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  1. Hi everyone - this thread might be a bit long and confusing so I apologise in advance Towards the end of 2010 I made a claim for jobseekers allowance. I was successful in my application and received the usual amount every fortnight in my account. During the initial Q&A over the telephone when making my claim - I made it clear to the advisor that I will be working in my dad's shop, unpaid, for less than 16 hours per week. On my sign on days i'd take along a sheet of paper outlining the hours I worked for my dad during the 2 weeks. Until one day when I went to sign on, one of the DWP staff said I'm not allowed to receive benefits because I'm working for my dad and that voluntary work only counts if working for charities etc. After that no money came into my account and I never bothered going back to sign on. On 30th Aug 2011 I received a notice of overpayment from the DWP for the amount that I received from them since the beginning of my claim. On 29th Sept I received a letter from Iqor chasing the amount. I had numerous conversations with Iqor and they kept putting the claim on hold for a week each time. I tried to speak to DWP but was going round in circles. time went on and on 2nd Dec 2011 I received a letter from Geoffrey Parker Bourne solicitors chasing the amount. I ignored it and I didnt hear anything at all until.. .7th Nov 2012! This time it's a letter from Frederickson International chasing the same amount. I keep receiving phone calls from them but I am ignoring them altogether until I seek advice from you guys. I have just received a letter on 20th Nov 2011 stating that Debt must be paid within 7 days, It's a "Letter Before Action" letter. Can my credit rating be affected by this as I have spent years repairing it and i've only just recently now been able to take out phone contracts and apply for credit cards successfully etc. What do I say to Frederickson? I see a draft letter here in this thread: http://www.consumeractiongroup.co.uk/forum/showthread.php?116083-Help-with-fighting-Fredrickson-International-Ltd Shall I use this? Looking forward to the replies!
  2. We all know of the Rt Hon Ian Duncan Smith and the minster for employment Mark Hoban MP as they have been well vocalised of late in various media. Theres one person who seems to have kept her head down in terms of public speaking about benefits that affect people. That is Esther McVey, minister for disabled people. Responsibilities Cross-government disability issues including Disability Strategy, Paralympics, Personalisation and Independent Living and Right to Control Disability Benefits – Disability Living Allowance (DLA), Personal Independence Payment (PIP) and Attendance Allowance (AA) Independent Living Fund Carers Appeals reform Government response to Liz Sayce’s independent review of specialist disability employment Remploy Access to Work Work Choice Child poverty from http://www.dwp.gov.uk/about-dwp/ministers/ Might be the time to ask this particular minister some questions about forthcoming benefit reforms that fall under the above responsabilities.
  3. The Government are opening up Data for Transparency You can look through what Data is available and download the csv files. Here's the link for the Dwp Data available. http://data.gov.uk/data/search?q=dwp
  4. Hello all. Just joined up and need some advice. I received a letter today from the DWP saying that I owe them 1293 pounds. I have no clue! I was on jsa over two years ago and it was stopped over confusion with my veterans disabiltiy pension and nothing more was ever said. I have not claimed jsa since. According to the letter they say they have written me before about this but I can totally assure you that they have never contacted me until today. They say if they do not hear from me by november 9 they will take further action. I am not working and exist only on my vets benefit (220 pounds a month) so there no way I can pay it back if I had to.
  5. Hi I hope someone can help. I was interviewed under caution by DWP last month. A little background. I have been in receipt of DLA for over 10 years, I have it for life and Incapacity Benefit for the same time. I have a degenerative condition that affects by my knees, hips and legs. I was reported for working over a year ago, I was working 2-3 hours a week, under permitted work rules as recommended by my Therapist, to help with my Mental Health. My therapist also refered me to a pain clinic. During a discussion with the pain specialist he asked what I missed most, I said walking. He advised that I should try to increase the amount I walk to strengthen my muscles and help with my all round mobility and well being. I spoke to a friend and she agreed to walk with me so if i got in difficulty I wasn't alone. I started walking my son to school with my friend. To a normal person this is a 10 min walk, to me this takes 20+ mins and about 2 hours to recover (I also get up at 6am so my pain killers have taken before I leave). My well being/depression improved, I lost a little weight and generally felt a sense of achievement every time i did this. My son also benefited from a healthier start to the day. I would lean on my daughters pram or use elbow crutches for support. Occasionally I wouldn't use any walking aids. During my interview the investigator showed me images of myself and my friend walking to school, sometimes with my pram, crutch or nothing. they state that even though I have a crutch I just carry it and that I cant use the pram for support as sometimes i'm pushing it with 1 hand while laughing on the phone! They have photos of me doing jet-washing on the front drive and taking my friends (who had just had a disk replaced in her neck) shopping. Everything they have says I'm a fraud and do not have any problems. In the summer I attended the Pain Management Program In The Walton Center which is all about help you improve your life if you live in chronic pain. I take Tramadol and Codeine every 4 hours as well as other medication. I am also now on Liquid Morphine for pain relief. I have just spent 2 nights in Hospital for bed rest and pain relief. Last night one of my neighbour told me that 20 investigators had come into the road on mass and visited all of my neighbours asking them to make statements about me, what they'd seen me doing, walking etc They had told all my neighbour what I was being investigated for and everything. As you can imagine I am currently devastated and want to move. I am a private person and when I'm bad I don't go out, I always wear sunglasses to hide my eyes because I hate anyone seeing me in pain. Out of about 15 neigbours maybe only 4 of them have ever seen me bad because I don't show my pain, its a defense thing. My question really is are the investigators allowed to tell all my neighbours my business and as I have a feeling this will go to court does anyone know any solicitors who specialize in this?
  6. Hi Everyone, I would be grateful if anyone could offer me any advice on who are the best people to represent me at an ATOS DWP Appeal? Despite being unable to walk any distance using a crutch,i also have Epilepsy,Depression,PTSD,Anxiety,Panic Attacks and other mental health problems,i was awarded 6 points and told i was fit for work due to the fact i can dial a telephone!! Its an absolute disgrace,you are made to feel as if your begging for money but i do understand that there are people out there that do want to abuse the system. I am appealing the decision but do not know who would be best to represent me,i live in Scotland.The local Council have Welfare Rights Officers and a Duty Social Worker or am i best to go to Citizens Advice? I would be extremely grateful if anyone could share their experience on this matter or have heard of others who have been through a similar situation. Thanks for your help in advance. Best Wishes Stevie
  7. Earlier this year I was awarded ESA Support Group for 6 months, this period of 6 months actually runs out at the end of this week and my last arrears payment for that ESA would be early next week. I had a medical a month ago and am still waiting on my results coming though. What concerns me is that I had assumed I would fine out if I had passed or failed before this current period of ESA ran out and would have time to launch an appeal get sick notes etc however I now seem to be in a position where I could receive a letter telling me I have failed my medical and that my ESA is getting stopped as from the next payment which would leave me in a very precarious position financially. Even if I find out this week it is still leaving it very short notice for me to sort anything out. I am loathed to phone them and ask about my decision as I don't want to tempt fate but if I still haven't had a letter by the end of this week i will have no option. I do think they are busier now then they were when I was initially assessed earlier this year so I appreciate it can take time to get your decision but I am now very worried about getting me benefit cut off with no warning. Does anyone have any thoughts or advice on this, if so it would be very much appreciated!
  8. Hi Everyone. Just a quick question. I have a four page letter of complaint against the DWP, which is being sent recorded / registerd (which ever one needs them to sign for it). This letter is mainly about my local branch Jobcentre. My question is : My signing advisor has now been changed to one of the staff that my complaint relates to. Friday last week I asked the Customer Service Manager for a complaints form, and I have had to sign with this new advisor on this Monday (8th Oct). She was basically rude and aggressive, plus a whole load of other problems I have had with my Jobcentre. So as my complaint involves her, can I request a different signing advisor ? Hope you wonderfull people can help.
  9. I received a letter today from the Council Housing/Council Tax Benefit department. "We have been notified by the Department of Works and Pensions that your Employment Support Allowance has ended on the 10/09/12." So, It seems that i failed the assessment (again) three weeks ago and not a word from DWP/Atos.
  10. So sorry if this is in the wrong place, I am new to this. I have had the medical with Atos and received the dreaded 0 points letter everyone seems to get. I need to appeal but am not sure what to write on the GL24 form 1. I had to attend the MAC twice as I was told by the first doctor he wasnt able to assess me due to 1 of my complaints needing a specialist doctor. 2. I attended the 2nd one and was actually assessed but he had not got my ESA50. I rang DWP and they infact told me it hadnt been received and I stupidly did not send it back recorded mail. 3. DWP then rang me after receiving the report to ask some questions after asking me 2 he said he was sending it back to Atos as he couldnt understand their report as it contradicted itself. I then got the letter to say not entitled to esa etc. i am not well enough to claim JSA and I have to go into hospital for the same condition in 6 weeks time so wouldnt be able to claim esa again either Any help would be very much appreciated as this is really stressing me Thanks
  11. Paralysed teenager who has been on life support since birth is told to attend ‘interview’ to prove he can’t work or lose his benefits Story http://www.dailymail.co.uk/news/article-2206976/Paralysed-teenager-life-support-birth-told-attend-interview-prove-t-work-lose-benefits.html No doubt when the lads father insists on a home WCA the HCP will find nothing wrong and award 0 points.
  12. I am curious, I know that if they DWP suspect you of fraud they can look at your bank statements or if they are doing a spot check on you they will ask to see a bank statement. While I am not currently in a situation where this affects me I am still curious as to how they view how you spend your benefit money? I live with family and so I give my family the main chunk of my benefit in cash to cover the bulk of my food and cortribution to bills I don't get any HB etc. The small about left is spent on some food shopping, some interent shopping such as books, dvd rentals etc and the odd bit of cash I lift if I am out. I wonder if my spending habits i.e. any spending on myself such as buying books etc would be considered "wrong" by the DWP?
  13. I was sanctioned for not going for a job offer as a refuse bin collector with my local council, even though I suffer from arthritis in both hips and knees. There were other factors involved including that the job I was sanctioned for was merely an enquiry I made, as opposed to a direction from an advisor. However I won my appeal but had to suffer 5 weeks of stress and near insomnia not to mention 10 days with no food, during which I could not take one of my medications, diclofenac, and to pile on the misery I had no electricity due to a pre payment meter which run up a debt when the emergency run out. I had to sell goods from my home to keep me going and at a financial loss to myself. I was not entitled to hardship payments or any other benefits as I am on credit based JSA. Can I claim compensation and would getting a solicitor be a good idea?
  14. I looked at the DWP report and accounts for 2010/11 and was astonished by what I found. As my username suggests I am in dispute with DWP and therefore I have had to try and phone the Carer's Allowance Unit at Palatine House many times. Because of my caring duties I usually have to phone after about 3.30 pm. My experience is completely opposite to the statistics listed in the PDCS Annual Report and Accounts 2010/11 targets (I have a difficulty with URLs on this site because I'm not allowed to post them yet ( Telephony Ensure that at least 93% of calls to our telephone service are answered first time. 94.2% Ensure that less than 1% of calls to our telephone service receive the engaged/busy tone 0.2% a) I nearly always get an engaged tone for many attempts b) if I do get through, it's often to a call centre who offer me a callback service. This callback has come once and that not at the arranged time. Obviously the targets in the Report and Accounts are for the whole service, but even so.... Or is it that some parts of DCS are so good at answering calls that it skews the figures (!) Anecdotal evidence welcome - I'm probably going to take my complaints against DWP to the Parliamentary Ombudsman so any weight to my cause would be very helpful.
  15. I took DWP to Tribunal to appeal a Carer's Allowance overpayment. To find out what information they held on me and my husband we put in Subject Access Requests. We received back 2 sets of documents (thick in my husband's case and very thin in mine). I assumed that they had the right to withhold quite a lot of information because my case was still active. My Tribunal was heard (and I'm pleased to say I won). Less than a week after the Tribunal the Data Protection Team in Glasgow wrote to both of us saying in essence, "whoops we made a mistake and didn't send all the information we should have done. Do you still want it?" We didn't - our reason for asking for it had past and we felt like having a rest from DWP and all their machinations. Now I am going through the DWP complaints procedure and this failure to disclose is one of the complaints I am making. Out of the blue we've just received some bizarre letters from the Data Protection Team in Cardiff thanking us for our original SARs (now over a year ago) and saying they'll issue the records ASAP. I think we should probably let them do this but take this to the Information Commissioner's Office (ICO) once they've sent everything to check that this time they really have sent everything they should have. Is there anything else we should ask them for like compensation or something? and how do you judge what compensation they should make? Should we think about taking them to Court? (we won't get Legal Aid and can't afford a solicitor so we'd have to represent ourselves but it seems fairly straightforward - but are there any bear-traps we can't see as amateurs?) All advice very welcome on this.
  16. Have just received letter from dwp stating my wife was overpaid benefit in 1988-1990 , they could not explain reason for over payment except a vague statement of earned undeclared income . Immediately contacted dwp , but they were unable to elaborate , as the case was so old and their systems have been changed in 2005 . I asked how to appeal and was told there is no right of appeal as case is out of date . The upshot is , they will be taking out a third of my wife's state pension for the next three months . My query is : 1 How can they take a debt that is 20 years old ? Is there no statute of limitations ? 2 Why is there no right of appeal , even murderers get that ? 3 How can they prove money is owed , when they cannot supply full details ? 4 How do they expect us to defend this claim , when any paper work or correspondence would have long since disappeared from our possession ? 5 How can they take monies directly out of different benefit ? 6 And where do I go for help if there is no right of appeal ? It seems incredible they can just take money without question, proof or hindrance If anyone can give me advice or direction I would be most grateful .
  17. 'DMs who no longer felt that they were genuinely at the heart of the decision making process reported that they had been given very specific guidance on how to approach cases where they disagreed with the advice of the Atos report. They stated that they had recently been told that they could not do this without first consulting with Atos (whereas immediately following the publication of the Year 1 Harrington Review, these DMs felt they had been told they could override the Atos advice if they felt that the evidence pointed towards an alternative outcome). Some felt that they had been told even more specifically that they could not override advice unless they had agreement from an Atos HCP that this was the correct route to take. Those staff who felt they had been instructed not to go against the advice of an HCP report unless they had agreement from Atos that this was appropriate tended to be those who felt least empowered and least central to the decision-making process. In cases where they consulted with HCPs and Atos elected to uphold the initial advice, then some of these DMs felt that they then had to ’rubber stamp’ a decision that they were not happy with. ‘We went from being decision makers to just rubber stamping what’s there...the simple fact is I’m your decision maker but if I get further evidence from you as the claimant, I am not the one to make a decision on it – it needs to go through Atos. To me, that makes [the] Harrington [Review] pointless.’ (IBR DM)' Taken from the DWP Research report series http://research.dwp.gov.uk/asd/asd5/report_abstracts/rr_abstracts/rra_788.asp (I have changed the link as the original was not working)
  18. First off I'm new and apologise if I am posting this out of context of the forum and in the wrong section. OK a little bit of a back story. I made a claim for jca in may of this year for myself and my wife. Everything was fine until i had an appointment in June this year, the day before said appointment I became ill so my wife phoned the jobcentre to explain this and was told a reschedule of the appointment would be made and i'd have to fill out a sickness form. On attending my next singing date I was instructed by the person signing me that my account had been closed so I wasn't able to sign on. Asking for an explanation of why my account was closed i was told it was for not attending an arranged appointment. I asked what appointment it was as I've only missed one and explained when it was and the reasons I missed it, also mentioned the fact my wife had rang more than 24hrs before to explain my illness to them. I was told that he had no idea what appointment as his just telling me what his computer screen is telling him. He then gave me a phone number to phone (not sure if i can post numbers?) and told me that they would know more. When ringing the number they explained that i had missed the appointment when i was ill, I explained to them that my wife had in fact phoned before hand to let them know I was ill. The person on the phone said they had no record of this so they went ahead and closed my claim down after five days. I asked for an explanation of five days as i was unsure of what he meant. He avoided the question and went back to to saying they have no record of my wife phoning them. I was not happy with this so asked to speak to a supervisor or manager, he then hung up on me. Straight away i phoned back and connected with a different person I asked to speak to a supervisor or manager. Was put on hold and finally spoke to a manager. I asked for an explanation as to why my account was closed as I now believed that the jobcentre had made a mistake in not recording my wifes telephone conversation and also to complain about being hung up on. No explanation was giving although she said she would ring me back in three hours or less to tell me why the mistake happened and also in regards to my complaint. No phone call back but received a letter a few days later apologising for the way i was treated in my first phone call. Still unhappy with no explanation I decide to take it up face to face at my jobcentre. On arriving I ask to speak to someone who could help me with the mishandling of my claim. I was made to wait for almost 30 minutes to see someone. I sat down explained everything to him in how someone made a mistake over the phonecall. He told me people claim to make phonecalls all the time after not attending appointments etc. I asked him if he was calling me a lier he said no, so i said his admitting to the jobcentres mistake then to which he also said no. now I'm confused i'm not a lier but they never made a mistake? I asked what they are going to do about my claims of mishandling my account. he got me to fill out an appeal for backdated money/complaint. I asked for a pen to fill it out he then told me to move tables to fill it out as he had another client to deal with at 10:45( if i remember correctly) I asked shouldn't he be dealing with me first? to which he replied if i'm finished by 10:45 he will.He then accuses me of being abusive and aggressive towards. I ask how his come to that conclusion to be told its his opinion. So I ask hows his come to that opinion he told me the manner in which i was acting. All this time i'm sat back in a chair speaking in a calm and collective manner. I swore once but apologised straight away and explained i was frustrated. I move to another table fill out the form and right the complaint. During this time his left his desk so I wait for him to return. He does I Give him the the form and complaint and ask what is going to be done about it. he told me his dealing with another client now so i would have to go back to the other table. to fill out the form properly i do this and once again when I've finished his gone, but what i presume to be his next client is sat at his table, i go over place the forms on his desk and leave. still not happy with no explanation and becoming frustrated at the way i'm being treated I ring the jobcentre the next day to ask to speak to the manager. He would not give me a straight answer on anything I asked him always replied could or maybe answers, but he said if i can provide proof from BT that my wife made the call he would look into it, I explained that that doesn't help my family's financial situation at the present time. He told me to go for a crisis loan. So I said when i tell them my crisis is for the DWP's mistake there not going to give me one are they. He told me its not his decision. The day after I phoned CAB and explained all of the above to them. They told me to follow everything they told me to do by doing a reclaim and also that they shouldn't be asking me for proof of the phonecall that the jobcentre should prove to me that the phonecall never took place. I then phoned the manager again and explained what CAB told me, but that i was happy to prove the phonecall was made anyways just for peace of mind on my behalf, but I couldn't do this straight away as BT hadn't processed my bill yet. (I phoned BT before speaking to CAB to be told this.) That the basic story. Also should mention that the manager told me i'd likely win my appeal for backdate as they hadn't notified me of writing to let me know they was closing my claim, I did mention why I have not been told my claim was closed. Since speaking to the manager a second time i have received two letters from them, one being my P45 (but no letter to say they've closed my claim) and another which goes as follows. (I'll withhold names/dates/locations as i'm not sure its allowed) Dear Mr xxxxxxx I refer to our discussion on the xx/xx/xx regarding your claim to jobseekers allowance. I am also writing regarding your attendance at xxxxxxx jobcentre plus on that day and also on the xx/xx/xx We closed your claim to jobseekers allowance because you failed to attend an appointment on xx/xx/xx you have told us that your wife contacted us xx/xx/xx. You have agreed to provide evidence of this phonecall. As we discussed in our telephone conversation on the xx/xx/xx, if your wife did contact us on the xx/xx/xx, you clearly have not received the level of service that you have a right to expect. I am sorry if we have made a mistake in closing down your claim. I am very concerned about to learn that staff at xxxxxx jobcentre were upset by your attitude when you attended the office on xx/xx/xx and xx/xx/xx. Your manner was unacceptably aggressive and this behaviour is clearly getting in the way of our efforts to help you back into work. I am keen to the we re-establish a professional relationship with the staff here at xxxxxx jobcentre, and that you understand that people working for jobcentre plus have the right to be able to carry out their work free from intimidation. We are committed to treating you in a fair and polite manner. In return I expect you to treat us in the same way. Therefore, I trust that you will make sure that this type of incident does not happen again. For your information I am enclosing a copy of the leaflet, 'our service standards', which sets out your responsibilities to us. If you would like to speak to me about this letter please ring xxxxx xxxxxx during office hours Yours sincerely xxxxx xxxxxxxx customer service manager xxxxxx jobcentre. *NOW I SHOULD ALSO NOTE* Having signed on a few years back and having had terrible dealings with the DWP in the past i decided this time to record all verbal meetings with the jobcentre be it face to face or over the phone, including all of the above. Now throughout my time i have remained calm all but once when i swore out of frustration not anger and i apologised straight away. So you can imagine my surprise in receiving that letter. I would very much like some pointers in how or what i can do to sort this matter out as I'm being accused of something I haven't done. Also can i use the recordings to prove this? Can I request CCTV to back up my claim that i was calm, What information do they hold on me( will they have tagged me as a troublemaker now?) I still haven't had an explanation on how my claim could of been closed ( I suspect i'll receive some letter when i show then proof) Can they treat me this way? Should I take this all the way or forget about it? Really haven't a clue where to start all help would be most useful many thanks CBLB2012
  19. Hi all, Today I have received a letter telling me I'm being investigated for benefit fraud and I must attend an interview under caution. I can categorically state I've not been involved in benefit fraud and I'm a mixture of angry and worried. I called them to ask what it was about and all they would say is that they have reason to believe my partner was living with me when I claimed. Here's the situation: I was living with my partner until June 2010. Due to various reasons we separated and he moved out. From this point I claimed benefits as I was looking after our child etc. He moved into work accommodation and paid his rent, bills and registered to vote etc etc. This can obviously be proven. We had a child together and when I called benefits to advise that my partner moved out they said "will you be sorting out child maintenance?" I replied that we would sort it out between us which they were happy with. We were amicable for the sake of our daughters and he suggested paying the gas, electric, water, tv license aswell as contributing to clothes, nappies etc for kids. This contribution amounted to about the same value as the £180 per month I would get from the CSA. It made sense too as I only have a post office account so could not have direct debits. So he kept to the direct debits. His accommodation was a single room in works accommodation and due to the nature of his work it was not appropriate for kids to go there. He would come and visit the kids and take them out a few days a week. On the odd occasion he would stay overnight to look after them more. He would sleep on the sofa and didn't eat with us at all as he was on maximuscle protein shakes so didn't eat lol. By staying over on the odd occasion I mean rarely. This continued for months. In may 2011 we began to discuss getting back together and he moved in early June and we immediately informed dwp and hmrc etc. Today 6/7 weeks later we have received this letter. I'm just worried and angry as I don't see that Ive done anything wrong at all. I can prove he lived elsewhere. What evidence could they have when ive been completely above board? Any help, advice etc would be great. Thanks
  20. Hi, Can you pl help me with the following: This is for a friend of mine who has no PC/internet etc. She's absolutely desperate and i told her that CAG had helped me with various issues and this is her situation: She has just become unemployed again after an 8 month contract working. She had previously been unemployed for nearly 2 years. She has now been told that the DWP is linking her 2 periods of unemployment and that as she will have had 104 weeks mortgage interest they will stop paying mortgage interest in August 2012. My friend understood that if you worked for over 6 months a new claim would be started if you subsequently became unemployed through no fault of your own and mortgage interest would be payable after a 3 month wait. She is now currently left with £9 a week for herself and her son to live on. Does anyone know what the rules are? Many thanks, Wrecked.
  21. I am a long-term unemployed and I receive JSA and Housing Allowance. My savings have always been well under £6000. I have been subjected recently to a number of compliance checks (not formal investigations at the moment) and movements on my bank account have been scrutinized. As I don't believe in traditional medicine, every other month I order some good quality supplements at very discounted prices from the USA. To keep costs down and not pay VAT my orders are slightly below £15 each, therefore not very high. But on my bank statements they are flagged as "international payments" and the officers have raised questions whether a long-term unemployed should afford to make "international payments" with a certain frequency. So, partially to keep costs further down and partially to avoid the aggravation of explaining the story to the DWP, I am thinking of getting a prepaid card in dollars, fill it with £15 or $25 each time, and complete the order. At the end of the transaction the balance should be near zero. Do I have to declare all of the above to the DWP? Thank you for reading.
  22. Hello CAG, I would like to know how long income remains income in a bank account before it can be treated as capital.When looking below, please bear in mind that I know £6,000 is the lower limit, the figures used are rough and I also understand that DWP decides the first and last day of term irrespective of when they actually are. My wife (who is severely disabled) recently was asked to provide bank statements for last 3 years and for myself for 1.5years (the length of time she has lived with me). My accounts are always pretty much zero but my wife has a few savings, a large income from DWP and is also a full time student therefore receiving student loans/grants (in place of some IS during term time). So when you look retrospectively at our capital it would appear as if there are savings when in fact it is income. For example, one day My wife would receive £2,000 in the form of a student loan and grant that is to last the term and also the IS is reduced as the loan is classed as income of some kind. At the same time she would have about £4,500 in a saving account so it would appear when looking back at our daily totals that on that day she had savings of £6,500. Obviously on that first day it iseasy to prove that the £2,000 is income but this is to last the whole term (let us say 16 weeks to keep things simple) So I would like to know what are the laws regarding on this when DWP look retrospectively at capital: 1.) Does my wife have an obligation to spend an exact amount each week and any short fall of that amount becomes savings (so the £2,000 should become £1,875 through the second week, then through the third week it should be £1,750)? 2.) Similar; is it expected to be spent evenly over the three months monthly (£2,000 as income for four weeks then £1375 as income the next four so on, so forth) 3.) Is there no expectation in law for my wife to spend i tat a set rate so the full £2,000 could be savedand then spent in full on the last day of term with no problems and if not spent then it is treated as savings only after the last day of term? It is also the same question for the DLA she recieves as this is paid monthly. I appreciate your help on this but please may I ask that only fact and not opinion is used to answer as there willbe many opinions on what should be right according to how you view this. I will love to hear from anyone who went through the same with a large sporadic income being treated as income to reduce IS then afterwards being used as capital to further reduce IS Thank you for your time in reading this.
  23. hello my civil partner has a history of cancer, lymphoedema (severe swelling in legs and abdomen) caused by radiation treatment and surgery to her leg where a very large tumour was removed from her leg, her abductor muscle cut and femoral artery subdivided. This causes severe mobility issues, and a need for care full time as well as domestic and personal care. My civil partner has claimed income based ESA since 2009, she was in the support group after first medical, put in the wrag after second medical and then started at uni from 2011-2012 to top up her HND to a degree. For this she went onto contributions based ESA, and had student funding. She has had a learning support assistant to support her whilst at uni, and me to support her needs while at home. During March she found another lump which was diagnosed as a secondary malignant tumour on her back (it was a more agressive tumour than the one she had in her leg in 2008) and we sent a letter to ESA/DWP asking for a supersession request, due to her illness, treatment and surgery. with all medical evidence from her oncologist/orthopaedic surgeon. At the end of April this year her contribtions ran out and her ESA ended. We were still awaiting to hear re the appeal, so I popped into the local job centre who advised she should have been receiving income based ESA after her contribtions with ESA ran out. So we filled out a change of circumstances form and sent it off. on the 28th of May they sent a letter explaining they couldnt pay ESA until 26th of june when her uni course officially ended even though she did not complete due to medical reasons due to what she was going through with cancer recurrance, tests, surgery, in patient for 2 weeks etc. They wrote and said she would be entitled to £160 a week from 26th of june as income related esa, I called and queried it and asked them how they calculated it as I still receive my nursing bursary of £6701 (as i am in wales!) and they said send a letter and evidence which I did almost 2 weeks ago. We are a couple and have sent proof of our Civil Partnership to them many times, yet do not want the couple rate as I have my nursing bursary and were told it would be single person rate plus WRAG plus Disabled premium. Called them chasing it 3 times today...first call back left message on voicemail to call them back, I did and the person who left the message had not written any notes as to her voicemail so I requested another call back. She called me back and then when I advised that £6701 and DLA was our only income she said we wuold only be entitled to NI tax credits as my income (bursary) was above the threshold allowed. I asked her to check this...she put me on mute (not hold) and asked others in the call centre how to do/calculate it! or work it out I kept saying hello and then she said a few times "oh she has gone" even though I was still at the end of the phone!!! When I tried to call back for the third time I was told, oh they went at 5! hence at 4.55 why I could hear her but her not hear me??? strange!!! So my question is, our only income is my nursing bursary of £6701 I am not entitled to student loan or any other finance as I am in Wales. My partners only income is DLA and we have a car out of the mobility component that is adapted to her needs. Have they calculated it wrong? What could she or should she be entitled to and why? As surely they do not expect her to live on £30something a week and just my nursing bursary and her DLA. We do not get housing benefit and just 25% off council tax as I am a full time student. Please help as seem to be getting nowhere with ESA and it is stressing the both of us out so much!!!!
  24. Hi I out of the blue received a demand for over £500 from the Department for Work and Pensions. I called them and they advised that I owed them money from a crisis loan I had taken back in 1999!! Of course, I have no recollection of this supposed debt and would assume it had been repaid. However they say it has not. The other thing is that the debt is over 12 years old, are they allowed to pursue you for such an old debt? If anyone has some advise of what I should do it would be appreciated, I don't have £500 to repay them at the moment but if that is the only option I guess I have no choice. Thanks, Happy go lucky
  25. Hi there,I has an appeal hearing at Liverpool Family Court on Friday 22nd June 2012, there was just a Doctor and a 'Lawyer' on the panel. I felt like I was being cross examined at The Old Bailey', and subsequently lost my appeal. The CAB was supposed to be assisting me in this matter, but all I got as preparation was a 10 minute interview at my local CAB, I was told that it was not worth them sending anyone to my appeal with me as they would be turning out for just my appeal, and I was given a 'deposition' that consisted of 4 lines, quickly typed up while I waited, I feel very let down by them. To make matters worse, I was given no reason for the rejection of my appeal, other than 'you didn't satisfy the descriptors' furthermore, the rejection letter that was on the table when I went back into the room had two dates on it, 'date of hearing' 22/06 2012, but the judges signature was dated 21st June 2012, and the issued to parties date was also 21st June 2012, how can they have decided my fate and informed the DWP the day before the hearing. It could well be an error on behalf of the panel,incompetence more like. Can I appeal to the next tier based on the miss dating of the rejection letter, it is, after all a legal document. I have suffered from Osteo arthritis, COPD, Angina, Carpal Tunnel syndrome Cervical neuritis, Spondalitis and Diverticulitis, for over ten years, yet I was given 0 points on my assessment score. I am 57 years old, just who do they think would employ someone like me? Many Thanks, Regards, Nick
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