[img]Imgur: The magic of the Internet Ken provides welfare rights advice to Disability Rights UK’s member organisations. He also edits and writes for DRUK publications and its website and undertakes policy work with the DWP.
Ken’s background in the advice sector spans over three decades, mostly in the area of welfare rights. He currently provides welfare rights advice to Disability Rights UK’s member organisations.
Thanks
Hi there. My Aunt has been diagnosed with terminal cancer - I’ve read quite a bit on the Marie Curie website and a few other places, but where is the best place to go to for info on benefits? I’ve found it quite hard to help her and my Uncle so far. They do receive a few benefits already as they qualify for low income help. Thanks.
Iv only just found out about my brother, he doesnt have anyone else to help and I don’t even know where to start? Please anyhelp would be great.
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Question from RowntreeRandom: Hi there. My Aunt has been diagnosed with terminal cancer - I’ve read quite a bit on the Marie Curie website and a few other places, but where is the best place to go to for info on benefits? I’ve found it quite hard to help her and my Uncle so far. They do receive a few benefits already as they qualify for low income help. Thanks.
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Hi,
I’m going to try to answer both your questions together if that’s OK.
Unfortunately the benefits system is a bit of a maze and can be hard to navigate particularly if you have little experience of claiming them.
Very broadly, the benefits system falls into two parts – non-means tested benefits (often based on previous national insurance contributions) and means- tested benefits (based on someone’s income and savings resources).
There are several benefits for those who are ill or disabled.
In terms of disability benefits there are two that can be awarded on the grounds that someone has a diagnosis of a terminal illness - Personal Independence Payment (PIP) and Attendance Allowance (AA).
PIP can be claimed by those below 65 years of age.
AA can be claimed by those who are 65 years old and above.
Both PIP and AA can be awarded under what’s termed ‘special rules’.
Someone is eligible to claim under the special rules if they are living with a terminal illness and their death ‘can reasonably be expected’ within the next six months.
If this definition applies to you, it means you don’t have to serve the usual three month qualifying period, your claim is given high priority and the Department of Work and Pensions (DWP) or the Northern Ireland Social Security Agency (SSA) will try to give you a decision within eight working days.
Depending on which benefit you claim, you’ll automatically qualify for the:
Depending on the impact of the terminal illness on mobility, you may qualify for the enhanced rate of the moving around component of PIP.
PIP is a new benefit that is replacing Disability Living Allowance (DLA). While it is no longer possible to make a new claim for DLA it is still possible for those already receiving DLA to ask for the rate paid to them to be reconsidered on the grounds of terminal illness.
If you are agreed as meeting the special rules for DLA then you will be automatically be awarded its higher care rate component and may be awarded its higher mobility component.
DLA, PIP and AA are all non means tested benefits and can be paid regardless of someone’s income or savings.
Employment and Support Allowance (ESA) is the main social security benefit for people whose ability to work is limited by ill health or disability.
There are two types of ESA: contributory ESA and income-related ESA.
Contributory ESA is linked to your national insurance contributions.
Income-related ESA is the means-tested element of ESA. Means-tested benefits are the ones that vary depending on how much or how little money you have coming in.
Income-related ESA provides for your basic living expenses (and those of your partner, if you have one). It can be paid on its own or as a top-up to contributory ESA.
Importantly, if you have a terminal illness, again your claim should be dealt with more quickly under its special rules. The DWP or the SSA in Northern Ireland will consider you to be terminally ill if you have a progressive disease and your death ‘can reasonably be expected’ within six months.
The special rules don’t put an upper limit on how long you live. You can carry on qualifying under the special rules if you live longer than is reasonably expected.
Those who are eligible for ESA under its special rules are automatically treated as having a limited capability for work related activity and placed in its ‘support’ group. This means that they do not have to face a work capability medical assessment and awarded the highest rate of the benefit.
So, if you’re told that your death could reasonably be expected at any time in the next five to ten months, you may be able to claim any of the benefits I’ve listed under the special rules. If you live longer than was reasonably expected, you just carry on claiming under the special rules – always assuming that your death can reasonably be expected within six months.
In terms of more information, a good place to start would be the following two Marie Curie online factsheets –
https://www.mariecurie.org.uk/help/money/benefits-entitlements/living-with-terminal-illness
Each also have links to other factsheets where you can find out more about DLA, PIP, AA and ESA.
Other benefits that might be claimed following a terminal illness might include housing benefit (for help with rent) or council tax support/rate relief.
Again, Marie Curie have factsheets on both of these –
https://www.mariecurie.org.uk/help/money/benefits-entitlements/housing/housing-benefit
https://www.mariecurie.org.uk/help/money/benefits-entitlements/housing/council-tax-rate-relief
If you need further advice about what and how to claim any of these benefits then you should seek independent advice.
A good place to start is often your local Citizens Advice Bureau (CAB).
To find a CAB in your area go to -http://www.citizensadvice.org.uk/index/getadvice.htm.
To find a CAB in Scotland go to - http://www.cas.org.uk/bureaux
Other sources of independent advice can be found in the following Disability Rights UK factsheet -
http://www.disabilityrightsuk.org/getting-advice
Ken Butler - Disability Rights UK
Hi Barbara K in addition to what Ken’s already said another good starting point is our help page for people who’ve recently been diagnosed which covers a lot of general questions that people have.
You or your brother can also give our Support Line a ring on 0800 090 2309 (Monday to Friday 9am-5pm) if you’d like to talk to someone directly.
Hope that helps
Mark
Thank you!
Hi Everyone,
I might have missed this - it could be somewhere in the above responses - but might the GP be a good starting point ?
I would have thought that any decent GP, would have sufficient understanding of the benefits/help-available situation, to be able to give some useful advice ?
I’ve recently been diagnosed with bowel cancer, I’m not going to go into the details but I want to make sure my family is looked after when I’m gone and I’m worried about how we’re going to afford our mortage now and also when I’m gone. Is there any help out there or anyone we should be talking to? Thank you
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I’ve recently been diagnosed with bowel cancer, I’m not going to go into the details but I want to make sure my family is looked after when I’m gone and I’m worried about how we’re going to afford our mortage now and also when I’m gone. Is there any help out there or anyone we should be talking to? Thank you
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Help with costs that are specifically mortgage costs is available via certain means-tested benefits.
Income-related employment and support allowance (ESA), income support, income-based jobseeker’s allowance (JSA) pension credit and universal credit can all help with mortgage interest payments and certain other housing costs.
Eligibility for all the above benefits is assessed by applying their normal entitlement rules. For example, to receive ESA someone must be agreed as having a limited capability for work.
The amount of housing costs met is worked out taking into account the following:
· whether your housing costs are ‘excessive’;
· an upper limit or ‘ceiling’ on loans (although there are some exceptions);
· a standard rate of interest applied to loans (rather than that actually charged);
· deductions for any ‘non-dependants’ living with you (eg adult son or daughter, friend or relative).
· a waiting period (a number of weeks you must be entitled to the means-tested benefit before housing costs are included in your applicable amount).
Housing costs that you can get help with can include not just interest on other loans taken out to buy your home.
In addition, they can include interest on loans for certain repairs and improvements; some service charges payable as a condition of your occupancy (eg under a lease) and ground rent or other rent payable under a long lease.
In brief, to calculate allowable housing costs the outstanding balance of your qualifying mortgage(s) and/or loan(s) is multiplied by a standard interest rate to give a qualifying amount of interest for the year.
The standard interest rate used by the DWP to calculate housing costs help is set at a level equal to the Bank of England’s published monthly average mortgage interest rate (currently 3.63%).
A weekly rate of qualifying interest is calculated by dividing the yearly figure by 52. Other qualifying housing costs (eg service charges) are calculated at a weekly rate and added to this figure. The result is added to your ‘applicable amount’.
As you’ve been diagnosed with bowel cancer you may be claiming or preparing to claim ESA.
Help with mortgage costs is not available to those who are only entitled to contribution based ESA but only those who are awarded income based ESA.
However, while someone may not immediately be eligible for income based ESA they may be after a waiting period, often of 13 weeks, when mortgage costs can be added to their applicable amount.
So, if someone is reused income based ESA but they have a mortgage they should get advice as to whether they may be able to move on to income based ESA after an initial waiting period.
In addition, if housing costs have been awarded to a partner, if that partner dies then this can often mean that similar means-tested mortgage costs benefit help can be awarded to their surviving partner..
In terms of the general eligibility conditions for the means-tested benefits I have listed, Marie Curie have further information available @ https://www.mariecurie.org.uk/help/money/benefits-entitlements/benefits-social-care-system/social-services#benefits
However, you may want to get more detailed advice about your potential current entitlement and that of your partner.
You may want to contact Marie Curies Support Line for further help: 0800 090 2309 (Monday to Friday 9am-5pm)
Suggestions of independent advice sources are available in Disability Rights UK’s Getting Advice factsheet available @ http://www.disabilityrightsuk.org/getting-advice
That’s all the questions that we have time for today. Thanks very much to Ken and everyone who asked him questions.
If you have any further questions or comments on this topic, please start a new thread and our community will be happy to help.
We’ll be doing another Q&A session very soon and will be advertising it nearer the time - you can also follow our Facebook page or Twitter account for a reminder of when that’ll be on.
Many thanks
