Exemption for court costs due to benefits

[reduk054]

Hi all, wonder if anyone can shed some light on a friend's issue for me?!

He wants to take an OC to court, and is in receipt of inacapacity benefit, and therefore has filled out an exemption form for the court which was sent off along with thecourt forms and copies. One of the conditions from the court was that a letter should be enclosed confirming reciept of benefits, which he does not have, he has not had an official letter for over 2 years (is this normal?).

He sent three months (most recent) bank statements to prove that he was receiving this benefit, however the court sent the paperwork back, saying that it was an official letter that was needed (oh the red tape!).

Can anyone please advise me as to how he can get a letter, as he has written to his local office, but they have not replied?

He desperately wants his case filed asap, but is not able to pay the court fee.
Any advice would be really helpful!
Thanks
Red

[reallymadwoman]

I phoned my local jobcentre and after being passed around a bit (heaven only knows where to) they sent me out a letter the same day.

Tell your friend to be quick off the mark once he does get the letter. My first attempt was dated 1 month and 1 day before the court got it, and they wouldn't accept it.

[qbal]

Just go into your local Jobcentre and tell them you urgently need a letter for the court as they require a "Proof of benefit" letter with today's date on it. They may make you an appointment to see someone to get it typed, but you will get it that day. Have done this on a few occassions and they are usually pretty good if you tell them it is needed urgently.

[seftonview]

Dependent on his other income he may also be entitled to fee exemption/fee remission under the hardship rules.

	Hardship By and large the "harship" provision in the FSA waiver is a myth which is intended to create a sense that the banking industry is sufficiently well-intentioned to act fairly towards its customers even though their right of access to the courts has been blocked. In fact there are very few guidelines as to procedure and very little definition of "hardship". One unfortunate spin off is that many people in difficulty get their hopes up and go to considerable lengths to plead hardship to their bank in order to get a refund or partial refund of their bank charges only to be refused. Neither the courts nor the FOS have the power to order a bank to make a charges refund on the basis of hardship. We hear of some people obtaining a partial refund quite easily. Others have obtained money by being very persistent - but mostly we hear that people are refused. Even benefits claimants do not automatically receive hardship refunds. By all means try to get a bank charges refund on the basis of hardship - but don't bank on it!

[forgottenone]

Hello. Just going to share what I know ... as I've been on IB - yes, that long I am afraid - for 10 years now and there has been a lot of changes.

One of those is that IB claims in most parts of the country were contracted to a call centre, whereas previously you could contact you local Jobcentre/Jobcentre Plus and so on.

Has your friend received the annual tax letter from the DWP, which will have the amount of benefit received for tax record purposes issued yearly by them? If so, could that or would that constitute as 'proof' in itself? May not say 'you are entitled to' but it still says IB on the letters themselves, along with how much per year received.

Also, in the past I have - yes, after being passed from pillar to post but due to changes in the Jobcentre itself in more recent years services have been downsized or 'relocated' external to them. Some are now not as easily accessible as they were previously - phoned the number on the letterhead for the local IB office. And have obtained a letter by requesting it over the phone.

Also, rather than going through the usual JC staff ... I am afraid it really is Hobson's Choice these days because some staff are more 'aware' whilst some are not ... and may not have the information you desperately need to hand. It may be possible to get this information from the Disability Advisor at the JC. They mostly deal with all aspects of claiming, and I wouldn't have thought it would be a major problem for them to do this at all.

I am only speaking from my experiences, however, having been in receipt of IB for a while now.

Regarding the 'official letter'. Yes, it would be normal ... because you normally only get one award letter issued from the date it was awarded following the completion of an IB50, then being seen by Medical Services appointed by the DWP, then being awarded the claim. So, if you friend's claim was due for review say in 2011 ... they would not normally receive any further correspondence, apart from the tax letter I mentioned annually or any thing else such as letters about New Deal or how the JC can help long term ill back into work ... leaflets etc ... but they would not normally receive any further correspondence until their review came up. I am purely surmising here but from what you say, I am guessing they have been awarded IB with a review after a few years? If not, then disregard.

However, do ask them to take a look at the tax letter ... as that could be used to 'prove' your friends entitlement. It is an officially issued document containing NI number from the DWP for example. And it's really self explanatory to anyone at a court somewhere what it actually means or says.

Anyway, if they want a more official looking letter ... don't make it easy for people do they, especially those in an already vulnerable state these days ... I can only suggest, based on what I know of the system as it is ... it changes so rapidly, it is hard to keep up not just for claimants but for those who make the benefit rules, work with it as well. Another story, though not for here. But, each and every Jobcentre has a disability specialist advisor ... who may be able to help you get what you need more urgently.

[reallymadwoman]

The court rules are very specific in that proof of benefits has to be dated within the last four weeks, and they do very strictly enforce that.