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speedfreek

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Everything posted by speedfreek

  1. Depends on a few factors but from UBs entitled to link already claim Housing Benefit and you move within the same local authority have a choice - remain on adjusted Housing Benefit or claim Universal Credit if you will be better off So talk to your Local Authority. - generally as long as a claim exists a change of circumstances should be fine and the existing claim continues.
  2. They've probably just updated the letters sent out to reflect that decision rather than anything sinister - amazing how quick the DWP can move when it's in their favour (sic). If it stops people unwillingly/unknowingly accruing an overpayment then I say it's good thing! On the PIP claims don't delay on the new claim waiting to gather evidence for a home visit as you'll just face the same problem. Seriously don't! You really shouldn't have withdrawn you 1st PIP claim and fought the home assessment as recent rulings on PIP conversions and FTA (failed to attend) a PIP Face to Face decisions won at 1st tier tribunal (which I think you stand a decent chance at) now put DLA back into payment until the PIP assessment happens when ever after the fact that might be. Don't beat yourself up over it and if you can CAB or Local Council or other advice services would be well worth contacting to see if they can rescue this... put you in a better position. Just get that new PIP application in! On home visits...... There's a magic list of conditions in the ATOS internal guide - which automatically get offered; 1, a home visit 2, after a fight tentatively offer a taxi 3, refuse 1 & 2 You "just" need a letter from your GP or other recognised medical professional explaining why you need/asking for a home visit. That's it! You send it to ATOS or whoever and then wait. Expect a fight as anxiety sits in category 2 and they do not like paying for taxis. Neither is a home visit out of the question if you hold your ground. I sent a GP letter in with my ESA 50 form requesting a home visit when I 1st applied for ESA in 2010. I was not offered a taxi and when 2 phone calls later was told to send a GP letter... they got a bit flummoxed when informed that my GP letter requesting a home visit was sent with my ESA50. Several phone calls and cancelled F2F appointments later a taxi appeared!!!!! Could have held out but you get to the point you just want it over! Nower days 40 mins walk to my F2F or 20 mins + 2 tube stops and a diazepam is a lot less stressful than arguing with them!
  3. There was an Upper Tribunal decision on an overpayment of SDP paid with an ESA award due to either DLA or PIP ending (can't remember which?) recently that held that the claimant was liable because they failed to inform ESA that the qualifying benefit had ended. Basically they should have known the SDP payment was wrong and taken steps to actively stop it Bit of a big change that one as previously it would more than likely to be written off as an Official Error by the DWP as ESA should automatically receive a stop notice when the qualifying benefit ended. Really depends on how long it went on for though..... I noticed a few years ago that I was still getting SDP for a few months when my DLA award was lowered. Called them and they said not to worry official error
  4. unfortunately because uc has automated triggers built in apparently (only anecdotal evidence) a fit note of 8 or longer weeks trips the computer to send out a uc50. How many GPs will know that as they try and reduce needless appointments and stress for their patients.... my last fit note was for 6 months! only because I keep up to speed due to paranoia I'll be asking for 7 on transference. You should never have been asked for a fit note by the DwP as you had a support group award and that should have carried over. from what's being written by rigthsnet advisors about this that and the other it's pretty clear from tomtom256 posts that what they have been told is quite wide of reality. If you can lodge a complaint and maybe see if somebody mentioned in the rightsnet thread would be interested in taking an early warning/maladministration case forward. It's absolute pony but once triggered the DwP will hide behind the we can reassess at any time so I feel for you! Received today my appointment for ESA face to face dated 15th for 27th - unknown telephone call yesterday I didn't answer as only my landlady has that number and Dwp... so I think they are playing silly buggers again. Life sucks )
  5. Incapacity Benefit Computer System (OPSTRAT) Systems Administration RM is on ESA and rigshts net talks CIS. If I'm wrong its all good! If not I'd rather have RMw prepped for worst case. If you understand worst case you can fight and beat anything lower than that!
  6. I take that back as........ find benefits in the new format ....... had a lucky click. because I sort of knew where I wanted to be........... Sort this shot out ffs!
  7. Read this https://www.rightsnet.org.uk/forums/viewthread/11307/P| They can look at CIS to find out your status and they know they can! An over 8 weeks fit note auto triggers a new WCA under UC so...... Either way your tailored UC claimant commitment ......... Equality act - local law centre/cmpg/etc bang
  8. You could simply have a few stickies that contain/collate listed links for certain individual benefits. Going to be a lot of crossover so a simple link to the answer/thread/post and everything is good! It's not (5 banning points awarded by a mod - insert favourite word about sex beginning with f here) rocket science? Although the ing at the end might be stone cold Olympic Ice skating 10! Rightsnet up dated not long ago and did a very good job of it. Here whilst I'm neither here nor there I'd love to see the disability impact study you did of this change????
  9. Sorry you seam to have mixed up my concern with whatever......... The https://www.consumeractiongroup.co.uk/forum/111-benefits-and-hmrc/ now only shows sticky posts on the 1st page. An actual and valid post asking for help now will only appear on page 2 when it is created. If you seriously do not understand how this might be an issue........ I truly despair! If I ask a question it has to be on page 1 as who [removed] is going to go to page 2 to help me for a new questin? Well you seem to think that will happen but.......... Nobody disabled is going to now get past page 1 as there is zero new content there. I can turn on caps lock if you like but you ain't listening are you!
  10. Desktop Opera but whilst for the past 10 years or so we had sticky threads then user threads. Now I have multi coloured stickies whole of page one then I think but am not sure user threads starting on page 2 what is going on?
  11. Well good old Gordon Brown or was it Laudy Fraudy in the New Labour govt who tried to stop the DWP from issuing these because the DWP always gets things right as they stated in a Parliamentary question response. Uproar followed by a U-Turn occurs rather quickly iirc! Well after the DWP quietly stopped collecting statistics on their food bank referrals.... just like all that other data they claimed they didn't collect but was released after massive fight even ignoring the Information Commissioners Rulings. They've actually gone and done it! Stopped all referrals to food banks... and who did they announce this too? Originally found this via a Reddit post pointing me to here http://www.leweseye.co.uk/social-security-benefits/dwp-bans-local-foodbank-referrals/? Now gaining national news traction and hopefully we can add to the traction as quite frankly I'm beyond appalled!
  12. I'm no expert but they can come after the person who executed the estate at a later date iirc but I really know nothing about estates only benefits I'm afraid! So fighting an over payment - yes Estate issues nada!
  13. I do most of my Council stuff online via their web portal, also most of my GP stuff via (use to be EMS) https://www.patientaccess.com and book my next hospital app via their online bookings system so bonza! PIP appeals https://www.gov.uk/government/news/new-online-service-launched-for-pip-appeals Check area availability as it doesn't cover all areas atm MoJ is also trying and failing atm to launch a PIP appeal via video link service. I've been having a few barnys with NHS services over disability accessibility/adaptation well lack of it. So think this is a good thing? ESA appeals on line https://www.gov.uk/appeal-benefit-decision/submit-appeal England and Wales only Upload your fit note https://www.gov.uk/send-fit-note I think one complaint for all is that is doesn't send you a copy of your submission but you should be copy n pasting to a word doc (or what ever you use) for your own records anyway. Imagine if the fully online Universal Credit service could do that? Well apparently it might do in 2020 (only 6/7/8 who knows years after launch) but you might at present be able to ask your work coach for a 'to do' whereby they can enable a one off upload function on your journal.
  14. Asking for 10 years of statements is a bit much tbf so.... that's up to you If/when the DWP come at you with an over payment demand you'll have to do a SAR to the DWP and maybe even the bank - which I consider doing after the DWP sends theirs if you think there's anything amiss) anyway if/when you decide to challenge it. Which you should! Doing it now 1 get's the 30+ days (well expect months and a few follow ups) wait over with and will also save you that time and waiting before you finalise the estate and can forget about it. The DWP are on a very active trawl for old debt atm since they can claim it from Universal Credit. Historical debt recovery immediately and without so much as by your leave is an endemic scandal that's only just being recognised under UC. Add to that if you take out their loan (sorry advance) you're then faced with massive sums being culled from your UC payment. One of the major issues with this historic debt is that they often ave zero proof of anything except a figure that the computer system doing the trawl coughed up. Seriously that's it! It took quite a lot of shouting by certain forum members before the advice on theses boards changed from you must owe it so have to pay it to........ send a SAR see what comes back then either challenge or pay. The DWPs computer systems are old and creaky and often have incorrect data like crossed Ninos, claims not closed properly or final (or any) social fund payment etc not recorded as they were done manually. So the fact they can now recover and are actively doing so with impunity due to legislation is wrong imho.
  15. Seriously do not do any of this! The DWP are fishing for evidence and their IUC teams do not understand benefit laws! So..... Stop think complain! You providing them with more evidence they can twist outside of benefit laws/regulations.......
  16. Correct on all parts except ESA is a single benefit made up of 2 components Income and Contribution. The DWP split them for administrative purposes only and then tried to tell people that they were separate and exclusive with zero legal or regulatory basis. They were told this in 2013 2014 ..15... 18 and refused to accept this fact until they lost a Judicial Review brought by CPAG earlier this year. Read this https://www.rightsnet.org.uk/forums/viewthread/5928/ You can be awarded Conts ESA but also be entitled to the Income top ups EDP and SDP. Well if the DWP bother to assess you for them..... which they didn't! Having the Income top ups then opens up free prescriptions, housing benefit etc. Edit: On the Council Tax thing for a zero bill you have to satisfy the Severe Mental Impalement rules with most Councils I use to pay 10% Council tax but currently have a zero bill so full Council Tax Support or whatever it's called.
  17. I disagree somewhat as they are not expecting the tax payer to buy the boiler but the landlord. The landlord who indirectly is being paid by the Council. Say I have a plumbing emergency or the couch breaks..... if when I phone my landlord and they go pay for the plumber or buy a couch and take it off the next rental payment. I wouldn't bat an eyelid as I've done it before. In your example/view I would be committing fraud if I didn't tell the Council that I was paying less that month and the Council then reduced my LHA payment too me for that month. Which is silly as all I've done imho is pre pay that part of the rent in advance with the balance due as normal. Granted where this gets complicated is the reduced rental payment overtime to recoup that outlay but the principle is exactly the same. I'd be looking to appeal any decision on the rental amount and any overpayment if it was me and I'd also try to find help with that challenge. Not that long ago my Council were offing grants for disabled people who privately rented for a free new boiler amongst other things. As for £3000; a new Vokera Vision 30c Combi Gas Boiler (which my plumber raves about and fitted last year in the flat I rent) is just under £700
  18. What tomtom said. You need to argue that the rental amount has stayed the same but that you have paid x amount of that in advance. Say you pay 6 months rent up front - although no money changes hands over that 6 month period your still liable for the rent so.... eligible for housing benefit for that period. See here https://www.rightsnet.org.uk/forum-archive/index13b3.html I suggest contacting shelter for advice as it's unclear what arrangements you made with your landlord As long as your contract says x amount then that's what should be paid
  19. You haven't read the Rightsnet link I posted as it's about the IB to ESA conversion.
  20. DWP didn't follow their own rules when converting people to ESA - ESA is 1 single benefit made up of both Contribution and Income elements. 1 massive Court case the DWP lost later they are trawling conversion cases looking for people who should/could of also been entitled to income top ups/premiums at point of conversion. They also lost trying to limit that trawl to cases after April 2014. Read this https://www.rightsnet.org.uk/forums/viewthread/5928/P390
  21. It's apparently both endemic and random so...... Have a read of this and also have a look at the links in post #5 https://www.rightsnet.org.uk/forums/viewthread/13298/ Best suggestion would be to write to the hospital/NHS Trust and lodge a complaint. Explain this issues and what you require off them to solve it. I'd also cc that to you local MP to make them aware of what is an endemic and growing issue between the NHS & UC with regard to all NHS costs and ask for their help in resolving your personal issue and making Parliament aware.
  22. Have a copy of MINDs GP letter My tailored letter to my CMHT I've got an appointment with the CMHT at my local 10-15 mins walk hospital on the back of that so..... My local job centre is going so since my ESA wifi person - nice lady In fact can't fault her as she's lovely - has told me my next appointment will be at busy place down a few busy busy High St's far far away. plus it's mangers discretion on which JCP you attend I'm intending to ask for a switch using another letter (same as above) to my preferred JCP office (there's 3) over their preferred! Try it! But don't push it.....
  23. I hope that we all understand https://www.mind.org.uk/information-support/legal-rights/disability-discrimination/public-sector-equality-duty/ MIND keep changing the page! The last one had a template letter to the DWP which I modified and sent to my local CMHT with surprising effect I use to be able to get to X with Y help.... now that you have closed X in order to get to Z I would require an adjustment of..... GO get em
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