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Mothers accident

Hey guys I need your help! It’s in regards with my mother who was involved in a very serious accident recently.   She was walking as a pedestrian and then at a crossing got run over by a car.  The car went through a red light over 60 mph.  

She was rushed to Queens medical centre in Nottingham.  She sustained multiple fractures and had multiple operations.  Also was in a induced coma.    Moving on she is doing a lot better.  

My mother has worked all her life over 30 years.  Injuries are improving but she currently struggles with a lot of pain she has multiple fractures in the spine. Her skin grafting also hurts on her foot. And fractures in her hand.  She’s doing a lot better now but obviously does not feel fit enough to work.  

My question is is she eligible to benefit then which one? because she can move around but not for long due to severe pain.   

Also my mother is a joint homeowner, owns 2 homes  one being on rent. The other she lives in with a mortgage with my father.   To Add to that my father is on ESa support group Contribution based due to his mental health.  

Savings are around £20,000

Currently is on receipt of sick pay which obviously ends at 28 weeks so I am just thinking ahead.  
Would she be eligible for anything with these circumstances? 

Thanks in advance.  

Replies

  • April2018momApril2018mom Posts: 2,869 Member
    Hello @stuartperry
    I’m sorry to hear that your mom is hurt! If she is seriously injured then yes look into benefits she may qualify for. Take a look at this article with more information https://www.ashfords.co.uk/news-and-media/general/are-there-benefits-you-may-claim-after-an-accident
    How old is she now? She might need to use her earnings at first however. Let us know what happens! 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    I'm sorry to hear that! firstly claiming PIP will only be possible if she's had the condition for at least 3 months and expects it to last at least a further 9 months. If both of these apply to her then claiming is will depend how her conditions affect her and not about a diagnosis. Evidence will be needed to support her claim and a face to face assessment is mostly likely. It's not means tested.

    For benefits then because she has 2nd home then this will be classed as capital so therefore won't be entitled to any means tested benefits.

    As she's currently claiming SSP and worked for 30 years then she'll most likely qualify for New Style ESA but she'll need her SSP1 form from her employer and a fit note from her GP to be able to claim it. She can start a claim 3 months before her SSP ends but she won't receive any payment until SSP ends but the claim will be ready to start.

    It's £73.10 per week and paid for 365 days only unless placed into the Support Group where it's paid for as long as she remains in that group. Evidence will be needed to support her claim and again most likely she'll need a face to face assessment.




    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • stuartperrystuartperry Member Posts: 15 Listener
     Thank you so much for your informative reply God bless you All !     Like you mentioned for pip it depends if the condition is going to affect her for the next nine months or long term,  what if  it does affect her but she still able to manoeuvre with a great deal of pain how will this be proven as not fit to work.?

     Yes I was also thinking of the esa   I did look at some of the criteria to get into the support group.  I think she does meet some of the points but again she’s in more pain sometimes grounded  other times she can move around.


     Not sure what benefit to go for

     I have no idea of this Esa new style.  It seems like less payment because my father gets the old style in the support group.  Is it less .?
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    PIP isn't about not being able to work, people claim PIP and work. It's totally depends on how her conditions affect her. No one can tell you whether a claim would be successful because no one knows how her conditions affect her.

    Claiming New style ESA depends on NI Contributions between April 2016 - March 2018 and as advised, it pays £73.10 per week assessment rate. Support Group pays £111.65 per week. Being placed into this group you only need to satisfy one descriptor. See then here https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1353-support-group-descriptors

    New style ESA is the same as the old style Contributions based that your father claims. Both are not means tested so savings/capital doesn't affect either of them.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • stuartperrystuartperry Member Posts: 15 Listener
     Okay so I’m guessing £73 is the work related activity group and 111 is support Group?

     So will my mother get contribution based or  them to decide ?
     Also is there a limit to the contribution based how long you can receive 
    Lastly  is there a limit of savings and assets that you should have before you can claim this time of benefit 

     Thanks again and sorry for so many questions I’m just concerned 
  • stuartperrystuartperry Member Posts: 15 Listener
     Also in the link you provided the criteria  but if she can do all those things but sometimes she can’t do those things due to the pain which is nearly 70% of the time anyway ?Sorry my questions all over the place
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    She can put a claim in for New style ESA 3 months before her SSP ends but she'll need the SSP1 form from her employer and sick note from her GP BUT she won't receive any money until her SSP ends.

    Whether she's entitled to claim this will depend on her National insurance contributions between April 2016 and March 2018, if she's paid enough she will be able to claim it. If she hasn't then she won't be able to claim it.

    £73.10 per week is assessment rate and WRAG rate.  £111.65 is Support Group rate.

    It is only paid for 365 days unless she's placed into the Support Group. If she's not placed into the support group they will just pay her NI credits towards her state pension after the 365 days.

    New style isn't isn't affected by any savings or capital as i previously advised.

    If her claim is successful then she'll receive £73.10 per week until she's assessment for either of the groups. She will need to send evidence to support her claim and this should state how her conditions affect her ability to do any type of work because this is what they will assess her for. She's eventually need a face to face assessment before a decisions made. Once a decision is made they will either find her fit for work, place her into the WRAG or the Support Group.

    I'd advise you both to get some face to face advice from an advice agency near you.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • stuartperrystuartperry Member Posts: 15 Listener
    edited September 2019
     Okay I think I get it  thanks poppy.    So as you mentioned the new style same as the old style esa  Why would they bring that into play just makes things confusing....

     Is there a set of   how much contributions need to be paid  to be eligible how do they work it out 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • stuartperrystuartperry Member Posts: 15 Listener
      thanks again :) for your help. 
  • david235david235 Member Posts: 170 Pioneering
    I know you asked about benefits, @stuartperry , but I assume that she is also claiming from the motorist in negligence. If the motorist was uninsured, the Motor Insurer's Bureau stands in place of the missing insurance.

    If the motorist was prosecuted, there is also the possibility of Criminal Injuries Compensation.


    If she has any form of legal expenses insurance, for example as part of a household insurance policy, then that might cover the costs of claiming. If not, any reputable firm of solicitors handling personal injuries cases should take this on a Conditional Fee Arrangement ("no win, no fee") - though make sure that the success fees are understood before she signs, also that she gives proper consideration to insuring for an costs award in favour of the other side should she lose her claim.


    You have already received plenty of information on benefits - there is no point me duplicating what others have written.
  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Hi @stuartperry and a welcome to the community.

    I am so sorry to hear about your mother and I imagine this has been a massive shock to the family. I won't duplicate any of the great advice which has been given above but please do keep us updated and let us know if we can do anything else to help!
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    Scope

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  • stuartperrystuartperry Member Posts: 15 Listener
     Thanks again everyone yes we are looking into a claim but it’s pretty difficult to prove the driver,  as he is not admitting fault and is claiming somebody else was driving.

     Yes it was a massive shock seeing your mother in a coma in intensive care and my father already been ill for many years now my mum also injured.  


     I’ve got a lot of letters from so many different specialist she is being seeing which I will be using as evidence towards the claim.   She’s definitely not ready for work at the moment  

      I understand everything Poppy has said one thing I still can’t seem to grasp is why  have the new style esa ? If it’s exactly the same as the old ? Or maybe I have missed you reason.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger

      I understand everything Poppy has said one thing I still can’t seem to grasp is why  have the new style esa ? If it’s exactly the same as the old ? Or maybe I have missed you reason.
    It's no longer possible to claim any of the old benefits, unless someone claims a severe disability premium and then they are excluded from claiming UC. Universal credit has replaced 6 means tested benefits.

    New style ESA and New style JSA have both replaced the old contributions based benefits.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Hi @stuartperry and please do keep us updated. We are always here if you need anymore support or advice. :)
    Community Partner
    Scope

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