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11 years 11 months ago #85071 by MichelleJM
Special Rules was created by MichelleJM
My sister has been diagnosed with terminal cancer. I am in the throes of applying for DLA for her and I know she'll get the AA, according to the Dep W&P website. At the moment she is mobile, so won't get the mobility bit.
However, as she gets poorlier obviously she won't be able to walk.

She had two little part time jobs.

Should she claim for ESA?

Should we also put in a carer's claim for my 18 year old niece?

Thanks.

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11 years 11 months ago #85076 by Gordon
Replied by Gordon on topic Re:Special Rules
Michelle

I'm sorry to hear your news, I hope you will forgive me if I have to be a little blunt in my answer.

Whilst your sisters doctors, refer to her cancer as terminal, the DWP definition requires that there is an expectancy of death within six months, for her to automatically qualify for benefits.

If this is the case, then her GP should be able to issue her with a DS1500 certificate, which should then fast track her through the benefits system.

If a DS1500 cannot be issued, then she will be subject to the normal assessment process associated with the benefit.

She can claim DLA and ESA at the same time as they are seperate benefits, however, her working may be an issue with regard to ESA.

I would strongly recommend that you/she contacts Macmillan Nurses, as in addition to their care facilities, they also have advisors who specialise in benefit claims.

With regard to your niece. I'm not clear whether you are suggesting you make claim for CA for your niece or for her to claim CA for, I assume, her mother.

If the former, then your niece needs to be in receipt of DLA Middle or Higher Rate Care. If the latter, then she should be able to make a claim in anticipation of your sister's DLA, payment will start when the DLA is awarded.

If there is anything else we can do, please reply to this post.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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