Terminal Diagnosis

James123_2

My wife has terminal cancer. I'm about to apply for the various benefits available under 'special rules.'
As she would immediately go to higher rate care in PIP, does this mean that any occupational pension would no longer be taken into consideration if she were to also apply for ESA. I know this was the case with higher care DLA and IB.
Secondly, my wife did previously have IB, but let this lapse when she couldn't face the prospect of ATOS. As she therefore hasn't paid NI since September 2013 (date final IB) could anyone advise as to whether she's entitled to contribution-based ESA? (There is a number, but can't get through) She's not entitled to any other help.
Appreciate any replies. Thank you.

Browntoa

some pensions schemes have special conditions under which a terminal diagnosis can trigger release of the funds

https://forums.moneysavingexpert.com/discussion/1975165

pensions board on here would advise

afraid I'm not able to answer your other questions

pmlindyloo

James123 wrote: »

My wife has terminal cancer. I'm about to apply for the various benefits available under 'special rules.'
As she would immediately go to higher rate care in PIP, does this mean that any occupational pension would no longer be taken into consideration if she were to also apply for ESA. I know this was the case with higher care DLA and IB.
Secondly, my wife did previously have IB, but let this lapse when she couldn't face the prospect of ATOS. As she therefore hasn't paid NI since September 2013 (date final IB) could anyone advise as to whether she's entitled to contribution-based ESA? (There is a number, but can't get through) She's not entitled to any other help.
Appreciate any replies. Thank you.

I would advise you to seek advice from your wife's Macmillan nurse. They will be able to do a full benefit check for you and advise you of any help and support available.

bloolagoon

I'd echo McMillan for advise but want to give my condolences to you and your family on this sad news.

James123_2

Thanks - appreciate the replies. Oddly, Macmillan couldn't answer this one. Appreciate the good wishes.

bloolagoon

James123 wrote: »

Thanks - appreciate the replies. Oddly, Macmillan couldn't answer this one. Appreciate the good wishes.

I suspect shed not get cont based ESA from what you say.

pmlindyloo

I can find nothing in the regs that suggest that occupational pensions are not taken into account when claiming ESA in receipt of enhanced PIP.

For contribution based ESA it would be 50% of any amount over £85 a week in pension.

(In fact I couldn't find anything about occupational pensions being disregarded if you were on high rate DLA - have you a link?)

Personally I would just apply for ESA (you can fast track this too) and see what they say as to eligibility.

James123_2

pmlindyloo wrote: »

I can find nothing in the regs that suggest that occupational pensions are not taken into account when claiming ESA in receipt of enhanced PIP.

For contribution based ESA it would be 50% of any amount over £85 a week in pension.

(In fact I couldn't find anything about occupational pensions being disregarded if you were on high rate DLA - have you a link?)

Personally I would just apply for ESA (you can fast track this too) and see what they say as to eligibility.

Thanks - am going back around four years. (I claimed for two when also receiving cancer treatment) I will keep digging. My wife is 55 with an ill-health pension. I have a letter saying her life span is between three and ten months since her new diagnosis.

Robbie64

I don't think ESA has an equivalent to the rule that allowed someone in receipt of both Incapacity Benefit and the highest rate care component of DLA to have an occupational pension disregarded completely. I think the only recipients of ESA who have occupational pensions disregarded in full are those who transferred over from IB and who had the pension disregarded at the point of transfer.

pmlindyloo

Robbie64 wrote: »

I don't think ESA has an equivalent to the rule that allowed someone in receipt of both Incapacity Benefit and the highest rate care component of DLA to have an occupational pension disregarded completely. I think the only recipients of ESA who have occupational pensions disregarded in full are those who transferred over from IB and who had the pension disregarded at the point of transfer.

Documented here:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/297543/dmgch45.pdf

45465

jonliv

Yes the transitional rules and exemptions only applied to IB to ESA and in receipt of highest rate DLA

Here is a link to the IB migration rules and the transitional arrangements

http://www.official-documents.gov.uk/document/other/9780108509087/9780108509087.pdf

Paragraph 113/114

If your Private Pension was ignored for Incapacity Benefit It will continue to be exempted from the £85 rule for ESA (C) Support Group

Sorry to read about the devastating prognosis

dull one ......

Jono