ESA Deprivation of capital -Terminally Ill

benniebert

Indie_Kid wrote: »

I won't be that surprised if some people are told one thing by one person at the DWP and are then told something completely different.

Isn't that the case with all of the decisions that are made by the DWP - it is generally down to how one decision maker views it at the time?


Some DM's have a hard line view, some view things from a reasonable point of view and others view things from not what the regulations say but the spirit in which they were made.


You don't get to choose which DM would be more supportive - it's the luck of the draw.


Hence many people don't appeal against a decision because they believe that it is the right decision - why else wouldn't a DM be right?
Then years down the line they find out that another DM could well have changed that decision if that had have appealed.


But let's be honest, do we really expect someone in the same position as the OP to want to tackle the DWP in that way given the stress, time and anguish that appealing brings about?
I know that if I was given such a diagnosis, the last thing I would want to get involved in is a fight with the DWP. I would sooner spend what time I have left being with friends and family quietly enjoying the days I have left.

sue999

Have collected the completed ds 1500 today from my gp surgery.
didnt get chance to ring dwp today as had hospice appointment this morning and havent been able to bank the cheque yet.

I have forgotten what the gp told me friday. I assume he has sent the ds1500 directly to dwp/dla etc and mine is just a copy? or do i send my ds1500 to dwp?

thanks

TELLIT01

benniebert wrote: »

Some DM's have a hard line view, some view things from a reasonable point of view and others view things from not what the regulations say but the spirit in which they were made.

Very true. When I worked on ESA you almost knew what a DM's decision was likely to be before you read the content. Just looked at who had made the decision.
The truth is that all of the above outcomes are valid because most decisions do come down to interpretation of the regs. That is why it is always worth appealing if unsatisfied with the decision, although I fully accept that the extra hassle is the last thing most people want or need.
My advice is to go the MP route. That's the one which tends to get the quickest result, particularly in the specific situation of this thread.

sue999

hello - I have an update for you - DWP Manager rang me this week from Caerphilly- she says they have revisited my case and are pleased to tell me -..
As I am terminally ill i can spend the windfall of £3.7k on my funeral" without impending my esa status.

Very pleasing news

I am informed each case is looked at on a case by case merit situation.

She did say they were not aware during the contact the week before that i was terminally ill. I confirmed that DWP were told i was terminally ill.

The conversation was professional and polite from them-i raised other issues from experience where the system had failed me during the time i have been on esa- she assures me she is looking into the other matters.

I have asked the lady that i want to see the regs pertaining to the criteria for decision making on capital deprivation- is there a lineage where terminally ill are allowed to pay for their funeral?

if not can they apply internally to amend their regulations to encompass this ruling.

if dwp are unable to do this, can they point me in the right direction so i can apply to the government/ my mp or whoever else is needed to get this dreadful ruling corrected for all terminally ill patients on ANY benefit.

I am waiting for th Journalist John Pring from DNS (Disability News Service) google it as i dont think im allowed to post a link to his web site.

John has been very helpful on the matter and runs a brilliant website related to benefits and disabilities.

He is awaiting a Press Release from DWP Press Office Southern to clarify my situation.

I would like to thank everyone to date for their support and understanding on what has been a stressfull anxious time.

many many thanks -breathe easy

Sue

Indie_Kid

Hi Sue,

Thanks for the update. Also glad to see that you did get a good decision on this.

sue999

Thanks Indie- Press release will go onto DNS Web site this evening.

Housing_Benefit_Officer

Indie_Kid wrote: »

Can I suggest that with the DWP's decision, you get it in writing? I've never come across this, but I won't be that surprised if some people are told one thing by one person at the DWP and are then told something completely different.

At least if you have to appeal, you can then say "I've got it in writing", instead of "but so-and-so said this".

Somewhere in the regs on deprivation it does say if you have received written confirmation from the DWP that you can spend the money and that letter is wrong then it isn't counted as deprivation. Will try and find the regs.

Housing_Benefit_Officer

This might help.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/410842/dmgch29.pdf


29843 Claimants or partners have not deprived themselves of capital for the purpose of
getting benefit or more benefit if they
1. say exactly what they are going to do with their capital and
2. are told by an officer of DWP it will not affect the amount of benefit they can get and
3. do what they said they were going to do with their capital.

kingfisherblue

Here's the link to Sue's story:


http://www.disabilitynewsservice.com/dwp-threatened-to-dock-terminally-ill-womans-benefits-if-she-paid-for-her-own-funeral/