What happens when IB stops but nearing retirement age.

EdInvestor

BTW Toms Mum, you may be interested to read about the special rights cancer victims have under the Disability Discrimination Act.

http://www.equalityhumanrights.com/en/publicationsandresources/Disability/Pages/Generaladviceandinformation.aspx

TomsMom

Just a little update.

OH had a telephone appointment with the CAB the other day as they were booked up at the office until after Christmas. The young man he spoke to went through everything with him including the DLA form for which he eventually said OH wouldn't qualify.

Today he went into the Jobcentre Plus. The lady there suggested Pension Credit, to which he replied our savings took us over the limit. She said he wouldn't qualify for contributions based JSA because self-employed contributions do not count, only Class 1 contributions. She said there wasn't anything else and because of his age (62 in February) he would be better to get continuing sick notes off his GP if he can, [due to the fact that his condition is not classed as terminal, only "incurable but treatable",] so he could continue with IB. (Rather surprised at that suggestion! but she did seem to think that a medical condition that can flare up again at any time and require months of treatment may be detrimental to getting a job.)

Then she mentioned DLA. He immediately said that he doesn't qualify because he hasn't needed any help with personal care or day to day living. Now this bit is interesting and relates back to previous posts by Chesky and Timbo, and countered by Oldernotwiser.

She said that she would give him the DLA form and he should fill it in with answers based on his worst days.

He reiterated that he has needed no help with personal care and he wouldn't wish to be untruthful on the form.

She asked him how he is after his chemo, is he able to go out, if he lived on his own would he be able to cook himself a meal from ordinary ingredients that he's able to go out and shop for, using a normal cooker (as opposed to a ready meal heated in a microwave). She said if the chemo leaves him washed out and weary, unable to cook for himself (as described above) then that is how the form should be filled in - describing your worst days! And it doesn't matter that he is living with someone else, it's based on what he can or cannot do. She suggested that he may be eligible for the lower rate of DLA in these circumstances and to fill in the form and send it in.

So OH will take his time going through this form over the weekend and see where he can go from here. If necessary he will look for help in filling it in.

By the way, Edinvestor, he saw the IFA yesterday who has provided the small pensions details to various companies, including those specialising in medical conditions, and MGM has come up with an annuity more generous than any others. The IFA has advised to grab what he can now rather than leave it as interest rates are continuing to fall and so will the "pot". He also advised not to take an annual increase of say 3%-5% as that will decrease the amount of the monthly pension now. He has also got a 5 year guarantee on it and a spouse's pension for me so that if anything happens to OH I get the full amount until the 5 year guarantee finishes, then I get 2/3rds at full amount and 1/3rd at 50% paid monthly. Like I said, the pensions were frozen years ago and are very small so it doesn't give a lot - in fact less than my weekly state pension - but it will make a big difference and is more than anything OH could have arranged for himself. And if he can't get anything benefits-wise if he is deemed fit for work and has to come off IB then at least we will have something coming in.

It's a coincidence that the IFA is in remission from cancer after a poor prognosis, so he understands exactly where we're at and what our concerns are.

EdInvestor

TomsMom wrote: »

She said that she would give him the DLA form and he should fill it in with answers based on his worst days.. it doesn't matter that he is living with someone else, it's based on what he can or cannot do.

Quite so. Think of how he would manage if you were not there.Could he cope with absolutely everything by himself? Cooking. cleaning, washing (himself/your home/the car/his clothes )?

IIRC DLA also involves trouble with walking.Does he get breathless due to his illness? Does this mean he has trouble getting up stairs, up hills, walking more than short distances? All relevant.

The annuity proposal sounds fine, I should go for it.

TomsMom

EdInvestor wrote: »

Quite so. Think of how he would manage if you were not there.Could he cope with absolutely everything by himself? Cooking. cleaning, washing (himself/your home/the car/his clothes )? .

He'd have a darn good try as he's an independent person who would be too proud to ask anyone for help but after his last cycle of chemo, his 6th, he really felt the effects and has been unwell for two weeks and yesterday was his first outing since. So in all honesty, if he was on his own I don't know how he would have got on, he certainly wouldn't have been able to get himself a proper meal, perhaps just a bowl of cereal, nor washed his clothes or kept the house clean but he has been able to attend to his personal care with no problems.

IIRC DLA also involves trouble with walking.Does he get breathless due to his illness? Does this mean he has trouble getting up stairs, up hills, walking more than short distances? All relevant.

He hasn't had any problems with these at all up to now.

The annuity proposal sounds fine, I should go for it.

Thanks for that. I'm not a "numbers" person (my talents lie elsewhere ) but OH thinks that what the IFA has suggested is good. It seems as though he has arranged the best amount if OH is only here short term but still very reasonable if he has long term prospects. So it's good to know that you also think the proposal is fine. The IFA expects to see it all tied up before Christmas.

chesky369

"She said that she would give him the DLA form and he should fill it in with answers based on his worst days."

Yes, that was why I advised you so - but when people come back at you so strongly as happened when I posted, can't keep on arguing.

TomsMom

chesky369 wrote: »

"She said that she would give him the DLA form and he should fill it in with answers based on his worst days."

Yes, that was why I advised you so - but when people come back at you so strongly as happened when I posted, can't keep on arguing.

I appreciated your advice Chesky, and as we've had the same advice from someone who works for the Jobcentre Plus, who can argue with that

Oldernotwiser

EdInvestor wrote: »

Obviously not. As a comparatively infrequent visitor to this forum you're probably not really aware of the repeated problems posters in this forum have had in getting the authorities to provide their proper entitlements, particularly in relation to long term care issues.This includes a range of Government departments.

It is very clear that a firm and persistent approach is necessary to get the authorities to follow the rules and thus one can only urge posters not to be put off by veiled threats or insinuations about fraud or exploitation, but rather to get properly qualified advice from the people at the voluntary and charitable agencies who interact with these bureacrats all the time and know how to deal with the system.

I may not visit this forum often but I post frequently on the Benefits Board where there are many similar posts and much better information! Personally I think that the OP would have been better advised on there, particularly as many people who answer questions are employed by the Benefits Agency and similar and know what they're talking about!

Edit: Unfortunately staff at JCP are not experts at disability benefits and I think that this advice proves it. However, I do think that you should complete the DLA form according to how your husband would manage for himself if he had to do everything.

Oldernotwiser

TomsMom wrote: »

Oh gosh, Oldernotwiser, exploit is not a word we'd use. I hope I haven't come across as someone who wants something we're not entitled to.

.

I used the word "exploit " meaning to make the best use of something; I had no intention of suggesting that you were trying to do anything underhand; if you thought that was what I meant, I apologise.

TomsMom

Oldernotwiser wrote: »

but I post frequently on the Benefits Board where there are many similar posts and much better information! Personally I think that the OP would have been better advised on there, particularly as many people who answer questions are employed by the Benefits Agency and similar and know what they're talking about!

Which is exactly where I originally posted my question on 24 November here but received no initial response on that board other than a suggestion of JSA. So I posted another message in that thread to say I was posting the same question on here on 25 November as there may be someone in this age group who had been in a similar situation.

I used the word "exploit " meaning to make the best use of something; I had no intention of suggesting that you were trying to do anything underhand; if you thought that was what I meant, I apologise.

The definition of expoit in my dictionary is "To take unfair advantage of, esp. for financial gain", but as you say you did not mean it in this way then your apology is graciously accepted.

Unfortunately staff at JCP are not experts at disability benefits and I think that this advice proves it. However, I do think that you should complete the DLA form according to how your husband would manage for himself if he had to do everything.

This is where it all gets confusing. The CAB says he is not eligible for DLA. JCP say he may be. He will fill in the form, probably with help from one of the agencies mentioned on here, and see what happens.

Also, the qualification for contributions based JSA is a little confusing. JCP says because he paid Class 2 (self employed) contributions he does not qualify, you only qualify if you've paid Class 1. Yet on the govt website it says Class 2 contributions count towards the same benefits as Class 1, but Class 2 will not always count towards contribution-based Jobseeker’s Allowance.. but does not go on to explain the bit about will not always count

No wonder people get confused and many people miss out on benefits because they either don't know about them, have been misinformed or have just slipped through the net.

Oldernotwiser

TomsMom wrote: »

Which is exactly where I originally posted my question on 24 November here but received no initial response on that board other than a suggestion of JSA. So I posted another message in that thread to say I was posting the same question on here on 25 November as there may be someone in this age group who had been in a similar situation.



The definition of expoit in my dictionary is "To take unfair advantage of, esp. for financial gain", but as you say you did not mean it in this way then your apology is graciously accepted.



This is where it all gets confusing. The CAB says he is not eligible for DLA. JCP say he may be. He will fill in the form, probably with help from one of the agencies mentioned on here, and see what happens.

Also, the qualification for contributions based JSA is a little confusing. JCP says because he paid Class 2 (self employed) contributions he does not qualify, you only qualify if you've paid Class 1. Yet on the govt website it says Class 2 contributions count towards the same benefits as Class 1, but Class 2 will not always count towards contribution-based Jobseeker’s Allowance.. but does not go on to explain the bit about will not always count

No wonder people get confused and many people miss out on benefits because they either don't know about them, have been misinformed or have just slipped through the net.

I think that you didn't get more advice on the Benefits Board because you may have difficulties getting any other benefits, although I'm sure that your best bet is to apply honestly and openly for IB/ESA/DLA with whatever help you can get. I'm really not unsympathetic, I'm a cancer survivor myself and am currently doing my husband's application for AA so I do appreciate your position; I just think that you've been misadvised here on the question of "bad days".
Good luck.

PS I used the word "exploit" in the meaning of "to use productively" as in "to exploit one's talents". I believe that's the primary meaning.