Thanks for the information. I've downloaded PAP and will read up on it now.

Am I right in thinking that complaints to the FO prevent formal action being taken against you? I have 2 debts that are close to 6 years from the official date of default and I wish to complain about being mis-sold them due to affordability. I'm concerned that the DRAs may try and sneak a CCJ whilst I'm going through the complaints procedure and was curious about the likelihood and/ or the legality of such action.

Am I right in thinking that complaints to the FOS prevent formal action being taken against you? I have 2 debts that are close to 6 years from the official date of default and I wish to complain about being mis-sold them due to affordability. I'm concerned that the DCAs may try and sneak a CCJ whilst I'm going through the complaints procedure and was curious about the likelihood and/or the legality of such action.

Hi, I know that if you have savings then Incapacity Benefit doesn't take that into consideration as it isn't means tested but I'm wondering if I would still be eligible for it if I rent out a property I own? Many thanks in advance, Macky

Hi, I'm wondering if anyone can help me with quite a nice situation I find myself in. Via the Criminal Injuries Compensation Authority I was awarded £300,000 for both injuries and loss of earnings resulting from said injuries. I have notified Incapacity Benefit, Income Support and Housing Benefit and have been informed that my claim for I.B. is unaffected and also that because certain types of compensation are ignored I may still be eligible for I.S. My question is this: what types of compensation, and do I qualify? Many thanks in advance

Hi, I applied for a CCG for assistance with staying in the community rather than going into care. I currently receive IB, IS and lower mob. and middle care portions of DLA (currently going through a change of circumstances to get the latter upped to higher rate). They awarded me a certain amount and denied about half of what I was asking for. I sent in an appeal stating my reasons and received a letter saying that as they didn't receive it within 28 days so I had 12 days to state why I hadn't sent it sooner. In my reply to that, which I sent Special Delivery because the deadline was 2 days away when I got the letter, I stated that because of my disability I was unable to post letters myself and needed someone else to post letters for me and if there was a delay it would be because of that. I received a letter in reply stating that my reasons weren't good enough and they wouldn't be looking at it again. I can get no further information from anyone only that there is no form of appeal against that final decision. So I need to know whether this is true? If not then what reasons are valid for not having the appeal letter in on time? Finally where can I go from here? Any help would be very grateful received, Thanks in advance, Macky.

Hi, hope someone can help. Are there any circumstances in which a claim for Income Support can be backdated for more than 3 months before the date of a new claim? I'm being quoted "Regulation 19 (5) (b)"...but of what and where can I find a copy?

I agree and the more I think about it the more it gets to me. Benefits are there to help those most in need and it seems ridiculous to assume that those most in need know everything they may be entitled to. Why should anyone be denied something because of ignorance of anything that is essentially theirs by right. Since making this claim I've spoken to two people I know who are in a similar position to me (i.e. Incap Ben and either middle or higher rate of DLA care) and neither of them have heard of these premiums and yet provisionally would appear to fulfill the criteria necessary to benefit from this. Something fundamental really needs to change within the benefits system and I'm definitely not going to take this lying down.

Thanks for the help and feedback all. I think what riles me the most is that because my NI contributions were above a certain threshold I qualified for IB rather than IS and so have to check to see for myself what benefits I could claim rather than have a computer flag me as a possible candidate for these 'Premiums'. After a day's worth of trawling the web and getting lots of help from various forums (thanks very much people) I've managed to find out that the IS computer systems have been flagging potential IS candidates for any of these three premiums since 13 December 1993 but that IB claimants have been left out completely and as such I'm missing out on about £5000 worth of benefits...very irritating. I'm still at the early stages of this but because of groups such as MSE and CAG I've learned not to just roll over and accept this but rather to fight as hard and for as long as I can. After all they're saying no now and all that's going to change is I spend 6 months writing letters and still getting another no...no hassle for me really...I've got ALL the time in the world and I can only really gain. And as for writing a letter to my MP well...he does have a surgery just round the corner from me next week so I may pop in and talk his ears off for twenty minutes or so!

Actually as you've mentioned above re not being DWP's job to tell people what to claim (why shouldn't they after all?) someone has pointed me towards the Hansard debates 20th April 1994 and apparently this is still valid today: The Secretary of State for Social Security has asked me to reply to your recent Parliamentary Question in which you enquire about suggestions that Benefits Agency customers with entitlement to a severe disability premium (SDP) have not received it due to a computer error. I would first of all like to explain that the problem did not arise from a fault with the Income Support Computer System (ISCS). It has always been possible to include the SDP in system produced payments of Income Support if entitlement existed. The problem arose because the complexity of the criteria necessitated staff making further enquiries in cases with potential entitlement. This was because it was not possible to obtain all of the information to determine entitlement on the intial Income Support claim form ; inclusion of all the relevant questions would have increased its size and complexity unacceptably, particularly for the majority of customers from whom the information was not required. Inevitably potential entitlement was sometimes overlooked, further enquiries were not always made and as a result some awards of the SDP missed. In order to improve the initial consideration of claims a change was introduced to the ISCS on 13 December 1993. It will now identify a case with potential entitlement to the SDP as claim details are entered and issue an appropriate enquiry to the customer, removing the need for staff to do this. Similarly, potential entitlement is also identified when reviewing existing cases. Corrective action has been taken on all cases identified and full areas have been considered and paid as appropriate. Arrears are considered for any past period since 1988, when the premium was introduced, in cases where the award of the SDP was appropriate. We are considering what further action may be necessary to establish the extent of the problem and identify any further cases which may not have been correctly awarded the SDP. If any are identified enquiries will be made before they are referred to the adjudicating authorities who will consider whether, and from when, the SDP can be paid. I should explain that all claims to social security benefits are decided in the first instance by an Adjudication Officer who applies statute and caselaw to a customers circumstances before making a decision about entitlement. If a person disagrees with their decisions they have the right of appeal to the Independant Tribunal Service. There is a further right of appeal, but only on a point of law, to the Social Security Commissioners. These authorities, appointed in consequence of an Act of Parliament, are independant of both the Department of Social Security and the Benefits Agency. Consequently no Government Minister or official can comment on their decisions or intervene in matters for which they are responsible. I hope that you find this reply helpful. I just wonder whether I can use this being on Incap Benefit?

Many thanks for the reply...I have found this though after trawling the net re backdating of SDP: Mr M was awarded Income Support in April 2005. He then made a claim for Disability Living Allowance and was awarded middle care and low rate mobility in July 2005 (backdated to April 2005). There had been no other change to his circumstances, other than the Disability Living Allowance award, since he made his claim for Income Support. As Mr. M was living alone and no one was claiming Carer's Allowance he was also entitled to a Severe Disability Premium and a disability premium. Falls DHSS paid him the Disability Premium but apparently as Mr M did not return the IS10 that was sent to him they did not pay him the Severe Disability Premium. When Mr. M changed address in 2006 the clerk at DHSS noticed that a Severe Disability Premium should have been awarded. When this was applied for and to be backdated the Department refused to backdate and quoted Regs 19 which deal with backdating of a benefit, not backdating of a premium. They were wrong as Severe Disability Premium is a premium, not a stand-alone benefit that some-one claims. Our Representative took the case to tribunal and provided the correct legislation that the Department should have used. Unfortunately, the tribunal ruled against him taking the Department's side. This was an error in law and the case was sent to the Commissioner. The Department looked at the case again and admitted that they had got it wrong and that the tribunal had got it wrong also. The Commissioner however did make a full decision, as he wanted to clarify this type of situation. The Department stated that they would make this clearer in their training program and also to their Decision-makers. This is now part of NI legislation and can be now used in any further cases. The client was paid back £4,443.73 and we also managed to negotiate further compensation for loss of interest and stress caused. If this is part of NI legislation can I use it at all in England?

Hi, I found out yesterday, after ringing to find out about cold weather payments, that I may be entitled to the Severe Disability Premium. I'm currently receiving long term incapacity benefit, get the middle rate of the care provision of DLA and also the lower rate of the mobility portion. Nobody receives the care allowance for me and I live on my own so apparently I tick all the boxes for it so was advised to make a claim. I made a claim yesterday only to be told that I can only ask for it, because of something to do with Income Support (which I've never had), to be backdated for one month however apparently I've been entitled to it since Feb 29th 2008. Now this is a lot of money that I've missed out on and I would like some help finding out if it's possible, or if there are any precedents, for getting it backdated from the day I was entitled to it. Thanks in advance, Macky.

...can anyone help with this please? My grandfather went into a nursing home last year after a nasty fall. He was a headteacher for many years and because of his pension was paying for the majority, if not all, of his care. He was diagnosed with kidney cancer a couple of months ago and was moved into the nursing side of the care how and has now unfortunately died. A friend has since told us that because he was diagnosed with a terminal illness then the NHS would have funded a part of, or even the whole of, the cost of his care. What I need to find out is whether it's possible to reclaim anything that he himself paid despite the fact that he has now died and if so where to begin? I don't know if this makes any difference but he was in Wales for all of this time and all I can establish is that there MIGHT be different regulation there but can't get a definitive answer one way or another to anything I've asked to any part of the benefits agency. Any help would be most gratefully received as i'm completely befuddled by this. regards Matt

Give them the Halifax Registered Office address and they'll be able to serve them there: HALIFAX PLC TRINITY ROAD HALIFAX WEST YORKSHIRE HX1 2RG

Thanks for that - all has been resolved satisfactorily - I received all money that I shelled out and am now in the process of complaining to the courts. Apparently because they tried to serve a warrant on a different address they have acted unlawfully and I'm seeking compensation for distress.