he's at his gf a lot of the time. While still official living at home I don't think they'd get CTB.

 

This all started early November and I can't see him being fully recovered this year so worth trying for PIP.

 

I've printed off details of applying for PIP and carers allowance so we can get the forms and take it from there.

 

I think I know about mortgage interest so can deal with that.

 

Thanks for all the help. No doubt I'll be back for more help I'm due course.

[Nystagmite]

When he claims ESA, he should also make a claim for income based and add his wife to the claim. This would entitle them to things like full council tax support, free prescriptions, etc.

 

His council may also run a transport scheme for people who can't drive for medical reasons. Many will only give a bus pass, but for some, that can include the tube, local trains, etc.

 

Apologises for the assumption it was epilepsy. But that link should provide some useful information. I was trying to find the link Margaret posted; but couldn't find it.

[caro]

No need to apologise Nys. Your input is extremely helpful, and for all I know it may be a form of epilepsy as I know that there are different types. I have been with him when he's had some of these episodes, usually when he's been in my car and I've been taking him for medical appointments. TBH we made an assumption that once the tumour was removed all would be well as it wasn't cancerous but unfortunately it's not been that simple due to the pressure it put on his brain which has now got to go back to it's normal position after some 15 years of the tumour pushing it out of the way, plus the infection in his skull. We really have no idea how long it will take to get back to normail, but it's clearly going to take time.

[Nystagmite]

Does he have a nurse or anyone he sees at the hospital? They should be able to help filling out the benefit forms and any other advice that we may have missed.

[caro]

Does he have a nurse or anyone he sees at the hospital? They should be able to help filling out the benefit forms and any other advice that we may have missed.

 

When he came out after the second op he had to have a nurse visit 2 or 3 times a day. I don't know if that's still ongoing but will find out. Would they have time and knowledge to deal with benefits advice? I'll find out about that too. I know MacMillan type nurses do but these are specialist NHS nurses to deal with very specific medical needs. Indeed his discharge was delayed until the hospital could find the nurses with the specialist expertise in this area. OH was taking info on PIP and carers allowance info to look at today. I thought he could make the initial phone call and then when he's got the form I'd help him with that to make sure he doesn't overlook any of the help he needs.