Income Support Tribunal.. Tomorrow

[proformance]

Hi all,

Have serious back problems in that I have severe sciatica. I have had one disc already removed and I have been diagnosed (following another MRSI scan) to have another disc removed. I am unable to stand or even sit for prolonged periods.

Was denied disability living allowance because my disability was deemed not disabling enough.

Was then denied incapacity benefit because I haven't paid enough tax credits recently.

Can't claim JSA because I am not well enough to work.

My last hope was income support.. I applied but was denied as they deemed myself and the woman I am staying with (a dear friend) as a couple, although we are not.

So my tribunal is to dispute the decision not to grant me income support because of their assumption that my friend who is housing me at the moment is my partner.

I was unable to arrange legal help to represent me for the tribunal and I am anxious about the preceedings. I would like some help and information from anyone in the know.

I appreciate any help and thank you very much.

Peter

[AuntiePink]

Usually I'd say ask for an advocate from either the CAB or a disability charity but I doubt you'll get one at this short notice.

If they wrongly assume you're a couple living together as if married then take with you any documents you have that prove separate financial dealings to support your case. If, for example, she pays all the bills and you simply pay to live there you could try showing that to prove it's her house and you're there as a lodger rather than as a partner. do you have a rent agreement or something in writing? Can you show payments from you to her in respect of lodging/rent/keep money? Can you take photos of separate sleeping arangements?

Basically, anything that can help you to prove that you are not living as man and wife will help you state your case.

ATB

[proformance]

Thank you very much for your help!

I don't have any formal documents outlining a rental agreement between us, however I do pay for the Internet bills as I require Internet for my literature research and such.

Basically, we don't really have any formal agreements between us .

I could take photographs of my bedroom, that's a very good idea!

Again, thank you so much and please feel free to add more tips and help, should you stumble across some more .

Thank you!

[AuntiePink]

You're welcome. Let us know how it goes!

[proformance]

Anything else in the way of formalities? Addressing the "board" etc?

Or any other ways I can help myself appel to them?

Thanks again!

PS. I go at 3, nervous!! :O

[Bookworm]

You could always tell them you're gay!

I'm kidding! BUT my joke also has a valid point to it: If you were sharing with a bloke, they wouldn't treat you as a couple, so you should bring to the attention of the tribunal that it would appear the only thing Social are bringing is an assumption that because you are of different sex, you must be a couple, talk of a HUGE leap of faith!

You don't have a current g/friend, by any chance? That would help too!

Good luck, stay calm, speak slowly, and don't volunteer any information they are not asking for. Take your time to make sure you understand the questions asked and if you're not sure, ask for clarification. Don't rush to answer, think about your answer and formulate it in as clear and precise a way as possible.

Let us know how you got on.

[proformance]

Thank you so very much, Bookwork and Auntie.

I'm going to leave now nd shall let you guys know how I got on when I come back. Hopefully good news follows.

Thanks again, ciao!

[robin9342]

Originally Posted by Bookworm

You could always tell them you're gay!

I'm kidding! BUT my joke also has a valid point to it: If you were sharing with a bloke, they wouldn't treat you as a couple,

Joking aside, the DSS will treat same sex partners as a couple:

"Since December 5th 2005 same-sex couples have been recognised as couples by the benefits agency. This means you have to make joint claims where appropriate and both partner's income and savings are be taken into account in deciding entitlement."

From: Advicenow: independent law and rights advice, legal service providers, advice service alliance, UK - Same sex, Different rules?

[Bookworm]

You're missing the point: Whilst they do treat same sex partners as couples, they will not assume that 2 same sex people sharing accomodation are necessarily partners, yet they make precisely that assumption about 2 different sex people.

[robin9342]

Yes, I agree. Surely it is for the DWP to prove to the tribunal that they are a couple rather than the OP having to prove he is not?

It shouldnt be too difficult: I once lived in the same house as my (now ex) wife but we were separated and the DWP called round to interview us. After the interview, I claimed Income Support, HB and CTB while she was working.

[Bookworm]

Exactly.

[proformance]

Hi guys,

just got back from a probably unsuccessful itribunal .

I say that because the guy was a complete a-hole and he managed to REALLY **** me off in there.

He was making sly remarks about my back condition when I told him I found ithard to sit in the same position for longer than 10 minutes, he said, "well, its been 12 minutes, are you in dire pain?". Quite a funny remark, in retrospect, i suppose, but at the time, it infuriated me. I then offered to show him my medical records and GP notes, seeing as he was so concerned with my condition and felt the need to make a sly comment on it. He then said "we don't care for your condition"... To which i replied "don't make smart comments about it then..."

So i sort of lost my cool in that respect.

Another was... "Katrina could rent that room out for £40 p/w, so why does she rent it to you for only £25 a week?"... I explained that is what friends are for and that she would rather put me up foe what I can comfortably afford (at the time), than make an extra £15 renting to a stranger.

He said, "you've known each other for 10 years and you claiming you are not a couple"?
5 of those years, she was married, to someone else, we were still friends, and 10 years later, after her divorce, our relationship is the same - FRIENDS. I then ASKED HIM if he were to let a female friend in-need stay with him, would he? He said yes so I then said, "well there you go - does that make you a couple, automatically".


He kept trying to put words in my mouth and given the circumstances, I was quite offended. Lost my cool, not in an agressive way, but more in a raher ****ed off way.

I will know the decision within 24 hours, but I don't think I have "won".

[AuntiePink]

Hang in there, mate. It ain't over till... well, let's just say I'm not singing yet

[proformance]

Thanks for your confidence Auntie.

Just to update you.... They failed to contact me today.. So I still don't know.. .

What's the usual turn around time for this?

[AuntiePink]

I'm not certain of the timescales but I must say I was rather surprised when you first mentioned 24 hours knowing that the wheels of beurocracy are normally much, much slower than that!

[proformance]

Yeah me too, but prior research had led me to believe that they tend to give decisions on the spot, almost immediately after the tribunal... Perhaps I am wrong??