× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

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

Benefits for terminally ill people

garym65
forum member

St Joseph's Hospice, Hackney

Send message

Total Posts: 8

Joined: 21 July 2010

Meg Hillier Mp had an adjournment debate yesterday, see link

http://www.publications.parliament.uk/pa/cm201212/cmhansrd/cm120209/debtext/120209-0004.htm#12020952000003

You may find it interesting.

Gary Martin

Jon (CANY)
forum member

Welfare benefits - Craven CAB, North Yorkshire

Send message

Total Posts: 1362

Joined: 16 June 2010

From Hansard:

Steve Webb: [...] The hon. Lady also, quite properly, raised the issue of people finding out in an inappropriate manner that they are terminally ill. It is totally unacceptable for someone to find that out from a jobcentre or over the phone: that simply should not happen.

Meg Hillier: I thank the Minister for that categorical statement. Would it not be easier for DWP assessors simply to check the disability living allowance database? They would not then have to ask for a form, which would make life a lot easier for the patient.

Steve Webb: Absolutely. Atos was awarded the contract to do the face-to-face assessments some years ago. In regard to data sharing, it would be aware that a DS1500 form had been completed for a claimant, so it should not need to ask for another form to be completed. I would be keen to hear about any individual cases in which that has none the less happened, when it should not have done, and we will follow them up. The intention is that, whenever possible, these matters should be dealt with on the basis of paperwork and forms that have already been submitted, rather than calling people in for a face-to-face assessment. As the hon. Lady says, calling them in is inappropriate and unnecessary, and it also costs money. There is no reason why anyone would want it to happen, and we are keen to ensure that it does not.

According to an email from our local External Partnership Manager in November, although ESA may be able to access the fact that a DS1500 exists, current policy is that they require the customer to ask for it to be considered at the point in the ESA script when when special rules are discussed. Requests from third parties eg a GP, are not accepted, the applicant has to make the request to be treated under ESA special rules themselves, even if they have already done this on a DLA claim.

R2D2
forum member

Welfare rights - Financial Inclusion and Advice Service, Suffolk County Council

Send message

Total Posts: 21

Joined: 22 June 2010

This is indeed an interesting development and one that I have raised with the DWP to nil effect. I would suggest that they appear to have lost their customer focus on this one?
We consistently come across cases where (DLA) sp rules claimants who also claim ESA are invited to complete ESA50 forms…with all the stress this can cause at an already critical time in their lives? Many of thses customers are unaware of their sp.rules status so unable to provide this information. I’m disappointed that there is not a mechanism in place to avoid this unnecessary situation arising?

benefitsadviser
forum member

Sunderland West Advice Project

Send message

Total Posts: 1003

Joined: 22 June 2010

DLA and ESA are separate benefits with different criteria, so i think the departments concerned have no legal obligation to interact. Having said that i have lost count of the amount of DLA refusals that state “...we have made the decision based upon a recently completed medical questionaire (ESA50)”
They can interact when it suits them, which i find incredibly annoying when it comes to the Special Rules thing.