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PIP / ESA in a hospice
- Nicky
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7 years 6 months ago #204155 by Nicky
PIP / ESA in a hospice was created by Nicky
Hello,
My uncle was diagnosed with stage 4 cancer on the 26th November, and was admitted to a hospice straight from hospital on the 18th December. Sadly, he passed away on New Years Day.
He was awarded PIP, both components at enhanced rate, from 19th December through the special rules. PIP was not payable as he was in the hospice at that time. Given that he was only in the hospice from claim start date (19/12) to NYD (=13 days) I thought it would have been paid when they were notified of his death. He obviously didn't reach the four weeks at which they stop paying benefits. But DWP are saying no. Does anyone have any information on this?
He also claimed ESA under special rules, and I anticipate he will be awarded ESA + premiums amounting to roughly £151pw. Would this be the same as the PIP, ie underlying entitlement but no actual money?
Thanks in advance for any insight!
My uncle was diagnosed with stage 4 cancer on the 26th November, and was admitted to a hospice straight from hospital on the 18th December. Sadly, he passed away on New Years Day.
He was awarded PIP, both components at enhanced rate, from 19th December through the special rules. PIP was not payable as he was in the hospice at that time. Given that he was only in the hospice from claim start date (19/12) to NYD (=13 days) I thought it would have been paid when they were notified of his death. He obviously didn't reach the four weeks at which they stop paying benefits. But DWP are saying no. Does anyone have any information on this?
He also claimed ESA under special rules, and I anticipate he will be awarded ESA + premiums amounting to roughly £151pw. Would this be the same as the PIP, ie underlying entitlement but no actual money?
Thanks in advance for any insight!
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- Gordon
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7 years 6 months ago #204167 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP / ESA in a hospice
Nicky
Sorry to hear of your loss.
I would ask the DWP which Regulation they are applying to deny payment, however, I suspect it is Regulation 30. See
www.legislation.gov.uk/uksi/2013/377/regulation/28/made
which prevents payment if the claimant is resident in a publically funded care home.
The ESA should not be effected by your uncle having been in a hospice or the PIP not being payable.
Gordon
Sorry to hear of your loss.
I would ask the DWP which Regulation they are applying to deny payment, however, I suspect it is Regulation 30. See
www.legislation.gov.uk/uksi/2013/377/regulation/28/made
which prevents payment if the claimant is resident in a publically funded care home.
The ESA should not be effected by your uncle having been in a hospice or the PIP not being payable.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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