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A dying man, whose brother claims he was refused benefits twice, said "I don't believe it, I'm going to die and I'm still not sick enough” just hours before his tragic death.

Dad-of-six Jamie Oliver, 49, was denied the vital disability payments because he “wasn’t sick enough” despite being terminally ill, claims his brother Dave Smith.

Now Dave has shared a heartbreaking photograph capturing his brother for the last time in hospital bed - just 12 hours before he passed away from chronic liver disease.

The stricken dad-of-six told his family from his hospital bed: "I don't believe it. I'm going to die and I'm still not sick enough for PIP.”

Jamie died on April 9 before he could appeal and struggled to meet costs in the last few months, claimed Dave, 53, as he blasted the system.

Dave claims Jamie had been refused benefits under the Personal Independence Payment (PIP) scheme twice before his death.

(Image: Dave Smith)

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In a heartbreaking chat with Mirror Online, he said: "His liver had gone and it was taking his other organs with it.

"He had help from the local citizens advice and I think they advised him that he was entitled to PIP.

"But the assessors scored him zero on everything on both assessments.

"He had been assessed before by the bureau and I think he'd scored around 25 points which obviously would have qualified him."

The effect of Jamie being denied benefits knocked him badly, reveals a heartbroken Dave.

He said: "He knew he was going to die but it would have been around now that it happened if he'd had his twelve months as expected.

"I believe he would have done it. When he was told he was going to die, he went into shock.

"The doctor advised him to cut down his drinking and he did.

"So we got to November last year and he was more himself although he was still very ill."

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(Image: Dave Smith)

But then Jamie received another letter informing him that his application for PIP had been refused again, says Dave.

He said: "In November, he got the news and honestly, it just finished him.

"He was just so, so depressed and then he started drinking more again.

"At that stage, we couldn't do anything to help him feel better in that situation."

In order to appeal, Jamie would have had to travel from his home to Ashford, about thirty miles away, said Dave.

He added: "It was an insult.

"This was a guy who was walking with a stick and the only place he visited was his local supermarket which was up a hill.

"It's only about 500 metres from his home.

"No word of a lie, he'd start in the morning and he wouldn't be back for about three hours.

"It killed him. He needed round-the-clock help."

(Image: Dave Smith)

And he recounted the tragic moment that Jamie noted that he "wasn't sick enough for PIP", just moments after the consultant had told him he was going to die.

He said: "Jamie had asked the consultant if he was going to die.

"And he was quite blunt with him and said something like 'the end is virtually here.'

"The consultant went out of the room and that's when he said it.

"It's cruel beyond belief. Not just to Jamie but also to the family.

"It really hurt his kids to see him being treated as a nothing."

On social media, Dave added: “Jamie throughout his life was never one to be seen crying other than at the death of close family members.

“But from December 2018 right up until his death in April we saw him cry many times in total frustration that delay after delay was being caused by the DWP and nobody was there to help him through it.”

(Image: Facebook)

He added: "Those precious moments were taken away because he didn't know what was going to pay for the next couple of hours of electricity.

"He wasn't the same as soon as the results of that ridiculous DWP medical report were published. Every day he was distressed about his continuing PIP hassle."

Now Dave has vowed to seek justice after blundering bosses sent a letter to his brother offering an appeal.

He told Mirror Online: "That was the final straw to be honest.

"Especially when I had told them about his death in April. I even sent the letter recorded delivery as I knew they'd either lose it or something would happen.

"Yet they still wrote to him at his old address and invited him along."

Now he has sarcastically offered to bring his brother’s ashes to the meeting which is scheduled for next month.

He said: “My brother was already broken over this. He wouldn't want any more people to suffer this way.”

(Image: Getty Images)

Jamie had been marked “physically fit” despite struggling to get out of bed or go to the toilet alone, claimed Dave.

He added: “Nearly five months after he died, and they have been notified umpteen times, the DWP have invited my late brother, James Oliver, to his Personal Independence Payment Appeal hearing in late September.”

“No they didn't write to his representative (me), they wrote directly to him at his old address.

“Well if they want to see him at the appeal hearing, I shall take along my "share" of his ashes and we shall see just how responsive he is to their questions.”

In an emotional post on social media, he blasted Work and Pensions Secretary Amber Rudd, who is also the brothers’ MP.

He added: “Amber Rudd, our dear MP, who also happens to be in charge of the DWP, was supposedly already dealing with the fact his claim had been declined twice (wasn't sick enough apparently).

“Well her involvement has been so wonderfully useful, they are still writing to a dead person at his original address, even though they have all my details.

“I honestly cannot think of an organization as shambolic, insensitive, incompetent and unhelpful as the DWP and the sooner all this PIP/ Universal Credit fiasco is kicked into touch the better.”

“To say I am p***ed off and angry is an understatement.

“How insulting for his kids too, one of whom found the letter addressed to their dead father!!”

A government spokesman said: “Our thoughts are with Mr Oliver’s family at this difficult time. We are very sorry for the distress caused and are looking into this to prevent it happening again.”