my hell...

[bongz]

I am severely disabled; I am a recipient of High Rates of Care and Mobility of Disability Living Allowance. I also have a four year old dependent.

 

The dependant’s father lives in the same property but we are not a 'couple'. He is also suffering with severe health problems and cannot work. We have separate living areas. I am upstairs and he is downstairs.

 

We lead separate lives but have managed to create a stable environment purely for the child we have together. I also require around the clock care and assistance because of my mobility needs., we do not have any kind of other relationship but have been friends for over 20years.

 

I have never denied or tried to hide the fact i have a child with someone who lives in the ground floor area of my rented accommodation.

 

However after several investigations into the living situation I have with my child's father, both Housing Benefit and the DWP were in fact in agreement with what they found and were happy with the manner in which the interviews were carried out.

 

The main concern was obviously for the dependant and also we felt it was wrong to claim more Housing Benefit etc..for two separate addresses. Investigating Officers agreed!

 

An officer from Christchurch Housing Benefit visited me in my home on 27th July 2010 and was not concerned about the situation and assured me not to worry. I heard nothing more on the subject until I was interviewed last August 2011 by a Customer Compliance Officer from the DWP.

 

He explained that he was following up on a visit from Housing Benefit 13 months previous. I was claiming as a single claimant as I am not part of a 'couple' I was informed by the interviewing Officer that if by three months i had not heard back from the DWP, the Decision maker would have in fact agreed that i was not living as a 'couple' with my child's father. I did not hear anything back from the DWP until i went to the Post Office on April 5th 2012.

 

The amount that was normally there was actually more than £200 lower than what it should have been. I immediately called the DWP BC at Chippenham. The gentleman I spoke to was kind and considerate and was surprised. He informed me, that on 30th December 2011 it was in fact decided, I was living in a couple (I am not) and this is why my benefit had been reduced to such a lower rate!

 

The gentleman urged me to Appeal this decision. The following day I received a booklet from Income Support to fill in asking the details of My 'partner'..But I do not have one!!! I telephoned the DWP again and was told NOT to complete form A2 as this was admitting i was in fact in a relationship with my child's father. I contacted Disability Wessex; I was in total shock, upset and extremely scared! I required help and quickly..

 

My failing health and quite honestly my mental state is also suffering. Disability Wessex have Appealed on my behalf and sent this letter of Appeal dated 21st April 2012 to the DWP...On April 21st 2012 I received a letter informing me that from the 24th March 2012 i would receive £126.88 a week, this would change again on 14th April 2012 to £133.04 a week. On the 26th April 2012 I receive a confirmation letter from the DWP to say that my Appeal against being in a 'couple' has been 'logged'

 

 

Then on 11th May I received a letter from Housing Benefit to inform me that all payments have been suspended. Now I am quite honestly beside myself with worry, my main concern being for my 4 year old dependent! I telephoned Housing Benefit who were very lovely but powerless to intervene because Income Support had stopped on 24th March 2012.But as I pointed out above.. it had not. It had been recalculated to a 'couple' rate..

 

Even though I had insisted several times I am by no means in a 'couple' and I am appealing the decision!! On 16th May 2012 I received a letter from Income Support informing me I am no longer entitled to Income Support as of 24th March 2012 because my 'partner' (who is not my partner) receives an Industrial Injury Payment on a weekly basis and this left the amount of Income Support at -£25.02. As you can see and have read...this is all very muddled, THERE APPEAR TO BE MANY ERRORS and it is extremely confusing.

 

 

I have been left with no money at all and have waited over one week for a 'Standard Reclaim Form' from Housing Benefit (who have been very kind).I have telephoned the DWP several times as I need the Appeal dealt with as a matter of urgency, I have no money coming into my household and of course the usual utility bills, food, clothes, my medication (12 Prescription items per month) plus my rent, need to be paid! I AM FEELING 'BROKEN' I was also in receipt of Severe Disablement Allowance..this was on the basis of my Higher Rate Care within my award for DLA.DWP have agreed this should not have ceased as it was Income Support that was affected NOT my SDA..

 

 

I have been told in no uncertain terms to 'kick' the father out and you will get all your Benefit reinstated..this does not feel or appear a very fair comment to make to one so vulnerable and in need of help.

 

 

 

This is not in my opinion the manner to treat disabled people/claimants. . I am asking for your intervention and for you to please listen to my plea for your help..

 

 

May I thank you for reading this.

For your time and for your kindness.

 

 

UPDATE...

 

 

Since writing this letter, my Severe Disablement Allowance has been re-instated (£80.70 pw) but Housing Benefit will not pay anything towards my rent until I complete the Re-claim form as a 'Couple' and complete the 'Partners' details..I cannot do this because I would be lying..

 

 

They are standing by Income Supports decision to cease any payment until a decision is made at Tribunal. I do not know when this will be. I was informed two weeks ago by the DWP it is classed as a matter of URGENCY due to the threat of Eviction. It is 5th June 2012 today and I am petrified of what is happening.

 

 

I feel scared, victimised, depressed and very desperate. I do not choose to be disabled and ill, I would rather have my health than endure such poverty and distress. I am still awaiting a date for my Tribunal and I am very poorly. This whole situation is having a terrible effect on both my mental and physical health. I have also recently received a letter from 'OVERPAYMENTS' I telephoned them and again they were very helpful.

 

 

The lady I spoke to explained that there are two categories for Overpayments, one is 'Fraud' and the other is ' Mistake' she explained that mine was a 'Mistake' so to try to put all the worry to the back of my mind..

This, although kind of her, is easier said than done...It is June 23rd today and I have been told by the Tribunal service it could be another 9weeks....[/

Edited June 23, 2012 by bongz
names should have been omitted. Further edited to make easier to read

[BRIGADIER2JCS]

Hi I have flagged your thread for the attention of

members of the site team experienced in benefit

problems.

Please be patient as it is the weekend they will look

as soon as they can.

[bongz]

Thank you so much..i do hope you don't mind my asking for help..I am beginning to feel completely lost in a DWP fog..Thank you again.Best Wishes to you.x

[BRIGADIER2JCS]

Thank you so much..i do hope you don't mind my asking for help..I am beginning to feel completely lost in a DWP fog..Thank you again.Best Wishes to you.x

I'm sure the others wil be able to help this area in not

one I am fully knowledgible about.

[ErikaPNP]

Goodness, how awful.

 

Have you formally submitted your appeal yet? If not, please do so right away because there are very strict time limits on this. If you don't know how to appeal, let me know and I will post a link to the relevant form and guidance notes for you.

 

If you have submitted your appeal, do you have the DWP's submission yet? (this is a bundle of paperwork that they send you with details of how they arrived at their decision).

 

If you don't have the submission yet, have they given any indication of why they believe you to be living together as husband and wife?

[bongz]

Dear Erika,

 

Yes, i have my Appeal letter.I received it on 20/06/12 i also have my papers from the DWP..They have lost the CCO Report from when he visited last August but have written something about his visit so i presume they contacted him.Non of it makes sense to be honest and there are many flaws within it.I could do with a solicitor but trying to find one who specialises in these awful matters is very difficult! Thank you for your kind message.x I was found not to be living as husband and wife since 2006 and then for some very odd reason, after the CCO visit last year it has taken until April this year to decide i am..But i am NOT! it is completely wrong! x

[ErikaPNP]

Flaws are great! You may not think so at the moment but they are often what disproves the DWP's case.

 

They will be expected to produce all of the evidence for the appeal so if they have lost the CCO report and cannot reproduce it, my line of argument would be that if the information contained in that report is prudent to the outcome that any decision made in the absence of it may result in an unjust outcome.

 

You don't need a solicitor for the appeal - in fact I only recommend a solicitor if there is a criminal case. For an appeal, use a Welfare Rights Representative - they are free. Unfortunately due to funding cuts there are not as many of them as there used to be but in regard of how to find one first ask if your local council has a Welfare Rights Representation Unit. If they have, make an appointment and ask for help. Do not be afraid that they are council employed - this has no bearing on HB/CTB, they will still fight your cause for you as that is what they are there for. If not, ask at your local CAB. If CAB do not have one locally, they should be able to refer you to someone who can help you. I can help as can others here but we can only do so much for you online so it is always better to have someone who can physically sift through the DWP's submission and either write a submission for you, represent you at the appeal or both.

 

Aside from that, work on the flaws. Make what we call a 'Contradiction countdown' - basically list everything they have got wrong and next to it what the correct information is along with any information which would help you disprove their theory. Look also for inconsistencies in their information. For example, they say one thing then in other information they totally contradict it. Do not think about 2006 because unless the overpayment covers that period, anything to do with that time is irrelevant and won't be considered by the tribunal. On the other hand, if the overpayment does cover 2006 then do consider it.

[bongz]

Erika,

 

THIS IS SO VERY HELPFUL OF YOU AND THERE IS SO MUCH WITHIN YOUR POST THAT WILL REALLY HELP ME.THANK YOU.i WILL KEEP YOU POSTED AND IN THE MEANTIME, IF YOU THINK OF ANYTHING ELSE..PLEASE LET ME KNOW.I APPRECIATE YOUR HELP.ALOT! XX

[fee0000]

Hello,

I'm really sorry to hear about your situation! I am in a similar situation except that I'm not disabled, I have no child and person I live with is not my partner. But yet after CCO visited on 14/06/2012 I already had decision that they concluded us as a civil partnership! So basically they've put me in a gay relationship and stopped all my claims for JSA and HB! I wasn't even receiving any money yet since I claimed on 24/05/2012.

 

Reason I'm writing is that I've realised that there is load of people in very similar situation and my friend just asked me if I was thinking to try to gather some people with similar sases and try to start a class action against JC or DWP or CCO or whoever is responsible for making our lives living hell!!

 

All the best for you and I hope you manage some how to not lose any more of your physical and mental helth x

[bongz]

Dear Fee0000,

Firstly thank you so much for taking the time to send me a message.I am really sorry that you too are going through this hell they appear to take pleasure in putting us through..Please, please don't not give up in something you believe so strongly in, someone somewhere at some point has to listen to us..I think your idea is great, you are right, there are so many of us and i am right with you and your friend..Thank you for your kind wishes and please do keep in touch.I wish you both well and keep fighting..xxxi

[Slatted]

Hello,

I'm really sorry to hear about your situation! I am in a similar situation except that I'm not disabled, I have no child and person I live with is not my partner. But yet after CCO visited on 14/06/2012 I already had decision that they concluded us as a civil partnership! So basically they've put me in a gay relationship and stopped all my claims for JSA and HB! I wasn't even receiving any money yet since I claimed on 24/05/2012.

 

Reason I'm writing is that I've realised that there is load of people in very similar situation and my friend just asked me if I was thinking to try to gather some people with similar sases and try to start a class action against JC or DWP or CCO or whoever is responsible for making our lives living hell!!

 

All the best for you and I hope you manage some how to not lose any more of your physical and mental helth x

 

Do you not have to have a certificate or ceremony to have a "civil partnership"? and does this mean that people of the same sex who have to live together for any reason (ie. in close proximity NOT as partners in any sense) will all be classed as in a civil parnership? It is getting ridiculous.....

 

The whole ethos of DWP and JCP etc seems to be one of judging before evidence so being seen as tuilty so punished before any "trial". The Legal system was meant to be innocent until proven guilty so how is all this happening I wonder?

 

A Class Action would be great but how to approach it I would not know...and who would be suitable claimants? Would it just be those with living arrangement issues or any where action of any type, with financial and emotional consequences, has been taken without sufficient evidence or on spurious grounds?

 

My friend was stopped benefits for two months because someone rang and said she was working and not declaring it.....they didnt find any evidence but she struggled as has no family or savings to fall back on and not allowed even hardship payments...and she is not at all well (hence ESA) with a history of self harm! (suffice it to say she is at breaking point now).

 

I feel very strongly about how even things such as sanctions seem to be applied in a totally judgemental and unreasonable way with the punishment starting without warning or a chance to appeal beforehand so even if overturned there has been a punishment whilst waiting for it to be overturned...how is that fair to anyone?

 

Am still wondering about how Human Rights are being met in any way....

 

Sorry for rant... just got a bit triggered there!

But in short I am with you both all the way.....

Edited June 24, 2012 by Slatted

[assisted blonde]

have you got a prepayment card for your prescriptions, it will save you a fortune and can be paid monthly and you can have as many items as you need with it.

[fee0000]

Do you not have to have a certificate or ceremony to have a "civil partnership"? and does this mean that people of the same sex who have to live together for any reason (ie. in close proximity NOT as partners in any sense) will all be classed as in a civil parnership? It is getting ridiculous.....

 

Exactly!! I researched internet to find out what is under "civil partnership" and I haven't found any thing else except that it is a law matter and it is only when two persons, same sex, will sign civil partnership papers!! It doesn't say about any other circumstances!!

That what made me and my flatmate even more angry about whole thing! Because if they wrote that we are a couple living together then well I'll be just angry about that and you know appeal to that but what they did is just ridiculous! That decision have actually more power because of how they named things which are not true any way! So frustrating..

 

A Class Action would be great but how to approach it I would not know...and who would be suitable claimants? Would it just be those with living arrangement issues or any where action of any type, with financial and emotional consequences, has been taken without sufficient evidence or on spurious grounds?

 

I just came up with the idea today but I think it should be for all claimants where action of any type, with financial and emotional consequences, has been taken without sufficient evidence or on spurious grounds and also where they were basically mistaken!!

 

 

here is a link to my thread if you would like to now a bit more about my situation:

http://www.consumeractiongroup.co.uk/forum/showthread.php?355053-Please-help!!-Customer-Compliance-reply-after-interview(1-Viewing)-nbsp

 

Thanks a lot for reading and replying!

I hope your friend got it sorted by now!

[fee0000]

Dear Bongz

I found some info about what are our rights when CCO is visiting, I don't know about you but the CCO didn't tell me about my rights such as interpreter (I'm foreign), that I can ask for a copy of statement they taking, that I can actually record all interview, etc.

Have the CCO which was visiting you told you about all this? Also if you disable or have ANY mental issues (it could be even a small depression) that you can have some one with you during the interview!

So they fail to comply with legal procedures!!!!!

Edited June 24, 2012 by fee0000

[Nystagmite]

You don't have to be married or in a civil partnership to be classed as living together as if you are.

[fee0000]

yes I know but We share accommodation as a friends and they decided that we are living with my flatmate as civil partners (maybe you could discuss my issue in my post, cause this one is Bongz's post about hers, thanks)

[bongz]

Hi,thank you for your post assisted blonde, yes, thank goodness, i received my exemption card a few weeks ago..I didn't know anything about them until my nurse mentioned it..I have to take so many different meds a month and was so worried about paying for them.I quite simply couldn't afford to.So thank christ she was on the 'ball' Thank you for your help.

 

I have now sent off my Tribunal forms and extra evidence.I have been told i should be allocated a Hearing date as a matter of urgency due to threat of eviction and the fact i am severely disabled and have a yr old dependant..I have been told it could be the latter part of July...i am still without Housing Benefit, CTB and I/S..So i have no idea where we will both be by then...Very low today and ready to give up if it wasn't for my dependant..x I will endeavour to keep you all updated..Best Wishes.X.

[bongz]

Hi fee0000...the CCO just kept telling me he believed me..i cried all the way through the interview as i am depressed and living with long term chronic illness and pain that goes with it! He really made me think he was my friend and said to call him if i need any help with anything..He kept saying, you need help and i am going to make sure you get it..I could barely see i was so upset..There were other issues i told him about as he made me feel like i could talk to him.( I WAS ASSAULTED SEVERAL YEARS AGO).How stupid of me!!! He did not show me what he had written and at the end said, i must go i have more people to see.Just sign here and here..which i did, it was a blur but i truly believed he would help and he said everything was going to be fine..i had nothing to worry about! Well, that was in August 2011..13 months after the Housing Benefit visit (they found me NOT to be IN A COUPLE) My Tribunal papers state, they have lost the CCO visitors papers..'NO LONGER AVAILABLE' and now i have lost everything, my sanity with it!! all because of his visit and whatever it was he wrote down that bloody awful day! I just feel like giving up...

[BRIGADIER2JCS]

I think there is a good reason for a formal complaint to the department

in reference to the obvious lack of care and incomptence, also a complaint

to the local MP.

 

This just should not happen!!!

[bongz]

I totally agree BRIGADIER2JCS...Who will listen though? Do i wait until the Tribunal date and let rip or what it the best way forward.I do have a Representative from A Disability Organisation but i just feel so lost and in limbo..I cannot get any money from DWP or LA my rent is due next wk, im ill and have a wee child..it really is quite a desperate situation.I never ever thought one could be punished so much for being vulnerable and ill..It is a disgrace!!! x

[BRIGADIER2JCS]

I totally agree BRIGADIER2JCS...Who will listen though? Do i wait until the Tribunal date and let rip or what it the best way forward.I do have a Representative from A Disability Organisation but i just feel so lost and in limbo..I cannot get any money from DWP or LA my rent is due next wk, im ill and have a wee child..it really is quite a desperate situation.I never ever thought one could be punished so much for being vulnerable and ill..It is a disgrace!!! x

 

If you wish (given that you are willing to give me personal details) draft

letters to your MP and the relevant government departments/ council departments.

[bongz]

Thank you, this is very kind of you..I am so pleased there are genuine people here, who care! I will check with my Rep that more letters won't interfere with my Tribunal process...its ridiculous isn't it, i am a nervous wreck, scared of telling them all they are doing wrong..how are they allowed to get away with leaving people with nothing?? !! I have no worries at all about sharing my details.I will get back to you once i have asked her and we can hopefully get 'stuck in' Thank you BRIGADIER2JCS..YOU are a good man.x

[fee0000]

Hi fee0000...the CCO just kept telling me he believed me..i cried all the way through the interview as i am depressed and living with long term chronic illness and pain that goes with it! He really made me think he was my friend and said to call him if i need any help with anything..He kept saying, you need help and i am going to make sure you get it..I could barely see i was so upset..There were other issues i told him about as he made me feel like i could talk to him.( I WAS ASSAULTED SEVERAL YEARS AGO).How stupid of me!!! He did not show me what he had written and at the end said, i must go i have more people to see.Just sign here and here..which i did, it was a blur but i truly believed he would help and he said everything was going to be fine..i had nothing to worry about! Well, that was in August 2011..13 months after the Housing Benefit visit (they found me NOT to be IN A COUPLE) My Tribunal papers state, they have lost the CCO visitors papers..'NO LONGER AVAILABLE' and now i have lost everything, my sanity with it!! all because of his visit and whatever it was he wrote down that bloody awful day! I just feel like giving up...

 

So it is a common thing they're doing!! Lady that was interviewing me said at the end "I need your signature, here and here and you don't really have to read all this as you saw me writing it" and I being stressed and nervous about all this and her being so nice that I just trusted her as she represents a governmental institution!! can you imagine?! well you can because they did that to you..

THAT IS A HUGE THING!! THAT IS A SERIOUS FAILURE TO COMPLY WITH LEGAL PROCEDURES!!

WHY IS IT HAPPENING?! HOW IS IT POSSIBLE THEY WORK THIS WAY?!

Edited June 27, 2012 by fee0000

[fee0000]

If you wish (given that you are willing to give me personal details) draft

letters to your MP and the relevant government departments/ council departments.

 

Can't you just let us know of relevant government departments/ council departments instead of asking for personal details?!

[bongz]

Hi fee0000, my god!! It really is awful, we are both having a similar thing happen and have found ourselves in a situation where we are fighting such a huge organisation as DWP! We can do it though and you are so right in what you say..It's almost like a false sense of security they show us, so we think they are helping us.They are well aware of our vulnerability and anxiety..I have no idea how they are allowed to get away with this and i really feel, there must be thousands like us, some too scared to speak out and fight for their rights...and we are right by the way!

 

I am so glad have met you and others on here, i want to help..i don't know where i get the strength but i have to..I can't eat properly,think properly, can barely move but somehow my brain although pickled(from this whole situation), has working cells in! I suppose anger can be a good reaction in times like these.Our natural response is fight or flight when we are in danger or threat and the adrenalin and our other natural chemicals can work wonders..we have to allow them to, to survive.I suppose what i am trying to say fee, lets allow our responses to help us, in a positive way...That is what ive done..I have to admit that on a daily basis, i cry, alot, i don't like to see my little one scared but this is what they have created in my household.Fear!! It is wrong and we must not allow this to happen..

I have spoken with my Representative earlier and i appear to have a good case..You do too, so please find some strength, i will help you..To fill in the Appeal form, post it recorded delivery.you don't have to speak to them, but make sure your appeal is acknowledged and logged.They will write to you when they receive it.then, you have made the first steps to prove you are right, you can do this.!

 

I am so sorry your friend has become somewhat un-supportive, i know how this feels too, it's the last thing you need right now.But there are plenty of people on here, who are compassionate and kind, knowledgeable too and will help you through this dreadful time..it will pass. I am sending you best wishes and strength.DO NOT GIVE IN AND DO NOT GIVE UP..OK? xxx