Equality Act!

You'd need to find somebody competent legally to initiate the complaint using the correct laws and arguments.

You should also be able to challenge any action if you think it's unfair or will cause you harm and ask a DWp Decision Maker to rule on the action.

Have a look at this on Rightsnet http://www.rightsnet.org.uk/forums/viewthread/10010/

The suggestion of contacting MIND for assistance or a charity more related to your health condition/s would be advisable.

Searching that forum should reveal other approaches like complaint v's the person refusing and how to challenge, as bringing a legal case will take time years in fact.

Although if you sound like you know what you're arguing and stick to the point you will probably get them to back down by threat of an Equality Act action alone.

I'm just ill so can't help or advise any more than that!

You say they have to, is there policy for this that I can use when I go in tomorrow?

2&3 are covered here

https://www.westminster.gov.uk/identifying-your-need-for-housing

Our priority is to help you avoid becoming homeless. We can do this by negotiating with the people you live with or your landlord, giving you advice, or by helping you find another home quickly.

 

If we cannot stop you from becoming homeless we may have to give you temporary housing while we investigate if we have a duty to provide longer term housing. In the first place this is likely to be hotel type accommodation. Half of our temporary accommodation is outside Westminster.

 

Councils no longer have a duty to offer homeless people a council or housing association home but can instead offer them a property with a private landlord.

 

This is a guide to the tests we must apply under the 1996 Housing Act (as amended by the 2002 Homelessness Act) to decide whether we have a duty to house you.

iirc i think the the MP thing is correct you should approach your local Counsellor and then the Head of the Council.

My landlord has been remarkably patient. I'm fairly sure they don't want me out, they just want the rent paid.

My local councillors did not respond to any of my emails, I am going to the surgery on Saturday morning to see if they can help at all.

I am disgusted that Housing benefit can put me in this position though.

I'm really unsure of what you are waiting on?

If this has been to court and a possession order has been granted then you take that notice to the Council.

Court papers would have been issued and sent to you informing you of the possession hearing and asking for your defence and any mitigating circumstances to extend the possession date granted by up to 40 days.

If your defence was unsuccessful you would then have received a notice from the Court with a date from which the landlord could enforce possession. If you still refuse to leave once that date has passed usually a County Court bailiff will be sent to legally remove you from the house as and when they turn up. The transfer to the High Court just just a shifting from overburdened CC bailiffs to swifter High Court Bailiffs to enforce the possession notice. Nearly Legal has an interesting piece on how this might not be being done legally.

The constant request for the same information from the Council usually means there is an error on your claim which they are refusing to admit, spot or fix. Been through this one when somebody entered my final wage payment as my recurring monthly wage.

You need to take your possession letter to the council and ask for their housing options team. Check on Westminsters web site for what identification documents proof they require and take more in a belt and braces approach.

You want then to;

1, sort out your benefit claim (this may take you sitting with an actual housing officer going through your whole claim to see where the error is)

They have too;

2, talk to the landlord for you to stop them proceeding with enforcement and negotiate a settlement that allows you to stay.

3, put you on the housing register as you have been issued a possession order. This should have happened well before it got to court and the possession order issued.

Westminster are notorious for being a bit rubbish and illegally digging it's heals in so......

This site is quite good reading to learn/spot when/how your council is being naughty and homelessness.

http://nearlylegal.co.uk/2016/06/gatekeeping-special/

Having gone through Council error then successfully defending eviction possession due to non protection of my deposit you have to be proactive, you have to be resolute when you know you are right, you also have to tell the people apparently supporting you what the law is and how they should help you!

Is it true that with the High Court judgment bailiffs will arrive without any notice?

Yes. Although you will usually be told that the notice has been granted.

What has your solicitor told you to do?

I'd call SHELTER and ask for their advice urgently as you already been served a possession order with a date that has passed.

Although you might not like this idea the Council will have a Department called something like Housing Options SHELTER will probably say that you need to take your paper work to them for emergency housing etc.

After scoring zero points on my 3rd WCA assessment (so no change there ) I find my self in a dilemma!

Do I or do I not claim Universal Credit [uC]

Well....................

http://www.rightsnet.org.uk/forums/viewthread/10218/

http://www.rightsnet.org.uk/forums/viewthread/9951/

That's in Full Service areas I'm still in a single claimant area so.....

I'm going for it.... ;

a. LHA change of circumstances in today NIL income declaration well except for DLA,.

b. going to have to argue for an annotated fit note from a GP I've seen before from here http://www.rightsnet.org.uk/forums/viewthread/8408/

c. sent off the SAR and Mandatory Reconsideration with proof of posting this morning.

Now the basics of the argument are;

a, as you have not claimed UC there is no new claim nor conversion to UC regs.

b, as there is no new claim nor migration it's all just a new phase in the same ESA claim which REG 30 applies too

Antone knows there shizzle on this procedural stuff so maybe can advise?

So ESA at assessment rate with DLA/.PIP premiums is still....

Since you have not asked question about benefits nor supplied a TDLR

Reported!

40 miles sounds excessive.

Search for your local Capita Pip Assessment Centre http://www.capita-pip.co.uk/en/locations.html

If it's not the closest, over 90 mins travel or you think it's excessive travel for your condition then complain.

Anecdotal evidence says they pick the 1st available appointment at any nearby (well any no matter how near) centre not the closest.

If there is a reason you have to have a home visit then you have to have that documented in a letter by a GP or a carer etc.

There's also a list of medical condition where home visit - tentatively ask - provide taxi - etc is listed for PIP.

Oh there is no set in regulation rule that there can only be one re-arrangement!

Its a myth as that doesn't exist.

Atos/Capita can change your appointment as many times as they like, whist DWP guidance (which is not legislation) says if you re-arrange for a 2nd time it has to be with good reason. The real trick is to argue that it's their issue not yours so it them changing the appointment not you!

Okay filtering out all the rest of it what exactly are your grounds for appeal?

You also really need to be a bit/well a lot more specific in the dates and what actually happened as its a little confusing.

So far I've got;

1, you were transferred from IB to ESA in March 2013 you were placed in the WRAG

If you were on Contribution ESA that would end March 2104?

2, You were reassessed in December 2013

3, ESA stopped March 2014

4, You were informed of the decision of the December 2013 assessment in August 2014?

Taking that as it is.........

a, if took 8-9 months between 2 & 4 above then you may have grounds for a complaint against the DWP for an undue delay in making a decision causing you financial loss.

b, on conversion from IB to ESA they may have failed to assess you for Income related ESA.? There's a massive thread about his on here http://www.rightsnet.org.uk/forums/viewforum/3/ If this is the case and you fit the criteria for both Contribution and Income Based ESA then a tribunal can make a new decision as if it is March 2013. ESA doesn't stop if you have even 1p worth of income entitlement even if that 1p is not being paid due to other factors like transitional payments etc!

c, you were not told things which would have caused you to do things? Will only work if the DWP failed to or incorrectly notified you of something or you have some specific (I apologise as I'm quoting DWP here) disability that would have prevented comprehension of what was sent.

Only options b & c can be used at a Social Security Tribunal

Id suggest;

1, find out if you fit the case for b

2, take all this plus your papper work to somebody either CAB or specific to your health condition who can help

3, fill in the blanks Ive asked

4, keep us updated on progress

Have a search on the rightsnet discussion board.

The DWP have had to come up with a list of all possible WRA as there was a big tribunal win last year that argued;

since the DWP can not say exactly what WRA was

EVERYBODY was covered by reg 30? so should be in the support group.

It was a bloody good argument tbf!

Not sure where you find a copy of it but it's out there.

I'd be celebrating as DWP/Maximus have just dug themselves into a hole. Start going through their evidence and list everything that is 'inaccurate' and identify your proof e.g. 'transcript line 33'. Enough factual errors in the evidence means that the tribunal really has no choice but to disregard it as unreliable, since if they don't without very, very good reasons it's a strong candidate for a further appeal on grounds of error of law.

 

When organising your evidence, which would include the list of inaccuracies, I've read advice that you should focus on the most crucial errors and inconsistencies rather than pick up every single point. I would prefer to mention every single error, but organise it so that the most important are at the front of the list. For example, the report for my PIP claim omitted any mention of 5 pieces of evidence, 6 medical conditions and 2 consultants on the first page, all of which are such crucual factual errors that a tribunal probably wouldn't even have to consider anything else in order to chuck the whole thing in the bin. However, tribunals have been known to make errors of law, so I would still list every single other error, no matter how trivial, but leave the really trivial stuff (spelling your admittedly complicated name wrong) to the end.

I fully intend on doing just that , i will be listening intently to the audio recording and comparing with their paper work ,to see what else is wrong ,

Do not under any circumstance do this

Your mission is to explain to the Tribunal how and why you score points for each descriptor (or how you hit a special rule) which is why you qualify for ESA.

You do this by collating your evidence (GP records, phone a friend, note from your mum, whatever) and presenting it in a way which says;

I believe I score X points under descriptor Y because.........see attached GP record page backed by a note from my mum.

What you are trying to do is give weight to your evidence over what ATOS/Russell Crowe in Gladiator have written and the DWP have taken as 100% verbatim.

You then add a brief and I mean brief explanation of why the DWP interpretation of/ESA85 report (is it still?) has got it wrong and why......

Job's a good un

I honestly believe that the reason these reports are so bad is too get you so riled up that you forget to argue the points but write a 50 page diatribe about the report

I had my 3rd face to face WCA 2 weeks ago so..... 3rd time lucky or like the Eurovision song contest Speedy UK nil pwonts

I can't believe how difficult it is trying to find someone to help fill the form in for me.

Have you thought about explaining what you need and asking your local MP/MPs' office for help?

Or where they think you might get the help you need?

Bit of a long shot I know but.....you never know!

So... First time delving into the benefits forums but a strange one.

 

So I started a claim on the 9th April. I know for 7 days you dont get paid.

 

So my assessment period runs from 16th April Thru 15th May and payment 7 days after.

 

Yet im still none the wiser about how much I should be getting paid this Friday. Ive asked as i have had no offer letter of how much i should be paid?

Ive asked for info but i dont seem to be getting any....

 

Yet i recieved a poorly worded SMS spelling my name wrong.... Which i promptly deleted because I wasnt sure of its validity...

 

Is this normal for UC?

What part of a simpler benefit being delivered on time and on budget do you not understand?

Or to put it another way what part of this simpler benefit that's being delivered on time and on budget are the DWP having issues explaining to you?

You're probably asking too difficult a question; like what will I receive, when will I receive it and does that come with an understandable breakdown it would take a lesser mortal than Dr Alan Turing and the resources of Bletchley Park to decode!

Heavens to Bestsie if you call up and ask is this award right once it finally arrives!

i thought if a letter is posted under contract law it is as good as received? I doubt though this would work in regards to curtailing someone's benefit cause it got lost

A sanction can only be up held if it is considered 'beyond reasonable doubt'.

Both those arguments introduce a very reasonable doubt.

The DWP might no go for it when they do the mandy but the tribunal panel @ appeal stage will consider it and if you come across as believable give you the benefit of the doubt.

You want the postal logs and copy of the letter to prove both exist as if one or both don't exist or the postal log doesn't say what the letter sent is/was then you can use the not sent argument at appeal stage. As well as which of the 2 original arguments you used.

Edit:

The DWP have been handing out dodgy sanctions like confetti @ a wedding for a long time now. Plus the whole mandy system is designed to put you off appealing because of this. The majority of these sanctions would be over turned at appeal stage on the doubt and reasonableness grounds if people just stuck with it all the way.

Royal Mail delivered some 14 billion items in the 2014/15 year (1). In the same period, they received around 260,000 compensation claims and a further 230,000 complaints about lost mail. However, if one looks at the tabloids (the most recent one I can find is dated 2012), mail losses were running at around 0.07% (2). In other words, the likelihood of a letter failing to reach its destination is fairly low.

 

Asking Ingeus to provide proof of posting (i.e. Post Office receipt) should be enough to kill any claim that they sent the letter.

 

1) http://www.royalmailgroup.com/sites/default/files/annual%20complaints%20report%20for%202014%2015.pdf

2) http://www.standard.co.uk/news/fewer-letters-lost-more-parcels-pinched-6958454.html

Right reason but wrong thing to ask for.

Both the DWP and Ingeus have internal postal logs. iirc the dWPs also hold an actual copy of the letter sent whilst the Ingeus one doesn't. So asking for a proof of postage as above is pretty pointless.

The postal log is worth requesting via a SAR as it proves or disproves they sent something. But even if they did sent something the lack of what that was can be used to cast doubt.

The rub is; the process to obtain these will take over 30 days! You have less than that time to submit the mandatory reconsideration request. You should still request these now as they will come in handy if/when you take this to full appeal.

You not receiving a letter is a negative..... you can not prove a negative only cast doubt that it was sent or that it got lost on the way.

So the only 2 defences initially at the mandy stage are;

1, I have well documented issues with receiving post at this address

or

2, I didn't receive the letter for reasons unknown..... given the fact I've received and complied with all other letters it is out of character if I did receive this letter not to have complied with it.

England or Scotland?

Although I doubt it matters in this case.

You have been living in the same property for 9 years? If so you have a local connection by default. If your sister provides support or any caring duties even better tbf. But it's the 9 years which counts.

As for making yourself intentionally homeless are you sure the Shelter person said that?

http://england.shelter.org.uk/get_advice/homelessness/help_from_the_council_when_homeless/intentional_homelessness

But it would be considered unreasonable for you to stay in your accommodation if:

 

you or someone you live with was experiencing violence or threats of violence

the accommodation was very poor compared with other local housing

you couldn't afford the rent or mortgage payments unless you went without essentials such as food and heating

the accommodation was causing damage to your health

Basically asking you to stump up so much money in advance is unreasonable and pay an upfront termination fee? Seriously!

Being honest it looks like they want you out so you need to be pro-active about things.

Have you applied for the housing list? If not do so also there's an extra section you need to fill in for disability .

On the contract thing as above I seriously doubt that you could be accused of making yourself intentionally homeless by not signing. You do need to be careful though if the rent is above the LHA limit as signing then being unable to pay is considered to be one reason.

Next question is and this is very important is your deposit protected and in an approved scheme and do you have the prescribed information and was it given to you within the correct time frames?

Even if you think it is check to make sure it still is!

I'm assuming you've signed a new contract since 4th April 2007 if so it has to be protected. If it isn't don't tell your landlord as it's a very big potentially expensive bargaining chip!

Any further advice depends on deposit protection.

Bit late here but you need to read this

https://www.gov.uk/tenancy-agreements-a-guide-for-landlords-scotland/short-assured-and-assured-tenancies

After familiarising yourself with it contact Shelter (Scotland) for their view on what exactly the tenancy is counted as.

It's freephone so.... http://scotland.shelter.org.uk

Right 1st off dates are important!

You have 1 month from the date on the decision letter to ask for a mandatory reconsideration.(You can lodge a late mandy up to 13 months after that but it's better to stick to a month)

You will most likely have to take this all the way to appeal so be prepared.

You might be able to claim hardship payments which is 60% of the personal allowance rate.

Read these

Hardship

http://www.cpag.org.uk/content/ask-cpag-online-can-you-claim-hardship-payment-jsa-or-esa

Sanctions/Hardship/Lenghts/How to Appeal

http://www.disabilityrightsuk.org/sanctions

https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/while-youre-getting-esa/esa-sanctions/

http://www.cpag.org.uk/content/ask-cpag-online-how-can-you-avoid-esa-‘work-related-activity’-sanction

Being ill should be a good reason enough but this is the DWP here so generally I'd expect you to have to Appeal to the Tribunal after the Mandy process is over.

Note Triange notify the DWP of things but it is the DWP who make the decision. So there's little point engaging with Triange about the sanction as is but there failure to notify of you complience i.e. when you next attended after the missed appointment that's a different storey

If you feel like Triange are playing silly buggers about informing the DWP raise an official complaint with both Trainge and the DWP. Can't find a complaints procedure or any link of how to raise one on their site so...... can anybody else find this out?

Unfortunately for you, there is an assumption that any letter posted is deemed delivered within two working days. Unless you can demonstrate that there are problems with the postal service in your area, then you are going to struggle to get this one overturned.

 

Probably the best way to attack this is to ask for:

 

1. A copy of the letter.
   
2. Proof of postage for the above letter.
   

The other tactic is to display that you have received all other DWP communication/letter sent and fully complied with them so...... your non-compliance with the letters instructions "given the benefit of doubt" is down to not receiving the letter for reasons unknown.

If you get lucky a DWP Decision Maker might accept that - although I doubt it!

But if you take the appeal all the way to tribunal then you stand quite a good chance of them being reasonable as they understand that post does go missing.

Doesn't help you with money immediately but long-term if you win that extra money might make all the difference.

Either way the clock starts to run once you receive the decision letter telling you of your claim ending

See here for times scales and what you need to do

https://www.citizensadvice.org.uk/benefits/benefits-introduction/problems-with-benefits-and-tax-credits/challenging-a-benefit-decision/challenging-a-dwp-benefit-decision-on-or-after-28-october-2013/challenging-a-benefit-or-tax-credit-decision-asking-for-a-reconsideration/

See here if you don't receive a decision letter and search the site for other angles of attack on this sanction

http://www.rightsnet.org.uk/forums/viewthread/9532/

http://www.rightsnet.org.uk/forums/viewthread/8825/

Can you explain how that is relevant to this topic, as I doubt I'll be able to get through all that.

mikeymack2002

Please could you post a brief summary of what exactly you want us to take notice of?

Whilst you might be able to filter through all the links which you post the rest of us sadly can not!

Some have sight problems some have mental health or concentration/fatigue issues which mean......

Since you've already done the hard/good work

Please help the rest of us who might not have your ability ot do things

Edit: you seam to have done that

If you could include specific links to each point then.....

Give it a couple of years and I'd expect to see PIP and ESA amalgamated under UC into a single payment.with a single just as shoddy test..

And as if by magic

http://www.smf.co.uk/press-release-new-report-urges-end-to-sanctions-in-disability-benefit-system/

The report recommends:

 

Splitting benefit eligibility from setting the setting of conditionality requirements by abolishing the controversial Work Capability Assessment;

 

Equalising the rate of benefit received in Universal Credit for jobseekers and disabled people;

 

Assessing eligibility for a new benefit to meet the costs of disability with a reformed version of the current Personal Independence Payment assessment;

 

Ensuring that benefit levels are adequate to support those with a disability to fully engage in society;

 

Instead of sanctions, providing voluntary assistance to disabled people who wish to engage with support to enter work; and

 

Giving a ‘Steps to Work Wage’ and support contract to disabled people who choose to engage with the system of support, whether at Jobcentre Plus, the Work and Health Programme, or wider services.

About the author:

Matthew Oakley joined the SMF as Senior Researcher in July 2015. Prior to SMF Matthew had been Chief Economist and Head of Financial Services Policy at Which?, Head of Economics and Social Policy at Policy Exchange and an Economic Advisor at the Treasury. He is also a member of the Social Security Advisory Committee and he led the Independent Review of Jobseeker’s Allowance sanctions that reported to Parliament in 2014. He is a recognised expert on public policy, welfare reform and consumer issues.

One thing most people are completely missing is that...........

This was already implemented in the Universal Credit regulations.

Like the WTC cut..... you do know that's still/already in the UC regulations.?

Anybody seeing a pattern here?

It's always been the plan to strip away these claimants and thus the premiums they received.. The only reason these cuts are noticeable is because UC is running at least 4 years behind schedule. Hence all this aligning legislation for legacy benefits.

UC as it's single payment makes it so much easier for cuts to take place and it will become a simpler benefit (as advertised) by culling the types of claimant classifications we have now.

Give it a couple of years and I'd expect to see PIP and ESA amalgamated under UC into a single payment.with a single just as shoddy test..

If the s21 served was correct at time of service, it should still be valid now.

AIUI the Oct 15 changes only applies to new ASTs concluded on or after 1st Oct 15, so no need to re issue. Check with NLA/RLA.

This is incorrect as.....

A section 21 notice is a notice of intention given to the tenant.

If you give a further instruction to the tenant then this becomes the current intention.

A tenant can only act on the current intention/instruction of the landlord.

Whilst the actual notice never becomes invalid good luck convincing a judge that allowing 2-3 years tenancy after issuing is showing your tenant your intention to evict !

If noddle use callcredit and clearscore use equifax then once ive got my experian report ill have all basis covered wont i?

 

Shouldn't the council provide me with evidence of where they're pulling their info from?

Yes they should but..... in your case they are asking you to try and prove a negative!

Since the accounts are not yours Natwest can not give you any details as it's illegal under DPA laws to give you details of another person account!

So stop trying to find information you can not legally get.

What you have from the Credit Reference stuff and a signed statement by both you and the wife is all you can really be expected to produce.

1, formally appeal the decision to stop your benefit. Include the above and the fact that this happened before.

2, throw in a SAR to both the Council and HMRC

3. Write a formal letter of complaint to the head Head of your Council:- copy that/send to as well your local Councillor and your local MP.

Keep it short sweet and to the point!

This may take some time so 3 is very important but... also investigate local support for emergencies.

Apparently not in Scotland fkofilee unlike English Attachment of Earnings....

 

" If the payments have been unfairly calculated and you cannot afford to repay what the court suggests, you should seek specialist advice immediately. There is no option to appeal directly against an EAO "

But could they ask/petition for a variation of the orders to make both manageable?