Just give up! Jimmy Savile opening a child morgue with Fred West in Josef Fritzls' basement would get more support than E-cigs on this forum. I tried to start an E-Cig thread but.... instead of tell me what's what, you just get attacked constantly by people telling you that you're worse than Hitler who aren't interested in them but attacking them! Shame really....

Supreme Court HB so until changed by another SC decision or a higher Court ruling this is the current interpretation of regulations and law! Councils have basically been ignoring the spirit of the law and regulations whilst making their own rules up to deny people who are vulnerable help where the law/regulation has been designed to provide that help. This is the ruling that we (not me personally as I'm just reporting) hope will stop this! Councils are nasty big machines that don't give a ..... The more people who know this and use this the better!

To put it bluntly Councils have been saying to people faced with homelessness that you will have the same issues as the street homeless have now so are not more vulnerable. Also because you have these issues before you become homeless there will be no risk soi we do not have to help you. Judge says [naughty word]! http://nearlylegal.co.uk/blog/2015/05/vulnerability-a-fresh-start/

Nov 2014 decision made it's now May! Dec Jan Feb Mar April May so what date exactly in Nov? New rules do not apply as original decision was before 30th March 2015. The old 6 month rule still does but...... This is not correct (sorry a bit harsh it is correct but needs an addendum to what you should have done) ... You should have lodged a new claim as soon as you had evidence of deterioration. Although burred deep in some legislation somewhere you can have multiple ESA claims open at the same time. You can even throw in a new claim immediately after you've submitted the 1st and well before the determination or assessment of the 1st. Antone knows the procedural stuff which is basically it's all treated as one big single claim split into separate parts but to us each application appears as a separate entity. Don't kick your self as it's confusing, not very well publicised and the ESA helpline staff unless you're lucky will not know! Now the question is what is the date on the original decision letter? The next question is how badly do you need money? If you wait for the full 6 months to pass you can submit a new claim and it will be paid immediately. If you submit a claim before that date you will not receive payment until a decision is made! If that decision is still negative then you will not be paid until after Mandatory Reconsideration and your appeal has been accepted by the Tribunal Service. Margaret Antone would there be any mileage in waiting the full 6 months (so they get payment) then asking for the full 3 month backdate due to bad advice by the DWP?

SSCS1 http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=3038 Remember to enclose a copy of the Mandatory Reconsideration notice - the DWP will have sent you 2. http://www.adviceguide.org.uk/wales/benefits_w/benefits_benefits_introduction_ew/benefits_problems_with_benefits_and_tax_credits_e/benefits_challenging_a_benefit_decision/benefits_challenging_a_dwp_benefit_decision_on_or_after_28_october_2013/benefits_appeals_e/appealing_against_a_dwp_benefit_decision.htm

1, and this is very important when did the last fixed term end in 2007 before or after April 4th 2007? Also did you pay a deposit and was/is it protected? Potential Superstrike if after 4th April! 2, with it being a periodic tenancy the landlord could use either a Section 21 notice or Section 8 notice; one of the section 8 grounds is the owner wanting to move back into the property to live. It'll be 2 months from service of the notice (if it's correct) before he can file for possession hearing in Court. On top of that there's the wait for a Court date and then the judge 'may' award you upto 40 days stay on the eviction date from that point. To be honest if he gets his notices right the best you can hope for is to delay things by forcing them to go to Court etc as eventually he will be successful. Your Council (although they shouldn't) will probably tell you to wait right until the point you are physically evicted. This will cost you (unless it's changed again) £250 Court fee and maybe solicitors cost on top as well. You need to get pro-active an evaluate your options. Also you need to get those notices checked out for correctness urgently as if they're valid you have to act. 1, contact the Charity Shelter - it's free phone and see what they say. They're very good and will help advise you on time scales and what you can do/get via your Local Council. 2, visit the Council - Think it's Tenancy Relations - and explain your landlord wants to evict you and get on the Housing waiting list etc 3, see or keep the number of a Local Law Centre or CAB handy. Given the state of Council temporary accommodation and waiting lists if you can look and find somewhere new then it really is in your best interest to do so. You've got quite a bit of time so..... As for the harassment it sounds like he's being passive aggressive. Record it and get advice on how to nip it in the bud quickly as it will escalate. My landlord tried this knocking on my door for a chat business - I let him in once which was a big mistake then told him NO! Then just didn't open the door or even acknowledge he was there after that. Change the locks if feel unsafe - just remember to put the original locks back when you leave. You may also want to get this thread moved into the more busy Residential and Commercial lettings/Freehold issues section of the board by reporting it to a Mod via the little triangle icon to get my advice checked out and more answers/suggestions

It all about "conditionality" With Universal Credit ESA is gone! It is replaced by 2 levels of conditionality; Support Group - zero conditionality (initially as I'll expect creep here soon) Work Related - less than normal (this is already moving towards full conditionality) Now with UC you will move in and out of conditionality depending on where you are on your glorious claimant journey. Fail a single WCA and the only protection will be your ability to negotiate a reduced standard claimant commitment with a fit note from a GP or consultant. We all know how well this is working currently with MR! There is this new 13 weeks regulation which gives you zero conditionality from a fit note. What use this will be I'm not sure Although the natural progression would be to make the 13 weeks compulsory, followed by 13 weeks for WCA assessment thus bringing it to 26 weeks in line with PIP. You then amalgamate what was PIP and ESA into a new single disability payment covered by a single test - thus reducing assessment costs whilst cutting the hell out of any new payments made. .

Depends....... Under Universal Credit - it's any job no mater what hours or commission etc as the RTI system between HMRC & DWP will auto adjust the award without any other input! So jobs a job no matter if it earns you no income whatsoever. RTI will take the strain. For JSA/ESA the old rules apply although we seam to be seeing something called policy creep! Policy creep is whereby rules/regulations laid down by legislation are now being fostered and enforced on other benefits without any legal basis. It's also putting non legislated conditions into processes where they do not belong. The former is JSaG >>>>> Claimant Commitment The latter is telephone calls before issuing notices stating Mandatory Reconsideration.

He can't but his mum might if she earns a low enough wage?

Since you can't get SDP. Would you or your mum able to claim Carers Allowance? See here https://www.gov.uk/carers-allowance/overview

Now that's what I call a good Christmas present! Congratulations and well done you It is really a good and fair result The only extra you might have gotten would be an extra 3 months of SDP - this wouldn't have been the failure of the DWP to award (which you've rightly won) but you trying to argue (as well as that) your failure to notify. A failure to notify !, is a back date of the decision to award and is... 1, for a max of 3 months 2, hard to argue 3, you'd be out of time to apply for 4, a lot of effort for little gain in this case.

You want the postal logs from whoever sent the letter. There's a thread on here Booths was it? But there's also a few threads on rightsnet about it. Most non DWP postal logs log something but not what was sent nor a copy of what was sent - so on balance of probability at a tribunal you should win. Then there's always the off chance *cough* that nothing was sent at all.

I think you are arguing that when you were transferred to ESA in Jan 14 the DWP failed in it's duty to consider your circumstances fully. So although you failed to notify a change or circumstances in Jan 2013, the form you handed in in Jan 14 was effective notification and SDP should be awarded from that point. SDP is not "back dated" as such it is paid from the point you became eligible no matter how far back that was. Basically if the DWP fail to investigate or fail to award then it's the fault of the DWP and thus maladministration. Except...... where a change of circumstance that would make you eligible for SDP is not notified to the DWP. Here it is only at the point of notification of that change SDP is paid from. The rightsnet forums would be a good place to have a look on and this thread has some links in it to the failure of the DWP to consider all the evidence in ESA conversions http://www.consumeractiongroup.co.uk/forum/showthread.php?436493-ESA-missed-out-Enhanced-Disability-Premium-can-I-reclaim-backdate I haven't a clue if that would be from the point you returned the form or the date of the conversion decision?

You need to pay that and then claim it back once you've won. Or at least engage with them to try and arrange a payment plan before that happens. Whilst you should win this... until the 'this' is decided one way or the other you're liable for that cost as you are currently not awarded a benefit that gives you free dental treatment. Moral standing aside you do not want the £200 court fees plus the added stress of debt collectors turning up at your door and their additional fees do you? Might be worth while you reporting you're own post above this (little triangle icon) to the boards mods and asking if they can get one of the debt experts to pop in for their take on it and what you need to do?

You're not the actual person being repped here are you? http://www.rightsnet.org.uk/forums/viewthread/7199/ You read that and the thread Mr Dutton has linked to in his post in that thread.

Well yes and no as it's just an asset. Give letter to Aunty and point her to this thread. As you are not the executor of the will then this is a fishing exercise by the DWP as you are not liable. Although your Aunty might not be too impressed if as executor she gets the bill whilst you get the house. So a bit of give n take working together would be advisable to keep everything nice. You need to do 2 things really; 1; challenge the DWP to produce a full and complete breakdown of the overpayment debt owed. It's not uncommon for them to get this completely wrong! 2, work out who the executor of your mums estate was and if they have dealt with everything properly. Then when No1 is sorted make an agreement between yourselves and stick to it. £800 is really feck all in the big scheme of things and as we're dealing with a house they can't force a sale (well not for that amount) so some hard negotiation between you, your aunty and the DWP is really the order of the day.

The claim from the DWP is against your late mothers estate ... It then falls on the executor of the estate to distribute the funds left to whoever is owed in a pecking order. Once the estate funds are gone then that's it. You have no personal responsibility for your deceased mums debt nor can recovery action be taken against you as they are not your debts. The thing you need to check is what funds/assets there were in your mums estate, how they were distributed and if it was done correctly. If the funds are not distributed correctly then the executor can be come liable. But this is only for the portion of the estate that was incorrectly allocated to somebody/something else. See here for a bit of info http://www.rightsnet.org.uk/forums/viewthread/2582/#10922

Bookmarking this thread! Congratulations I've got exactly this to attempt soon. Just had a possession claim withdrawn against me using the following argument in my defense. For Superstrike it's section 213 Housing Act 2004 creates the new periodic tenancy Section 21 falls foul of s215(1) which I think is the 14 day protection rule. If tenancy is still in place after 06/04/2012 it also falls foul of Article 16 Localism Act 2011 - i.e. the 30 day protection rule

Please remember if 12 months+ you can be mandated by the DWP to go for a chat with a WPP to discuss your voluntary participation on the WP. The go for a chat is mandatory the participation is not for those over a 12 month prognosis but these things are confusing! Also most WPP also do the WFIs which are mandatory in a lot of areas. As for this new medical thing for 12-18 months Can't engage with something which does not exist on the NHS due to cuts

You do not need a tenancy agreement to claim LHA! Your Council is obfuscating as although they might prefer an original signed document there is nothing whatsoever wrong with a print out of any document. All they have to do is validate it by contacting the parties involved. I've used self printed online account bank statements for my Council for over 7 years. I also did not have a valid tenancy agreement (it had expired and gone PST) so had to get my landlord to fill in and sign a form stating the tenancy arrangements. As for your Letting Agent all they will give you is a photocopy of the agreement - which is exactly the same as a print out of a scan so....... Your council are being unreasonable politely point that out to them!

This any use? [ATTACH=CONFIG]50166[/ATTACH] Although with the last change in the rules 'CIVIL PENALTY' of £50 etc I'd expect nowt more than a free for all of harassment n bullying even when there is a mistake or little or scant proof of any debt! Oh the DWP will start recovery and will not stop until you prove that the debt does not exist! Not they prove it exists but you prove it doesn't. Which doesn't stop them doing this repeatedly for the same debt no matter what happened last time they tried

Estelyn is basically spot on. The Council will not rehouse you until you are within 28 days of being homeless - some like mine will not even consider it until the day the bailiffs turn up to evict. The reason being there is such a shortage of housing it's offered on a most in need basis. You are housed and until a possession order is granted by a Judge you are not in any immediate risk of homelessness. If your landlord will not apply for possession then the Council will not act unless they illegally evict you. If they illegally evict you they would be in a whole world of trouble so it sounds like you are being harassed to vacate. Your contract is with your current landlord & not the buyers. Until the house changes hands then the buyers become your landlord. You until that happens should only communicate in writing with your landlord or his agent. Politely remind anybody else that you require all communication in writing, you have no contract with them and further or continued attempts at contact will be recorded and a complaint of harassment will be lodged with the police if they do not cease immediately. Keep a log of any contact by the landlord or anybody else with regards to this matter. If you can record all conversations and telephone calls even better. Now housing are you on the Councils housing list? Are you bidding on properties? Have you/your wife filled in the separate medical questionnaire which bumps up your need/points housing list classification. Have the mental health team put what you've told us here in writing and either yourself or them given that to the Council. Can the mental health team not assist you with finding accommodation? Being evicted is a very long process 4-6 months from service of a section 21 notice and that's only if the Landlord gets everything right! You are in absolutely no danger of becoming homeless until a court hearing has occurred and a possession date granted. Even then it's only once the possession date has passed can they apply to the court to get the bailiff to evict you - the date the bailiff attends really is the final date. If your landlord is not prepared to follow legal process you just stay until he does. The buyer can not evict you until he owns the house as you do not have a contract with them until it becomes their property. Then the buyer becomes your landlord and would have to serve you a section 21 notice effectively starting from scratch the whole process. I would speculate that the buyers want vacant possession and your current landlord has made a complete mess of everything. You really need to get this thread transfered to the Residential Letting section of the board as you're in a very strong position and they really are best at advising on these matters.

It's even worse as KPMG will control the majority of GP CCG (Clinical Commissioning Groups) So we have ATOS running the care database being used by ATOS (KPMG is ATOS to) for the CCG http://mikesivier.wordpress.com/2013/09/23/are-these-the-men-who-would-be-king/

After a quick speed read it basically says FAIL ! Just when you though a DWP led program to disadvantage the disabled couldn't get any worse than ESA?