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Forum Home  →  Discussion  →  Other benefit issues  →  Thread

Under 65 - change of circumstances

 

ejm
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Community palliative care team - Rowcroft Hospice

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I work in palliative care. If I use a case study to illustrate my query it may be helpful (this not an uncommon scenario).
Patient is 71 and claiming AA (special rules) and pension credit. Partner who is 56 years old claims CA.
When the patient dies, AA and pension credit end and CA stops after 8 weeks.
The partner (56) is not able to consider job seeking and often struggles in early bereavement for at least 3-6 months. They were not married and will not receive bereavement allowance.
If they were to claim ESA would grief be recognised by the WCA?
Many thanks

     
ClairemHodgson
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Solicitor, SC Law, Harrow

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ejm - 08 April 2019 06:30 PM

I work in palliative care. If I use a case study to illustrate my query it may be helpful (this not an uncommon scenario).
Patient is 71 and claiming AA (special rules) and pension credit. Partner who is 56 years old claims CA.
When the patient dies, AA and pension credit end and CA stops after 8 weeks.
The partner (56) is not able to consider job seeking and often struggles in early bereavement for at least 3-6 months. They were not married and will not receive bereavement allowance.
If they were to claim ESA would grief be recognised by the WCA?
Many thanks

no - to satisfy the test, they would have to accrue enough points on the relevant areas.  grief as such wouldn’t do it ...
https://wcainfo.net/#activities

 

     
Paul_Treloar_AgeUK
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Information and Advice Resources, Age UK

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They can’t claim ESA as it’s been abolished by Universal Credit.

Like Claire, I’m doubtful they’ll get an especially sympathetic hearing in any WCA assessment either unfortunately. Not sure about relaxations in terms of work search and so on, but others might know more?

It’s not pretty for many people, as we’re starting to realise as more of these sort of queries come through.

     
ejm
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Community palliative care team - Rowcroft Hospice

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New style ESA hasn’t been abolished ~ as I understand it., but the WCA issues would remain.
Any other insights very gratefully received. Many thanks

     
Charles
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Accountant, Haffner Hoff Ltd, Manchester

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Paul_Treloar_AgeUK - 08 April 2019 08:18 PM

Not sure about relaxations in terms of work search and so on, but others might know more?

They get 6 months relaxation of work search and work availability requirements. (UC Regs 99(3)(d))

     
Charles
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Accountant, Haffner Hoff Ltd, Manchester

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ejm - 08 April 2019 10:19 PM

New style ESA hasn’t been abolished ~ as I understand it., but the WCA issues would remain.
Any other insights very gratefully received. Many thanks

What about NS-JSA? The same 6 month relaxation I mentioned above applies there too.

      [ Edited: 8 Apr 2019 at 10:30 pm by Charles ]
Paul_Treloar_AgeUK
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ejm - 08 April 2019 10:19 PM

New style ESA hasn’t been abolished ~ as I understand it., but the WCA issues would remain.
Any other insights very gratefully received. Many thanks

True but remember that she needs to satisfy NIC conditions and that unless placed in support group, maximum extent of ESA award is 12 months.

Further, if she has rent payments, these will also mean UC claim is necessary.

     
ejm
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Community palliative care team - Rowcroft Hospice

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thanks all - really helpful.