Hope someone can clear a discrepancy up for me. I have been contacted by the widow of a client iro IIDB @ 100% in connection with asbestos related disease. He also claimed CAA and submitted a DS1500 along with it. He was awarded CAA at a rate of £48.10. He has recently passed away. She is querying if the award was at the correct rate.

I have not come across CAA very often but have looked in this years Dis Rights Handbook and it states on p219 that 'If, because of your pensioned disablement, you are terminally ill, you will get the highest rate.'. I contacted B.E.L. and Castleford and both have responded by saying that the award would be dependant on an assessment of care needs and that DS1500 or terminal illness not decisive. They have said that CAA has no 'Special Rules' type fasttrack like DLA/AA.

Now i do not know if i am being fobbed off or if i have misread the DRH (CPAG doesnt hardly cover CAA) so would be gratefull for assistance on this.

Matt

I'm no expert - far from it, I'm killing time at the end of the day - but the reference to CAA in the Dis Rights Handbook you refer to on page 219 appears to be a part of the section on War Disablement Pensions, carrying a different entry criteria from that described as part of the Industrial Injuries Scheme on page 216.

I even tried looking up the legislation, but there is not that much time to kill, and I didn't manage it.

Hope that's of (limited) help

Rob

Thanks Rob, the best answers are often the simplest. I guess i got so caught up thinking of CAA as a benefit in its own right, rather than a component that appears as part of two seperate benefits that i missed it. Always worth having someone else check out the problem.
Matt

could the CAA claim + DS1500 be treated s a claim for DLA or AA under the interchange of claims rules?

This is what i am now looking at as cust was previously IRO L/R AA, claimed IIDB+CAA in sept03, AA stopped in MArch 04 and IIDb and CAA put into payment from June 04 (backdated to Sept). AA stopped payment whilst recovery against CAA done and didnt even send a letter to say this was happening, nobody seems to have considered effect of DS1500 on existing AA.
I have contacted family about querying this but they are reluctant to go further for the additional £10pw it would be worth, i guess they just want to put the matter to rest. I just wish they had come to us whilst cust alive so we could have got it right from the start rather than now having to rake over old ground.

If cust does decide to pursue AA top up what do you think chances would be?
MAtt

Constant Attendance Allowance is awarded when a person is assesses as 100% disabled as a result of an industrial accident or prescribed injury or disease, and is in need of constant care and attention.

The "in need of constant care and attention" is important because a person could be 100% disabled and have little or no care needs i.e. "very severe facial disfiguration" would give 100% disablement but would not create the need for "constant care and attention".

DS1500 criteria do not relate to C.A.A. claims because the award of C.A.A. relates to an award of Industrial Injuries Benefit and a person could be terminal because of a non-industrial health problems.

In looking at C.A.A., A.A. or D.L.A a better of calculation should be done, bearing in mind that a person in receipt of either of the two higher rates of C.A.A. may also be entitled to Exceptionally Severe Disablement Allowance (not the same as Severe Disablemt Allowance).

Does anyone have the name of the legislation governing C.A.A.?. I have not been able to find it in Bonner (etc.) at all (unless I've missed it - .

I have a patient i.r.o. I.I.D.B. for diffuse mesothelioma, and he has H.R.A.A., following a DS1500 Report. His illness is certainly entirely as a result of his industrial history, and he is assessed as 100% disabled.

I am wondering whether he could get on one of the two higher rates of C.A.A., both of which are higher than his H.R.A.A..

Anyone who knows anything is welcome to reply!. I have seen the Disability Rights Handbook too, but there is nothing specific on terminal illness. He is very s.o.b.o.e., and even at rest, and talking can be a strain, but as to whether he meets some very great test of needing care, he may not (other than supervision?).

I should not admit to not knowing, but I do (not!).

John.

Wed 23-May-07 10:10 PM by Ruth_T

The statutory references are:

Social Security Contributions & Benefits Act 1992, s.104
Social Security (General Benefit) Regulations 1982, SI 1982/1408, regs 19-21 and
Overlapping Benefits Regulations 1979, SI 1979/597, Sch 1 para 5.

Thanks, don't know how I missed that. It doesn't make it exactly clear about precisely what the qualifying conditions are, other than that there is a need for constant attendance, so what exactly the criteria are I am not sre. The doctor gives an opinion re. C.A.A. at the time of the medical examination for I.I.D.B., so a lot of it is, I think, based on this opinion. Anyway thanks again,


John.