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ManOfHarlech

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  1. As mentioned above none of us know the full facts about this child apart from the posted facts that she has been diagnosed with moderate learning difficulties and can walk perfectly normally without severe discomfort. The consultants or doctors whose care she is under must already know about the ‘exposing of herself’ and that hasn’t changed their opinion of her condition. Where you are acting irresponsibly is by trying to override that diagnoses by implying the girl has a severe mental impairment for the purposes of claiming HRM. A severe mental impairment is autism, schizophrenia or asperger syndrome not a condition which has hundreds of thousands of suffers up and down the country and whose parents get by perfectly OK without HRM. Also those children often return to mainstream classes with the proper support which doesn’t include labelling them ‘mentally impaired’ so the parent can have a free car. Also your 'help' wasn't balanced in any way at all and you made an assumption that Moggy is entitled. As pointed out that is not yours or my decision to make and will be decided by an appeal or tribunal, but the sad fact is you have now added another unwanted label to this child for the purposes of beating the system. That is not just irresponsible that is disgusting.
  2. Frankly Bookworm it is you that is now misleading moggy490. His child suffers from Global Learning Difficulties (also known as moderate learning difficulties) which is not severe mental impairment which would qualify for HRM. The lower mobility component allows for supervision care and pays £18.75 and that is the correct benefit. With proper supervision it would be up to the adult to ensure that the child didn't run into the road etc. I would add that the DLA have agreed with me and applied the criteria that the child's disability is not a severe mental impediment and can walk properly without severe discomfort and is not entitled to HRM. TBH you are being a little irresponsible by giving moggy490 false hope by applying criteria which is light years away from his circumstances and writing an essay in response won't change that in any way.
  3. How about you filling in the gaps then? If you have mobility needs To get the mobility component of Disability Living Allowance, your disability must be severe enough for you to have any of the following walking difficulties, even when wearing or using an aid or equipment you normally use: you are unable or virtually unable to walk, or you have no feet or legs you are assessed to be both 100% disabled because of loss of eyesight and not less than 80% disabled because of deafness and you need someone with you when you are out of doors you are severely mentally impaired with severe behavioural problems and qualify for the highest rate of care component the effort of walking could threaten your life or seriously affect your health you need guidance or supervision from another person when walking out of doors in unfamiliar places There are two rates of the mobility component depending on how your disability affects you: the lower rate, if you need guidance or supervision out of doors the higher rate, if you have any of the other, more severe, walking difficulties You may be entitled to only the care component or only the mobility component, or you may be entitled to both. Taken from http://www.direct.gov.uk/en/DisabledPeople/FinancialSupport/DG_10011816
  4. Actually they mentioned Banking Regulations which I interpreted as the banking code. Any way thanks for clearing that up.
  5. FDPM Witness Statements are not that hard to prepare. Use the one you have from the BOS as a template i.e. include the name of the court, the parties, the case reference number etc in the same places as they have. Just simply change the heading to state it is your Witness Statement. Then set out your case in numbered paragraphs with either 1.5 or double spacing. For me your stratagy is pretty obvious, you argue that you were never issued with a Default Notice. In support you can point to repeated requests for copies of the document and the BOS have failed to respond (include copies of request letters/applications). Also I assume that the DN does-not appear in the document bundle that the BOS wish to reply on? Therefore without a DN the BOS cannot go ahead with formal legal proceedings as they would be in breach of the CCA and therefore the Summary Judgement has to be dissmissed.
  6. Mandi you only face a discretionary length sanction if you decide leave your job without good cause. Obviously it would be up to the benefit office which deals with your claim, but looking at your circumstances I would think you have more than a 'good cause' for giving up work. At a guess I think you wouldn't face more than 2 weeks loss of benefit and probably none at all.
  7. I would ask your husband to inform the loan company that he doesn't live at your home any longer and to give them his new address instead. He should also ammend the electrol register to his correct address and park his van somewhere else. All the circumstances which indicate that he lives full time with you in can be reasonably explained and the failure to change address with the loan company/electrol register were unfortunate 'oversights' on your husbands behalf which he has now taken steps to correct,
  8. DLA Higher Rate Mobility is for people with physical disablities who either can't walk at all or virtually can't walk due to severe discomfort. As sad as your daughter's plight is it would seem to me that the DLA are applying the right criteria. The lower rate mobility is designed for indviduals who require someone to be with them whilst they are outside because they might injure themselves or get lost. LRM sounds more like the benefit which your daughter should be entitled to.
  9. FDPM WELL I successfully defended a Summary Judgement some years ago. My advice is you should remember a Summary Judgement is not a FULL hearing. What the other side are trying to do is short circuit the system by asking the Judge to strike out your defence on the grounds that you have no reasonable prospect of arguing a defence at a full hearing. To defeat a Summary Application all you have to do is show that you could produce a defence which is more than fanciful. There seems to be some excellent information provided by other posters for you to use in this thread. Therefore tell the Judge that you must be given an opportunity to present this evidence at trial to establish for example if your account was or was not an overdraft. By precedence he will have to grant your wish and dismiss the application from the other side. BTW don’t be shy in asking for costs when the Judge does dismiss their application. As a litigant in person you are entitled to £9.50 p/h for time taken in preparation for your case, travel time plus any costs incurred in buying paper, ink, postage or fees etc. £150 paid within 14 days should cover it.
  10. As a matter of interest I telephoned the Financial Service Ombudsman to ask their opinion. The answer I received was: "If in the terms and conditions of your bank account allow the bank to impose bank charges for unauthorised overdrafts then yes a bank can impose a charge. However, if you are suffering from financial hardship (being in receipt of Income Based Benefit would qualify as 'hardship') then a bank is prevented by the 'Banking Code' from adding to your financial hardship by imposing bank charges. In the event of charges being imposed the customer should at first complain to the bank along with evidence of hardship (e.g. a letter confirming receipt of Income Support) and the bank should waive the charge, if they don't then refer the matter to FSO."
  11. Hello first time poster here, It is my understanding that bank charges cannot be levied against monies deposited into a bank for Income based IS, ESA or JSA. Child Benefit and Child Tax Credits are also protected. I'm not 100% sure but charges might be deducted from deposits related to other benefits such as Contribution based ESA/JSA IB and DLA which are not means tested or child protected benefits.
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