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Mandatory Property Disregard and ESA
- BlueMeany
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6 years 4 months ago #235269 by BlueMeany
Mandatory Property Disregard and ESA was created by BlueMeany
My brother is getting ESA - currently WRAG but looking at Supersession for Support Group under reg 35.
He also put PIP in, but was rejected as only 4 points in Care (this will also be going further).
He was carer for my father until he moved into a care home.
Council are claiming they only recognise PIP as proof of "incapacity" whereas ESA replaced Incapacity Benefit.
Our argument is that if he scored 4 points for care, then that shows a level of incapacity, just not enough to claim PIP.
Does anyone have experience of this, and could advise further? If council refuse again, we are looking at the Ombudsman.
He also put PIP in, but was rejected as only 4 points in Care (this will also be going further).
He was carer for my father until he moved into a care home.
Council are claiming they only recognise PIP as proof of "incapacity" whereas ESA replaced Incapacity Benefit.
Our argument is that if he scored 4 points for care, then that shows a level of incapacity, just not enough to claim PIP.
Does anyone have experience of this, and could advise further? If council refuse again, we are looking at the Ombudsman.
- latetrain
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6 years 4 months ago #235283 by latetrain
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by latetrain on topic Mandatory Property Disregard and ESA
Hi BlueMeany
Welcome to the forum
I am not sure what your question is and what the council have refused?
Can you be a bit more explicit in the details?
Gary
Welcome to the forum
I am not sure what your question is and what the council have refused?
Can you be a bit more explicit in the details?
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
- Gordon
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6 years 4 months ago #235307 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Mandatory Property Disregard and ESA
BlueMeany
Are you referring to the following?
www.ageuk.org.uk/globalassets/age-uk/doc...dential_care_fcs.pdf
I think your brother is going to struggle to prove his case, although it is possible for the property to be disregarded without the occupier having a qualifying benefit, their incapacity must be equivalent to one of these and the PIP Decision indicates that this is not the case. See page 7 of the attached document.
Gordon
Are you referring to the following?
www.ageuk.org.uk/globalassets/age-uk/doc...dential_care_fcs.pdf
I think your brother is going to struggle to prove his case, although it is possible for the property to be disregarded without the occupier having a qualifying benefit, their incapacity must be equivalent to one of these and the PIP Decision indicates that this is not the case. See page 7 of the attached document.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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