Support for people with Cancer

mollyjester

Hi

I am trying to help out a close friend who has recently been diagnosed and I have to admit I am rather shocked at the help or lack of so far from the government. I need to try and maximise his income for him asap and look at future options as he is due to have a very big operation in a few weeks.

If anyone has ANY help or advice I would greatly appreciate it.

As background he is 31 and lives alone in rented accommodation. He was previously working (earning somewhere in the mid twenties) and was signed off last month for at least 3 months but as he is due to have multiple organs removed and strong chemo it is very unlikely he will back at work in the next 12 months.

He has spoken to the Cancer Charities and CAB and they have said he can only claim housing benefit even though he is on SSP of £88 per week. HB has been reduced by 14% automatically as he has two bedrooms. The second room isn't used as a bedroom, its rather small and will be needed for equipment and carers in the near future so I am helping him to appeal this. The payment of HB doesn't cover the rent anyway so he went down the route of a discretionary payment first and they have rejected this.

Looking at the info on-line it appears he may be able to claim working tax credits while on SSP is this correct?

Finally I suspect following the operation he may be entitled to claim PIP/ESA etc but as he would be getting SSP still this won't be an option. If he quit his job would it affect his ability to claim benefits given he is considered disabled? In reality he would be unfit to work anyway and would meet the chronic definition of 12 months so I am wondering if health related termination/retirement may be an option?

Sorry this is so long winded and technical

p00hsticks

mollyjester wrote: »

Finally I suspect following the operation he may be entitled to claim PIP/ESA etc but as he would be getting SSP still this won't be an option.

PIP isn't means tested or limited to those not in employment so may be an option.

Torry_Quine

He will get SSP for 28 weeks or until his employment ends. At that point he will be able to claim ESA which would be contribution based if sufficient NI has been paid. PIP is for care and or mobility needs which have lasted for 3 months and expected to last for at least a further 9.

Darksparkle

When off sick, WTC can be paid for up to 28 weeks (so the same length as SSP paid).

Whether he can claim WTC will depend on the hours he worked prior to going off sick and his income for this tax year/next tax year.

As mentioned, being on SSP doesn't stop entitlement to PIP. It is purely based on care/mobility needs.

https://www.gov.uk/pip/overview

When SSP ends, that's when he would look to claim ESA.

When_the_going_gets_tough

He may also be eligible for a Macmillan grant. If you look on the Macmillan website under in your area see if there is a macmillanbenefits service covering your area. If so they will be able to help your friend. I am sorry that he was turned down for a discretionary housing payment, perhaps a specialist team may be able to help him apply again in the future.

fishybusiness

My heart goes out to your friend, without being dramatic I would have lost my home if I had lived alone when I was diagnosed.

MacMillan grant - not a lot but it helps, definitely PIP - apply straight away, it can be applied when on chemo, not just operation and recovery, plus it can be backdated I think up to 3 months.

pmlindyloo

fishybusiness wrote: »

My heart goes out to your friend, without being dramatic I would have lost my home if I had lived alone when I was diagnosed.

MacMillan grant - not a lot but it helps, definitely PIP - apply straight away, it can be applied when on chemo, not just operation and recovery, plus it can be backdated I think up to 3 months.

Unfortunately PIP cannot be backdated before the date of the claim>

http://www.ageuk.org.uk/Documents/EN-GB/Factsheets/FS87_Personal_independence_payment_fcs.pdf?dtrk=true

As regards HB I am presuming that your friend is in social housing hence the 14% deduction. I know you are appealing this deduction.

However, I am wondering why he has not been given a 13 week protection period for HB where he would get his full rent paid for 13 weeks. This should happen if he could afford the rent when he took on the tenancy and hadn't claimed HB for the preceding 52 weeks. If he fits the criteria then you should enquire about it at the council.

He should also be entitled to council tax reduction.

Otherwise agree with all other posts regarding ESA, PIP and working tax credits.

fishybusiness

Unfortunately PIP cannot be backdated before the date of the claim>

Sorry, I got mixed up with backdating and being paid from date of claim until PIP awarded - still a fuzzy from my own exploits!

mollyjester

Thank you all for your replies. Will have a look into PIP and the Macmillion grant today.

He called HMRC and was told he does not qualify for WTC as he has earned too much in this tax year and they do not class Cancer as a disability. We challenged this and spoke to a supervisor who confirmed that they don't and therefore there is no qualification. I will look into this a bit more and try to appeal.

So far we have tried:

1. Housing benefit - in private rented accommodation - not social housing - took the 14% off anyway. As he is single and under 35 the council said they would only pay enough for a bedsit. No 13 week grace period etc although will mention this in the appeal too. Refused discretionary payment and council tax relief. Tax relief was because he had some savings which are now rapidly in decline.

2. WTC as above - won't pay as he has earned too much in the last tax year and cancer is not a disability.

3. PIP I suspect won't be an option until post op but we can but try

It is terrifying to see how we treat cancer patients.

tomtontom

You really need to get some assistance with this OP. As well intentioned as you are benefits can be a complex area and if you get it wrong it's not going to help your friend.

Your friend is not subject to the bedroom tax. His entitlement will be reduced because his income is higher than the applicable amount for a single person.

HMRC are not saying cancer is not a disability, but that your friend does not currently meet the criteria for WTC with the disabled element.

If you appeal on irrelevant points the appeal will fail. The higher up the appeals system you go, the more complex and limited your options are. Please seek assistance before going any further.

Darksparkle

Re: WTC

He may be able to claim from April but without knowing any details I couldn't confirm for definite. If you could confirm his working hours previous to going off sick, 2015/16 income and SSP end date I could help further.

It isn't the condition itself that entitles someone to the disability element of WTC. Many people have illness/disabilities that don't entitle them to benefits. For WTC, he needs to meet the criteria which includes receiving a qualifying benefit and have a disability that puts then at a disadvantage of getting a job.

You can find further details here - https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/460516/TC956.pdf