Hello again.

I have been doing some searching for more info.

I found info in the HB_guide, which states that rent increases can be restricted (regardless if the increase keeps the rent under LHA, or if I am in a vulnerable group). But it appears (to me) they have not taken into account if the rent increase is reasonable. as they should take into account rent increases locally for similar accommodation, and/or if improvements that have been made to the accommodation which might justify an increase.

Hi,

Just me living alone in private rented one bed flat.

In the letter from the council, I missed a page, it states:-

"An unreasonable rent reduction has been made from the rent that you pay. This deduction has been made because override."

My new rent is the same as the current LHA for a one bed property.

I know if I was under 35 I would only get shared room rate, but I am 60+ (on income related ESA (support group))

 

Hi,

My landlord increased my rent.

I had a reply from the council that my housing benefit(amount) will remain the same, and that my new rent(amount) has been referred to the valuation office for a reassessment.

I went online to "turn2us"(benefit calculator link from gov.uk), which informed me I am entitled to the full new rent based on LHA. So I do not understand why my housing benefit is not increasing and is being referred to the valuation office (I though valuation office was for council tax, not private rents).

So I do not understand the reply from the council.

Does anyone know what is happening here?

I have sent an e-mail to the council about this, but that can take 28 days for a reply.

Ah, right. Thank you for the reply/info.

 

I suppose, after putting it off for a long time, I will have to make a claim for PIP, or at least make the attempt.

Hi.

 

My rent in being increased and the LHR rate is less than the rent. The flat I live in has service charge which the landlord pays directly. The service charge is to cover lift maintenance, cleaning shared areas etc. (I live in a block of flats)

Will I be able to claim extra (above LHR rate) for housing benefit due to service charge?

As in the work coach meets the person, looks at the reason the person is claiming as it's already on the system, so they already know why you are claiming anyway, so that they can better advise the customer and maybe not waste future time calling that person in for pointless activities when say they claim for example a brain injury etc were improvement is pretty much not going to happen. Get it sorted from the outset and it solves a lot of the current issues.

 

At such an early stage of claim, there may be no full diagnosis. Possibly a case of needing referal to hospital for tests/scans etc. The esa1 form only asks for a brief description of the illness, because it may not be fully known what the illness is.

 

When ESA claiments are mandated to attend a WFI, it has already be determined by the WCA that the probability is that they are able to attend.

When a new ESA claiment is mandated to attend an HWC, it may be a case they have not even been given a diagnosis of the illness.

Or a novel idea perhaps it's so they can review the illness to stop further unnecessary intervention down the line.

 

"Review the illness" should not be made by a work coach/JCP (NOTE: The illness does not need to be discussed, giving such information by the claiment cannot be mandated)

I thought they couldn't mandate those in the support group to do anything?

 

The HWC is about being able to mandate new ESA claiments to a WFI before the claiment is placed into a group(before the WCA), or put another way, to be able to sanction ESA claiments ealier.

As I understand it - those already in WRAG aren't affected. It's just new claims. But I have no idea what happens (does anyone?) to people who go from support group to WRAG.

 

From the white paper:-

The changes as introduced to the House of Commons on 9th July 2015 would mean that existing claimants, whether in the work-related activity group or the support group, who undergo a work capability assessment after April 2017 and are placed in, or remain in, the work-related activity group, will continue to receive the work-related activity component.

There is also some protection for those who go back to work, but then cannot continue with the work:-

 

We also aim to protect those who move off ESA to try to work. Those who were receiving the component [but] returns to ESA within 12 weeks because they could not cope with work will be able to reclaim ESA and receive the component again

IMHO, This is just about finding more ways to inflict sanctions on ESA claimants. The more sanctions they can make, the better chance they will not breach their own welfare spending cap.

"we like to keep sick notes on file for each work programme participant so it would be in your best interest to supply this to us when you have it"

 

They appear to be looking for "Implied consent" to store personal/private information.

Down 'n 'out, we've already covered that. Thats why people get confused. The legislation and tv licencing own documents give conflicting info.

 

What is conflicting?

 

You do not license the receiver, you license your ability to watch or record Live TV on your premises.

 

I have a TV with a built in receiver, but it is not installed or used for the purpose of watching live broadcasts. (I have not watched live TV for about 5 years).

Actually no. It clearly says installed OR used. Not AND used.

 

Installed or used for the purpose of receiving any television programme service

 

Receiving a television programme service, where that programme is received at the same time (or virtually the same time) as it is received by members of the public by virtue of its being broadcast or distributed as part of that service.

 

If you watch or record live TV broadcast on any device, you need a license.

 

See:-

http://www.tvlicensing.co.uk/check-if-you-need-one/topics/understanding-your-tv-licence-top3/

And the reason for ALL of this was meant to be to save money.

Was it?

 

I thought the changes where to punish the sick/unemployed, take money away from them, and give that money to the private companies owners/executives.

At my 1st WFI the 1st thing on the agenda was apparently getting me into part-time paid or voluntary work.

 

That is the extent of the "Help" I have been offered at my WFI at jobcenter over the last 18 months. (The WP offered me weekly jobsearches). I have asked if there is any (recognized) training/ re-training available, but always get told No.

 

With WRAG, you have to do something for work preparation. Any refusal can get a doubt raised. So it is better to find something yourself, something that is interesting to yourself.

You mention working from home. If you have something in mind, then could you not start preparation for that?

 

For example. You may be interested in web design. Is there any software (free/trial) that you could learn at home. That way, on your next WFI, explain you are not good around others, and it would be more beneficial if you did some learning(web design) at home.

It appears the numbers affected (those who should of been exempt for the bedroom tax) are showing as around 5000 or less by the BBC report (which is what the DWP put forward). Others are putting forward the number affected could be more like 40,000:-

 

http://www.theguardian.com/society/2014/jan/09/bedroom-tax-loophole-exempt-liable-housing-benefit

 

What are the chances that the government will backdate legislation to stop this?

If I am reading the first post correctly.

The JSA was signed, but then a second adviser came along and changed the agreement. Is that common practice these days?

How far can they go?

 

The fate of nearly 550,000 benefit claimants currently deemed unfit for work due to serious illnesses such as cancer is in the balance as it emerged that Iain Duncan Smith is planning a radical change to the welfare system.

The work and pensions secretary is pushing to scrap a part of the benefits system that helps sufferers of recent illnesses get back into employment. These individuals are covered by the term "work-related activity group" (WRAG) and are regarded as being capable of work in the future. They are paid benefits if they carry out training or practice interviews.

However, the Observer understands that Duncan Smith wants to disband the group, currently made up of 546,770 people.

http://www.theguardian.com/politics/2013/nov/23/iain-duncan-smith-wrag-benefit-cuts

DWP regulations state that when a letter is posted it is deemed to have been delivered as long as it was 'stamped and posted to the last known address'.

What is DWP regulations concerning sent letters to do with the WP?

 

If the letter doesn't arrive, then that is grounds for an appeal. If you go the other way would you expect the DWP to continue to pay a benefit whilst waiting to argue that it didn't arrive? If so you would have every Tom, Dick and Harry claiming that they never received anything.

I would expect tom dick and harry to be treated as innocent until proven guilty.

 

Arriving late at an interview is seen by an employer as that the potential employee isn't taking the application procedure seriously. If I was interviewing for a position and an applicant turned up 5mins late, I would show him/her the door. I would expect them to be early!

No one mentioned being late for a job interview. But as you mention that. If you where late for a job interview, you would not be sanctioned for failing to attend.

 

You cannot use the argument that as there are few jobs the DWP should be more lenient - why?

I would say "Jobseekers Allowance Regulations- 10 "Reasonable prospects of employment"-b "the type and number of vacancies within daily travelling distance from his home"

and that 'about a third of cases related to people failing to actively seek work, with slightly fewer related to people who failed to participate in the government's Work Programme or failing to attend training.

 

About one in five cases were the result of somebody failing to attend an interview with an adviser'.

I would prefer to see a breakdown of actual reasons, not reasons put forward by DWP. Such as simple example:-

Failing to participate in work programme:- can actually be, "failing to receive a letter they say they sent."

Failing to attend to an interview with an advisor:- can be "Arrived at interview a few minutes late".

 

It seems to me that most if not all sanctions are avoidable if claimants were to comply with what is demanded of them.

What is demanded and what is actually possible is not the same.

 

Do not misunderstand me, if there was plenty of jobs out there, yes, use the stick. But with many more looking for work than jobs available, then not so much the stick.

(IMHO of course)

TBF I think everyone is confused over this.

 

It is my belief that DWP are attempting to create loopholes in the current legislation, which allows them to mandate more WRAG to WP, and therefore giving the WP what they asked for some time ago, which is for more WRAG participants. Wrag are (no offense intended, as I am currently on ESA WRAG) cash cows to the WP.

The 25 that where mandated to WP got the WP (approx min) £15,000 just for them being placed on the WP books.

 

 

osdset, are you taking being mandated to WP to a DM?

Hi osdset,

 

Further inspection of the mandatory appointment letters received yesterday confirms that they are indeed intended for JSA claimants, anyone not attending next weeks appointment would IMO have grounds to fight a sanction on the basis that the letter did not apply to them.

 

Seetec could not even be bothered to construct letters specifically tailored for ESA claimants, the rules are different and so are the options for sanction.

 

 

From Work Programme provider Guidance. For correct mandated activity:-

You must for Employment and Support Allowance (ESA) participants only,

state on the notification that ‘this activity forms part of your work-related activity action plan.’

 

http://www.dwp.gov.uk/docs/wp-pg-chapter-3a-22-october-2012.pdf

 

If that was not included, I personally would let it go to DM

 

From what I am seeing from your other posts concerning now being mandated to the WP. I cannot see/find how that is currently legal.

 

 

She is definiely in the Work Related Activity Group. The letter definitely states "...recommends reassessment after 24 months" (corrected from "within 24 months").

 

That is the possible reassessment time, that can be and is ignored, as an ATOS reassessment can (currently) take place when ever they want it to.

 

The placement for WRAG on the WP is based on the time given for the prognosis by ATOS. If that prognosis is 12 months or less, then mandatory placement on WP is currently possible.

With ATOS originally giving "Fit for work" it looks like the DWP have simply added a prognosis of 12 months.

The 24 month given by the tribunal is a possible time before reassessment, not a prognosis.

I've seen guidelines which have said that a jobseekers direction can be given in writing, verbally, by email, etc...

 

I am unsure as to how much a "Jobseeker direction" is tied to/equivalent to an "ESA action plan".

 

I have found "The Employment and Support Allowance (Work-Related Activity) Regulations 2011" which does state not being able to mandate ESA claimant to medical treatment.

 

I do not know if that is still current.(I am checking amendments).

Hello,

 

I did get the "Mandate/Action" demand in writing. (but it was not agreed to verbally, and neither I nor the WFI advisor signed the action plan).