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ErikaPNP

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Everything posted by ErikaPNP

  1. Closing this thread as it is years old!
  2. Yes, you are entitled to written notification of the decision. You can appeal against the decision and should on the grounds that as you say, the information is factually wrong. I'm in agreement with others in regard to your getting to a refuge, and quickly - tonight if possible. Make sure that you notify the DWP of any change in your address so that you get any mail in relation to your appeal delivered to where you are staying. You do not need to have children to go to a refuge. Call free on 0808 2000 247 - this is the domestic abuse helpline and is run in conjunction with both women's aid and refuge. The line is open 24 hours a day, 7 days a week and will try to locate a refuge for you. Because of the limited spaces, you may have to move into a refuge that is not within your immediate locality. If you are going to have difficulty getting there, they may be able to help you to get there. I do not want to frighten you but you need to know that if your partner is vetting your mail, there is a possibility that he is also monitoring what websites you visit and the posts you are making. But you can stop him from seeing your history of visited websites. To hide your web history from him, take the following action in accordance with the browser that you are using: Search Engines and toolbars Search engines and toolbars (think yahoo/google/bing etc) record the words you have searched for. To remove the search words you will need to look at the instructions for your toolbar/search engine. If you can't find instructions, pop a post in our technical forum where someone may be able to help. I use google, with google, all you need to do is click the google icon and select 'clear search history'. Browers Microsoft Internet Explorer Viewing history If you’re using Microsoft Internet Explorer 7.x: Click the Tools menu and choose Internet Options Click Settings under the Browsing history, then click View Files If you’re using Microsoft Internet Explorer 6.x: Click the Tools menu and choose Internet Options Click the Settings button, and then click View Files Deleting History If you’re using Microsoft Internet Explorer 6.x and 7.x: Click the Tools menu and choose Internet Options Click Delete Files or Delete You can also delete files automatically each time you close the browser window by clicking the Advanced tab. Choose Empty Temporary Internet Files Folder When Browser is Closed from the Security section If you’re using Microsoft Internet Explorer 4.x on an Apple Macintosh click the Hard Drive icon and choose System Choose Preferences and then click on Explorer Moving the history file into the trash If you’re using Microsoft Internet Explorer 3.02 or lower: Click the View menu and choose Options Open the Advanced tab and click Settings Click the Empty Folder button Mozilla Firefox Viewing History Press Ctrl + H to open the left-side history bar. Or click History at the top of the window If you’re using earlier versions of Mozilla Firefox you can also view your history by clicking Go and then History Deleting History Click the Tools menu and choose Options Click the Piracy button and under History click the Clear or Clear Now button Netscape Viewing History Open Netscape and click the Edit menu Choose Preferences and then History to view the location where Netscape is storing your files Open the relevant folder within Internet Explorer Deleting History Clicking the Edit menu and choose Preferences Choose History, and click Clear History Opera Viewing History Open the cache folder in you opera folder Microsoft Windows users can often find this within C:\Program files\Opera\ Deleting History Click the File menu and choose Preferences Choose History and click Empty now You can also click on Empty on exit if you want to delete your history every time you leave your browser Safari Resetting Safari clears the history, empties the cache, clears the Downloads window, and removes all cookies It also removes any saved user names, passwords, AutoFill data and Google/Yahoo search entries Go to the Safari menu at top left hand screen Choose Reset Safari, and click Reset Hope this helps somewhat.
  3. Hi there. You will get your ESA reinstated at the assessment rate once your appeal has been received by the DWP. Until then, your only option is a crisis loan I'm afraid. You can print a GL24 form here. They are looking at changing the appeals process but are still at consulting stage at the moment so this does not affect your appeal.
  4. I've seen quite a few SAR responses. The DWP normally include a list of abbreviations in alphabetical order. They have proven extremely useful in most circumstances, either identifying errors the DWP have made or clearing up a misunderstanding. But in recent years, I have noted an increase in non official abbreviations being used - that's usually for clerical records. System abbreviations usually are all the same with information such as capital input by staff. Saying that, I deal with these things fairly often so depending on the benefit involved, I may know exactly what it is I am looking for and in some cases, where to find it. For some claimants I imagine that it could be very confusing when the bundle first arrives. However, SAR's tend to be like that in almost every company, with abbreviations being used and confusing record/account prints. When I first stated doing it, I would look to the list of abbreviations to identify what the abbreviation was for the area I wanted to find out about. I'd then scan the pages to look for that particular abbreviation and voila - there it was, along with the information I wanted. Now I usually know where to find it, it's like recognising a picture, the way the page is set out, so I can just flick through the paperwork to find the relevant print. It also used to be very easy to simply ring and speak directly to an experienced DM when we weren't sure of the meaning of some information but with the contact centres in place now, it's not so easy. I can waste a whole day trying to find out the meaning of one line of information. The contact centres often don't know themselves and trying to speak to a DM who probably will know what the meaning is, is like trying to get into fort knox.
  5. If you want to see the legislation, a link has now been added to the first post on this thread.
  6. The Welfare Reform bill has received Royal Assent. It does not yet appear on legal databases but this should happen soon. The law will change benefits as we know them for many, with some changes taking effect sooner than others. Click here to read the DWP news release, which highlights the key changes. Once I have more information, i.e a publically accessible link to the new legislation, I will add it to this post. EDIT: Legislation now publically available but as yet only in PDF format. An online version will follow at a later date. Click here to be taken to the legislation.
  7. Insert the appropriate details next to the red text, enclose £10.00 and send it to: Child Support Agency Information and Devolution Room BP9202 Prudhoe House Benton Park View Benton Park Road Longbenton NEWCASTLE UPON TYNE NE98 1YX
  8. Cases of the upper tribunal set precedents. You can search for decisions on the tribunal database. Click here
  9. The BIC is a new fangled thing the DWP set up last year to review claims. It's not fraud or compliance. Any benefit claim can be selected though if anything fraudulent is detected on a claim being reviewed, it would be forwarded to either fraud or compliance for further action. You can read more information about it here (page 3)
  10. Ooh, so what I heard was correct. I did wonder as I heard about it a while ago but not a whisper since. I'm always wary of putting information up when I'm not certain of the facts, so thank you for confirming.
  11. You can find vacancies for any governmental job by doing a search on the civil service gateway. Click the drop down and select Department of Work and Pensions for vacancies in the jobcentre. I know that the DWP run a 'competency' based selection process with three stages. This means that on top of the usual application form, there will be a section where you will be given a set of scenarios with multiple choice answers to say how you would deal with that particular situation. If the original application is successful, the next stage is a literacy and numeracy test - I don't know how long the test takes or what is involved other than it tests literacy and numeracy skills. In this day and age, I suspect you would probably be allowed to use a calculator. If successful on the test, you would be invited to a competency based interview. This is where they ask you for real life examples of how you have dealt with specific situations. You can find more information about that by clicking here. If you get selected, you will be trained for whatever role you are to be placed in, internally by the DWP. I also believe that there are CRB checks. I know that the DWP have an initiative on just now for 18-24 year olds to gain work experience and several businesses are involved. I heard that some DWP offices were offering work experience themselves but if there is any truth in it, I don't know - worth asking your jobcentre advisor about though. However I would have thought that any temporary placements in DWP offices would not offer deep involvement within the department, as aside from not being able to train someone effectively in a short period, there would be data protection issues to consider, so the experience may be very limited. There are some members who come here who work in jobcentres and other varying roles in government - they will know more about it than me and will hopefully pop in at some point.
  12. You do have the right to appeal, but no right to payment of the benefit pending the appeal outcome. Payment of the benefit pending an ESA appeal outcome is only made where the assessment had been attended and the claimant has not attained enough points. You can put a new claim in whilst you are waiting for the outcome of the appeal but unfortunately they will not pay any money on the new claim until an assessment has been attended - unless you are claiming for a new condition or the original condition is significantly deteriorated. What you can do for funds in the meantime is as per my last post. Alternatively you could claim JSA pending the appeal but this carries its own issues if you are unfit to fulfill the agreement. I would strongly advise you to appeal and to submit a SAR for all information they have held on you since the beginning of your claim, including prints from the customer information system (CIS). Even if they have changed your address on the CIS, previous entries cannot be over ridden - they will still be recorded there even if they are showing as 'void'. This is what I have used in address issues. DWP do not charge for SARS.
  13. Hi worried33. If you are receiving housing benefit, this is not dependant on your being in receipt of another benefit. You would need to contact the local authority who will re-assess your housing benefit based upon your income and capital (or lack thereof). You should also be able to claim crisis loans as alignments to a new ESA claim - if it gets that far. It's not the situation I would like for you, ideally your claim would be reinstated and a new WCA arranged but if it comes to it, those are the sort of things you can do. Hopefully your MP will have more positive news for you tomorrow. Let us know and we will provide further advice where we can.
  14. If a person fails to attend an assessment without good cause, they will be determined to have no limited capability for work and the claim to ESA will be terminated. When considering good cause, factors they will take into account are: Whether the claimant was outside GB at the relevant time The claimant's state of health at the relevant time The nature of the claimant's disability. If they do not accept that she had good cause and terminate her claim, she can re-claim it but no payment would be made until she attends an assessment, unless she is claiming for a new condition or her condition is significantly worse.
  15. Ok Steve I have done that - thank you. I'm not in a great hurry as they haven't called back since the second call, so just when you are ready.
  16. I can't see the messages but hardly go into skype. I've clicked on your name and clicked on view messages but can't see anything
  17. I can give you my opinion but it is only an opinion... Giving her petrol costs for the fuel consumption as a result of assisting you, is not really any different to your paying for a taxi to do the same. Why would you pay stupid costs of taxi fares if she is able and willing to take you at a significantly lower cost? I also see it as no different from paying a friend's petrol costs, I see nothing wrong in it. You are not contributing toward her costs, you are contributing toward the cost of the fuel which is used for your benefit. I don't recall (in fact not sure I even know) why you are on ESA but I would suggest to you that if there is a possibility that if you are eligible for DLA that you apply. If you qualify for the higher mobility rate and choose to go for the mobility car, she can be your named driver - you don't have to be able to drive yourself to go on motobility. If you qualify for mid or high rate care, she could also claim carers allowance for you.
  18. Just to clarify the situation re disclosure. It is a common misconception that all changes regardless of whether they affect entitlement, should be declared. It's also something that I (and I know advice agencies) encourage people to do - if they declare absolutely everything then it does cover every eventuality and avoids misunderstandings later on - particularly for people who are not sure what they should declare. So to this end, it's unsurprising that there is some confusion around the issue. Not every change must be declared. Only those changes which effect entitlement must be disclosed. The claims and appeals regulations 1987 stipulate that a claimant shall notify the Secretary of State of any change of circumstances which he might reasonably be expected to know might affect the right to benefit, or to its receipt, as soon as reasonably practicable after its occurrence, by giving notice in writing of any such change to the appropriate office. SS Fraud Act 1992 states: There is also case law which clarifies this in R v Passmore which resulted in fraud convictions being quashed. Working in itself has no adverse effect on a DLA claim because it is not an out of work benefit. If there is a change in circumstances, disclosure is only necessary if it is going to have an effect on the amount of benefit payable. That said, I would still advise that if people are uncertain about whether or not they should declare something - declare it. Cover thy back end.
  19. Thanks, life-goes-on. This thread was supposed to be locked but I must have unlocked it at some point. I'll leave your post here for interest, but once we move into the 2012 rates, a new post will go up with just the 11/12 rates - just in case you wonder where your post went.
  20. Phone rang - two rings then it stopped. The called ID showed them as being 'out of area' (so a foreign no) I picked it up and it had connected without going through the truecall screening. Someone with a thick accent asked to speak to 'Elizabeth'. I told her no-one here by that name and hung up. 20 minutes later, it happened again. Same thing - two rings then it stopped, I picked up and someone was on the line. It was the same woman, this time asking for 'Clara'. I've got the truecall set to screen all calls. I know we can't 'zap' international numbers but I didn't realise that they could circumvent the scanning process.
  21. You can apply for a budgeting loan for household items and removal expenses. They are not much (£348 for a single person, £464 for a couple, £812 for a family) but will help defray the cost somewhat. The loan would be repaid from your benefit. You have to have been receiving an income related benefit for 26 weeks or more to get a budgeting loan. There are Community Care Grants but these can only be awarded to: help people establish in the community following a stay in institution or care home in which they received care help people remain in the community rather than enter an institution or care home in which they will receive care ease exceptional pressures on people and their families help people set up home in the community, as part of a planned resettlement programme, following an unsettled way of life help people to care for a prisoner or young offender on release on temporary licence, or help people with expenses to make certain journeys such as attending a relative’s funeral or visiting someone who is ill. There are also other options available to obtain household goods for free such as the websites freecycle or freegle.
  22. Hi there. An interdict can be applied for in these circumstances but she will need to do this herself; you cannot apply for an interdict on behalf of a person unless you are their parent or legal guardian. I almost had to get one a while back and began the process. An interdict does not need to be applied for by a solicitor but the process is complicated so it's best to consult one if she is not sure of legal processes. The solicitor will have to take some information from her and witness statements from other people if possible to build a case for the interdict. The more information he has of past behaviour, and the more proof (the convictions come in handy for this) the more chance of getting an interdict granted. He will then put a writ into court to commence the process. If there is a risk that the grandson will approach the victim meantime, she can ask her solicitor to request an 'interim interdict' which is basically a temporary interdict which is in place until the final decision is reached. The court will serve papers on him, advising that an interdict has been applied for and he has the option to object to the interdict. If he does object, there will be a hearing where both sides put their story across - she may not have to attend as the solicitors can do this between themselves in the court, in most cases. The sheriff will consider the evidence and decide whether an interdict will be granted. The downside is the cost and the desired outcome. It can cost between £800 to £1000 to get an interdict. If he breaches the interdict then the victim will have apply to the court for breach of interdict proceedings. The police cannot arrest someone who breaches an interdict unless a power of arrest is attached to the interdict. An attached power of arrest has to be applied for at the same time the interdict is applied for and it is not something that is granted as a matter of course - it can also only last for a maximum of three years, after which it would need to be re-applied for. Without a power of arrest, I personally feel that an interdict isn't worth the paper it's written on if the perpetrator is likely to ignore the order - but if they are likely to obey it then yes, it is worth it for peace of mind. Hopefully this is helpful but do have a look around for solicitors which offer free consultations. That way she can have an initial chat with a solicitor and get an idea of whether it would be worth it.
  23. Usually, yes but if you are above the Budgeting Loan debt level for your circumstances then no. The smallest award they can make for a bugeting loan is £100. The maximum award for a budgeting loan depends on whether you are a single, a couple or a family and are as follows: The most a single person can get £348 The most a couple can get £464 The most a family can get £812 To apply, you need to complete an application form and send it to the office that processes Social Fund for your area. To get an application form and return envelope, you can phone the Social Fund on 0845 6036 967 and ask for budgeting loan form SF500 to be sent out to your home address. Alternatively, if you would rather print a form off yourself and know where to send it, click here to download the application form (PDF format).
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