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Top Incapacity related benefits topic #5075

Subject: "Terminal illness and support component" First topic | Last topic
ASH
                              

Welfare Officer, St Christopher's Hospice, South London
Member since
06th Jan 2005

Terminal illness and support component
Fri 16-Apr-10 05:13 PM

Fri 16-Apr-10 05:15 PM by ASH

My client made a dla claim in Oct 09 under special rules with a ds1500 and heard nothing. He made an esa claim at the same and got awarded basic rate. I don't know if he put anything on the esa application about terminal illness. In December he discovered that a decision had been made by dla that he was not terminally ill and his dla was still being considered under the normal rules. More info was sent to dla and eventually the dla was awarded top rates, presumably under special rules, backdated to Oct 09. The decision was made 6 weeks after the client died. Can we ask for an any time revision of the esa basic rate to get the support rate backdated to Oct 09 in the basis that it is only with the dla award that his terminal illness was recognised.

  

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Replies to this topic
RE: Terminal illness and support component, Tony Bowman, 22nd Apr 2010, #1
RE: Terminal illness and support component, ruthch, 22nd Apr 2010, #2
      RE: Terminal illness and support component, ASH, 22nd Apr 2010, #3
           RE: Terminal illness and support component, Tony Bowman, 23rd Apr 2010, #4

Tony Bowman
                              

Welfare Rights Advisor, Reading Community Welfare Rights Unit
Member since
25th Nov 2004

RE: Terminal illness and support component
Thu 22-Apr-10 12:10 PM

It's probably more appropriate to simply dispute the relevant ESA decision to seek exemption from LCWA - especially as you can only "presume" that the DLA was based on the special rules. Evidence of the latter would certainly assist.

I'm unsure of the rules regarding disputes for those who have died.

  

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ruthch
                              

Senior Welfare Rights Officer, Tameside MBC
Member since
10th Feb 2005

RE: Terminal illness and support component
Thu 22-Apr-10 12:57 PM

The DWP can appoint a person to carry on with a claim or any related revision or appeal after the claimant has died. Any payments due would be made to the estate of the deceased person. See SS(C&P) reg 30.

So your clients surviving partner or next of kin can write in asking for the ESA decision to be looked at again.

  

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ASH
                              

Welfare Officer, St Christopher's Hospice, South London
Member since
06th Jan 2005

RE: Terminal illness and support component
Thu 22-Apr-10 03:23 PM

Thanks for the above.

What is niggling is that I am not quite sure of the grounds for the revision request. I think it should be a mistake/ignorance but I have sent a letter fudging the issues and hopefully it will work anyway .

  

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Tony Bowman
                              

Welfare Rights Advisor, Reading Community Welfare Rights Unit
Member since
25th Nov 2004

RE: Terminal illness and support component
Fri 23-Apr-10 11:51 AM

The review shoud dispute the award of assessment phase ESA on the grounds that the claimant was terminally and therefore entitled to the support component from day one of his claim. You could support the dispute with a copy of the DS1500 and subsequent award of DLA.

It will be a late 'any ground' revision - see page 1102 of 20010/11 CPAG handbook.

If the revision is refused or not entertained then switch to a late appeal.

  

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