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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Gratuitous Care Payments and Income Related ESA

LClover
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Frenkel Topping

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Total Posts: 1

Joined: 16 October 2013

Hello

I am seeking advice on the following.

I have a client who is looking after his severely disabled daughter.  The daughter was injured in a clinical negligence case that was subject to a personal injury award (settled).  Monthly Gratuitous care payments are being made to my client.

My client used to work and now suffers from depression/PTSD and we are considering whether a claim for ESA is appropriate for him.  Does anyone know if Monthly Gratuitous care payments fall to be disregarded?  I have checked and it seems that they do not but just need to be sure.

Thank You

[ Edited: 26 May 2016 at 08:21 am by LClover ]
ClairemHodgson
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Solicitor, SC Law, Harrow

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Joined: 13 April 2016

usually in substantial cases these are to replace what the carer would otherwise have been able to earn in paid work.  i assume that there is a CoP Deputy since the implication of your post is that this was indeed a substantial settlement. if so, i would be inclined to check with them what your client is getting, and what their advice might be on this point.  If your client is that ill, it may be that other carers are needed and the CoP deputy needs to know this since the plans will be based on what the court approved/what your client said he’d be able to do.