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Eligibility to claim and what to apply for?

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10 years 4 months ago - 10 years 4 months ago #127762 by crow30
Hello
Sister left hospital yesterday after severe prolapse disc, has already had prev back op so they are giving her an injection on Friday and loading her with painkillers. They have told her that she won't be able to carry on with her job as it involves standing and lifting (shop work).
She has been given a walking frame so that she can get to the toilet.
I am going to see her tomorrow and I womder if she would be eligible to apply for some kind of benefit to help with the extra expenses she is going to have over the next year or so. (They have told her she is unlikely to recover full use of her leg as lot of nerve damage, but let's hope they are wrong and it just takes a year or so).
I am well used to claiming DLA for my autistic son but the system has completely changed and to be frank I have been ignoring it until I have to engage with it for his renewal in the summer (ostrich approach is better for my sanity frankly).
I am really not sure what direction I should be going in to help her with this. She is a hit away with the fairies on heavy painkillers at the moment and everyone else is either out at work or too teenage to be of much use.
Any hints and pointers would be useful. I have had a quick look round the site but there's a lot to take in and despite taking the tests I still can't establish whether she should apply for pip,dla or esa.
Thank you
Last edit: 10 years 4 months ago by bro58.

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10 years 4 months ago #127772 by Gordon
Replied by Gordon on topic Eligibility to claim and what to apply for?
Crow

The first thing to look at is ESA, she will need a Fit Note to make a new claim, if she is eligible then payments should start in a couple of weeks.

If she is in the UK mainland then she can only apply for PIP, not DLA, but she must have had her care and mobility needs for 3 months before a claim will be accepted, also, she must reasonably have those needs for a further 9 months. If she is in N. Ireland then she can still make a claim for DLA there is still a 3 month requirement, but only a 6 month run-on. She can apply before the 3 months have elapsed but may have to wait before they will process her claim.

Other things she should look at is whether she qualifies for Housing Benefit, also her Local Authority may be able to assess her for a care package.

Our ESA Claim guides are on the following link

www.benefitsandwork.co.uk/help-for-claimants/esa1

and PIP ones

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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10 years 4 months ago - 10 years 4 months ago #127861 by crow30
Replied by crow30 on topic Eligibility to claim and what to apply for?
Thank you for responding, it's very helpful.
Regarding ESA, I have done your online test for her and it says she would be in the support group, but I am sure this is a means tested benefit, and I don't think she would be eligible as her husband has a job.
I saw her yesterday. It seems that pain medications have come on a great deal in recent times and they are giving her something called gabapentin to stop the nerve from firing rather than all the opiate based stuff that was making her quite ill.
I hope that the disc reabsorbs quickly and she can move on.
Last edit: 10 years 4 months ago by bro58.

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  • bro58
10 years 4 months ago - 10 years 4 months ago #127870 by bro58

crow30 wrote: Thank you for responding, it's very helpful.
Regarding ESA, I have done your online test for her and it says she would be in the support group, but I am sure this is a means tested benefit, and I don't think she would be eligible as her husband has a job.
I saw her yesterday. It seems that pain medications have come on a great deal in recent times and they are giving her something called gabapentin to stop the nerve from firing rather than all the opiate based stuff that was making her quite ill.
I hope that the disc reabsorbs quickly and she can move on.


Hi c30,

The Group of ESA that you are placed into (WRAG or Support Group (SG) ) has nothing to do with the "type" of ESA that you entitled to and paid which can be either Contribution Based (CB) ESA, or Income Related (IR) ESA.

To be entitled to CB ESA, you must have the requisite number of NI Contributions from employment in the two preceding Tax Years. (Currently, 2012/2013 & 2013/2014.)

Or you must have been successfully transferred over from either Incapacity Benefit (IB) or Severe Disability Allowance (SDA).

To be entitled to IR ESA, you would have to pass the means test with respect to capital, assets, savings, household income and any hours worked by a partner if you have one :

Asset rule for ESA(IR)

24 hour work rule for ESA(IR)

If there is no entitlement to CB ESA or IR ESA, as above, the claimant will still receive NI Credits which will go towards their State Pension.

This is classed as a "nil rate" award.

Even when entitled to a nil rate award (NI Credits only) you still have to comply with periodic reassessments (ESA50, etc) but you do not have to take part in any Work Related Activity/Work Focused Interviews (WRA/WFI) if placed into The WRAG.

There is nothing to stop an application for PIP. (Taking heed of Gordon's comments)

This is non-means tested and not dependent on Ni Contribution or Credits.

See :

PIP Claims Guide. (2nd Link on page)

PIP Self Test

PIP Topic Thread in Spotlight Area

Or DLA if she lives in NI :

See : DLA Guides

bro58
Last edit: 10 years 4 months ago by bro58.

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