DLA/Benefits Help! Needed Hi, Sorry this is a bit long but please read you wont believe it!
My mother in law has been on disability living allowance since 1995 and her partner since 1985. Since 1993 they have been handing in non dependant pay slips for their son and daughter who have been working since 93 and 94 respectively. Since 85 they have been paying rent and council tax and in one year they only recieved £1.65 in council tax benefit. At the begining of this year a benefit officer came to their home to carry out an assesment where she said off the record that they did not need to produce their daughters pay slips as that income was not taken into account as they are on disability allowance and they would recieve full benefit.
Since then we have asked for a subject access request and I have uncovered evidence from 1998 which proves that the benefits office were aware and had recieved evidence from my mother in law stating that they were both on disabilty living allowance, and in addition the benefits office have admitted to assesing there council tax benefit incorrectly for the last 6 years and offered a repayment which was refused by my mother inlaw. They will not accept liability for anything before 2002 and have not given a reason, in addition she has been told she still has to pay £158 a year in council tax.
Another thing is that the copies of the benefit claim forms are in some case incomplete and or have been completed in different handwriting to that of the claimants, both of whom say that they have never had anyone else complete forms for them. Housing Benefit information in places contradicts other information for example, in one year it will state that my mother in laws partner was on disability since 1985 and her since 95 which would be correct, but in another year it will state that the mother in law has been on disability since 1985. Also there is no evidence on any of the claim forms of the son. Both are adimant that they filled the sons information in when completing the benefit forms.
However, I cannot understand why they would falsify the forms and the evidence is there, the only thing I cannot prove is that they were aware of disability before 1998 as the records do not go back that far, nor can I prove what they paid in Rent/Tax previous to 98.
What is the next step? do we go to a solicitor and take them to court? or do we go citizens advice? Or should we confront them with the evidence and get them to pay up?
Can we claim conpensation? Thank You In Advance
Additional they bought their house in 2002 from the council could this affect their claim. |