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Top Incapacity related benefits topic #4060

Subject: "ESA & reasons for being out of work" First topic | Last topic
miket
                              

Welfare Advice Officer, South Gloucestershire Council
Member since
19th Jun 2009

ESA & reasons for being out of work
Fri 19-Jun-09 01:25 PM

I know that this question may seem very pedantic but I dont want to fall foul of the DWP's own pedantism when claiming for this customer.

I am dealing with a 53yr old client who is currently off work after having been diagnosed with bone cancer. He is currently receiving SSP from his employer who in the near future will either pension him off or retire him medically.

My question is, Will the terminology used to cease his employment make a difference as to which benefit my client can claim? i.e. If he is pensioned will he only be able to claim IS/JSA or will ESA still be applicable due to his condition?

  

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SSG
                              

CAB/Macmillan Welfare Rights Adviser, City of London CAB
Member since
10th Jul 2009

RE: ESA & reasons for being out of work
Fri 10-Jul-09 12:15 PM

Hi. This may be a bit late for you.

As far as I understand it, the DWP will be looking at whether your client is capable of work or has a limited capacity for work. I think it will be established fairly quickly that it is the latter.

He should claim ESA.

  

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