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Attendance Allowance, Special Rules, and Chemotherapy
Is having chemotherapy enough to qualify you for the special rules when claiming AA? I’ve read the definition of terminally ill in the CPAG book, but whether someone is likely to die within six months is clearly dependent on whether the chemo goes well or not. My client has not long started chemo’ treatment. I think he should claim AA under special rules but it’s obviously a deliciate subject as the special rules are linked to the likelihood of someone dying within 6 months.
If he can’t get AA under the special rules, could he claim CB-ESA instead? His capital is too high for IR-ESA. He was self-employed for years before becoming ill, will that make it more difficult to claim CB-ESA?
Death needs to be reasonably expected within 6 months, as a result of a progressive condition, to qualify under the special rules.
Having chemo on it’s own is not enough.
Many people get chemo as a curative option and some who get it as a palliative option do not fit into the six months qualifying period - ie they may be terminally ill but may have a year to live.
It would be a call for his GP, Consultant or Clinical Nurse Specialist to make on whether a DS1500 is appropriate.
He would need to be 65 or over to claim AA, so if he is over 65 there would not be an entitlement to ESA. If he is under 65 PIP would be the appropriate disability benefit. He may be entitled to CB-ESA if under 65 but it would depend on when he last worked and whether he paid class 2 NI Conts.
Thank you, very helpful.
He is 65 years old. If he doesn’t fit the criteria of being terminally ill for the special rules now, should I advise him to make a claim for AA in any case? He’ll need to meet the disability conditions for 6 months before he can receive payments, won’t he? Can the date that he started to meet the disability conditions be retrospective (i.e. before the date that we call AA to start the claim)?
Thank you, very helpful.
He is 65 years old. If he doesn’t fit the criteria of being terminally ill for the special rules now, should I advise him to make a claim for AA in any case? He’ll need to meet the disability conditions for 6 months before he can receive payments, won’t he? Can the date that he started to meet the disability conditions be retrospective (i.e. before the date that we call AA to start the claim)?
Yes, advise him to claim in any case if he meets the disability conditions.
Yes, he needs to meet these for 6 months before AA can be paid
Yes, the 6 months can include time before the claim made. And if he hasn’t met the disability conditions for 6 months at the time of the claim the award can be made starting at a time in the future when he has met the 6 months qualifying period.
I’ve assisted with successful AA/DLA applications for people undergoing chemotherapy. As above, whether special rules apply is a call for a healthcare professional, so you can ask.
If he’s 65 he may be entitled to a state pension. Depending on how much pension income he has, and how much his capital is, he may be entitled to some Pension Credit.
There is no capital limit on Pension Credit, although capital is considered to produce a “tariff income” so someone with a lot of capital may not qualify in practice.
If he does qualify for the guarantee credit part of Pension Credit he would also potentially qualify for Housing Benefit (if he pays rent) and Council Tax Reduction (if he pays Council Tax).