~Starryeyes~
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Served prison sentence. Do I have to pay DWS back?
~Starryeyes~ replied to Santiago01's topic in Benefits and HMRC
Deductions from present or future benefits, direct earnings attachments, and a third option for Work and Pensions; back to the criminal court for a proceeds of crime hearing. If a confiscation order is granted it allows the DWP to seize a fraudster's assets. Fortunately for the original enquirer, the POCA hearing usually has to be within two years of conviction. Starryeyes. -
A Having problems getting ESA85 Statement from recent WCA
~Starryeyes~ replied to tommy456's topic in Benefits and HMRC
tommy456, Another scenario that Government apparently neglected to plan for! Probably because they were reluctant to pay assessment rate employment and support allowance pending appeal when they introduced the new system. In the absence of any definitive guidance to claimants or Jobcentreplus; advice varies from 'request assessment rate ESA at Section 5 of an SSCS1 form' to 'reinstatement of ESA payments is automatic'. Both are possibilities, neither are guaranteed. Especially for appellants who have claimed jobseekers allowance during mandatory reconsideration. Among a self-help group that my Mother belongs to, they have found the best method is a written request to their benefit delivery centre, accompanied by a copy of the acknowledgement of appeal from the Courts and Tribunals Service and a Med 3 certificate. To minimise a delay in payments, I suggest you close your claim for JSA in a jobcentre at the end of a jobseeking period and put your request for ESA into the post on the same day. Claims for ESA pending appeal do not need a new ESA1 or telephone claim. Payment would be rejected under the less than six months since a decision of fit for work regulation. Should anyone reading this know of some official guidance or policy, from Government or Jobcentreplus, as to an official procedure for appellants to claim assessment rate employment and support allowance pending an appeal to the Tribunals Service, please, pretty please, send us a link. Starryeyes. -
PIP Time Delay Will Be Almost 18 months before medical.
~Starryeyes~ replied to Lilly_Monroe's topic in Benefits and HMRC
Lilly_Monroe, Makes a mockery of Government's statement that by Autumn it is anticipated that, 'no one to be waiting for an assessment for more than 26 weeks'. And 16 weeks by the end of the year, because Atos/Capita are recruiting more staff, seems little short of fantasy. I cannot remember the last time Atos Healthcare were not trying to recruit staff. And Capita are not doing any better. Through circumstance my mother has met three would be Capita assessors in as many weeks. Two walked out of the training and the third resigned at the end of her first day! As you are in an Atos area (if you have the energy) it may be worth emailing any persuasive extra evidence that you can get, to them. Assessors for personal independence payments have more discretion over face to face assessments than assessors for employment and support allowance. Google; 'Personal Independence Payment Assessment Guide' and read pages 28 - 29. Evidence has to relate to the functional restrictions caused by the condition, rather than the condition itself. An example is someone who relies on ready meals because arthritis means s/he cannot prepare food, or mental health problems preclude meeting a friend for coffee because of the journey or social anxiety. Starryeyes. -
ESA - Work Related Activity Group / Wrong Date
~Starryeyes~ replied to JustM4TT's topic in Benefits and HMRC
Just M4TT, Unless you live in an area where new single jobseekers have to claim universal credit this may be a simple clerical error, in that the decision maker has confused it with a supersession. (New decision, which would be paid from the date of decision.) Assuming universal credit is not involved, the procedure for getting this sorted is as already advised. Written request for mandatory reconsideration, sent to your benefit delivery office via recorded delivery. Or at least hold onto the proof of posting. The Department for Work and Pensions have declined to provide an official form to request mandatory reconsideration, but if you do not like writing letters there is some information and a template on the Citizens Advice site. Google; 'Adviceguide', > 'Benefits' > 'Sick or disabled people and carers' Google; 'Employment and support allowance leaflet'. Refer Jobcentreplus to page 9, and ask them to pay the work related activity component from week fourteen of your claim. Or explain their reasons for not doing so. Your request needs to reach Jobcentreplus before 26 October 2114. Should you live in a universal credit area, unfairly, the picture may change. Due to delays with assessments and universal credit, there is a lot of confusion as to exactly when an assessment phase for employment and support allowance ends. Starryeyes.
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