ESA Deprivation of capital -Terminally Ill

sue999

Hi Mcneff-i am still receiving DLA and recently had a letter from them saying i would not be in the PIP round this year- i get higher rate on one and middle rate on other- cant recall which one /way round.

sue999

hi LindyLoo-cant recall which group i am in re esa- for the first year there was one group which they said would only be for 365 days then this year they moved me into another group which i think is the support group.

Although i am only just 50 i have always paid NI contributions since i was 18.

My GP offered to fill in the d1500 last christmas but i asked him not to as i didnt want it to be a self fulfilling prophecy-like the sword of damaclese hanging over my head-so on bad days when i cant breathe or move, i would not have to keep fearing this is it.

The hospice social worker also offered to fill the d1500 in last year- so far i have outlived the prediction but i know its getting tougher.

My GP is first class-in fact exceptional in his care and support. I spoke to him yesterday around 1900 hours during his end of day calls.

He spent 45 minutes discussing the matter with me and assures me he is filling out the d1500 this weekend. He is also flabbergasted at the DWP decision.

i think with copd end stage is a tough call on the D1500 once the patient hits the bottom of the curve. Some live weeks some months and a few can do 1-3 years.

i was on transplant programme for 2 years until last may as a watch and wait and review 3 monthly- sadly last may after repeat tests they said id reached the end and needed to go live. after their multi team meet they then took me off!! the programme as they believed i would not do well with transplant-then they gave me 12 -18 months, referred me back to local respiratory unit who referred me to Hospice.

To say i was gutted was an understatement.

I try to ignore these dates and timelines as life is for living not worrying about dying

the d1500 being in place though makes me feel like grimm is breathing down my neck

pmlindyloo

In the Universal Credits legislation it says:

(2) A person is not to be treated as depriving themselves of capital if the person disposes of it
for the purposes of—
(a) reducing or paying a debt owed by the person; or
(b) purchasing goods or services if the expenditure was reasonable in the circumstances of
the person’s case.


Seems like (b) would certainly cover your situation.

Can't recall that there is a similar clause in the current ESA regs. Think not.

Maybe your MP could argue that it would be correct to apply this to you as the intention seems clear from the legislation.

Here's the link:

http://www.legislation.gov.uk/uksi/2013/376/pdfs/uksi_20130376_en.pdf

benidorm59

A funeral plan paid up front is not classed as deprivation of capital any speciali decision maker would deem this correct. If you have a plan, with a receipt it will be ok

pmlindyloo

benidorm59 wrote: »

A funeral plan paid up front is not classed as deprivation of capital any speciali decision maker would deem this correct. If you have a plan, with a receipt it will be ok

That would be excellent news.

Have you a link for that? Can't find it in the Decision Maker's Guide or have I missed it?

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/411106/dmgch52.pdf

TELLIT01

A ruling on the funeral plan cost would have been made by a specialist Decision Maker. As this is an individual making a decision it's entirely possible that another would have make a different decision. The only time a decision is cut and dry is when it is covered by statute or previous legal decision.
Trying to use UC regulation for an ESA case is unhelpful as they are different benefits with different rules applying.
As mentioned before I would certainly get your MP involved.
Regarding the DS1500, you are aware of the rules applying to this but it is on the balance of probability. You've already proved them wrong and I don't think a piece of paper will change your determination. What that piece of paper will do is add weight to your reasoning.

benidorm59

• Other disregards include:
• your personal possessions such as jewellery, furniture or a car
• your business assets
• any life insurance policy which has not been cashed in
• the value of a pre-paid funeral plan
• any charge for currency conversion if your capital is not held in sterling
• any Social Fund grant payments
• arrears of certain state benefits
• certain compensation payments

pmlindyloo

benidorm59 wrote: »

• Other disregards include:
• your personal possessions such as jewellery, furniture or a car
• your business assets
• any life insurance policy which has not been cashed in
• the value of a pre-paid funeral plan
• any charge for currency conversion if your capital is not held in sterling
• any Social Fund grant payments
• arrears of certain state benefits
• certain compensation payments

Where is that from?

pmlindyloo

TELLIT01 wrote: »

A ruling on the funeral plan cost would have been made by a specialist Decision Maker. As this is an individual making a decision it's entirely possible that another would have make a different decision. The only time a decision is cut and dry is when it is covered by statute or previous legal decision.
Trying to use UC regulation for an ESA case is unhelpful as they are different benefits with different rules applying.
As mentioned before I would certainly get your MP involved.
Regarding the DS1500, you are aware of the rules applying to this but it is on the balance of probability. You've already proved them wrong and I don't think a piece of paper will change your determination. What that piece of paper will do is add weight to your reasoning.

I agree with you.

Just thought that it is interesting that Universal Credit has this clause so it seems that some thought has gone into putting, perhaps, previously harsh clauses into more reasonable ones. (Sorry, badly put - hope you understand what I'm saying)

Of course, legislation for UC also seems to correct (IMHO) too generous legislation - like capital other than interest over £300 for tax credits not being taken into account.

benidorm59

http://www.entitledto.co.uk/help/saving

Its correct as well but any policy would have to be declared by the familyand will taken into account if any help is claimed by the social towards the funeral