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Ive just received a letter from the DWP Customer Compliance Team saying they need to visit me to discuss a query that has arisen concerning my claim to benefit.
I currently claim Incapacity Benefit, Income Support, Housing & Council tax benefit, Child Tax Credit and DLA for myself & my 2 sons aged 12 & 14.
Myself & my eldest son both have Asperger's Syndrome and my younger son has ASD & Dyspraxia, I also have a 10 yr old daughter.
I also had Breast Cancer a couple of years ago & have had 5 operations in the last 2 yrs of which have all been unsuccessful, consequently & also due to my Asperger's Syndrome I suffer from long term depression, anxiety & insomnia.
I have seriously depended on my family over the last 2 yrs for help with my children etc, due to my insomnia I am usually awake most of the night & then struggle getting up in the morning to take my kids to school. Up until recently my ex husband was coming round every morning to get them up, dressed, breakfasted etc & taking them to school, he has now moved 90 miles away & ive been seriously struggling. The school are threatening me with the Educational Welfare officer & that I may be prosecuted & even go to prison.
It seems someone, most likely my new boyfriends (I met him online 6 months ago) ex & mother of his 10 yr old daughter has phoned the DWP stating he lives with me although this is untrue, up until this week my boyfriend had his own house 40 miles away that he paid rent, Council Tax & utilitity bills for. He has now moved to his mothers house that is only 15 miles away so that he can come over more often & help out with my kids, ie take them to school & pick them up etc.
Obviously the period they are disputing I can prove my boyfriend had his own house but what will happen if they start watching me now & see my boyfriend coming round everyday to take my kids to school, it clearly states in all of my medical records that I have problems sleeping & heavily depend on my ex for help with the children. If my boyfriend isnt allowed to come round & help out with my kids then I will probably be prosectuted by the Educational Welfare. I am really at my wits end & feel like im damned if I do & damned if I dont, surely there must be some kind of allowance made for people in my situation?
Id be grateful for advise, many thanks in advance.
They will make allowances for people in your situation, provided you can provide verification of your needs such as a letter from your doctor to confirm how your illness affects you, and the assitance you may require as a result of that. The fact that you receive DLA in itself indicates that you have a disability and require some level of assistance.
If they are satisfied by what you tell them, that will be the end of it.
My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.
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Thank you so much for your reply Erika, I really appreciate it.
I had a DLA appeal last year & both my GP and my Occupational Therapist gave evidence of the help & support I received from my family in order for me to function. They mentioned how my ex husband had to help out around the house and with the kids because of the problems I have especially when im stressed & anxious.
Fingers crossed the DWP are as understanding as I dont want to lose my children, thanks again.
It might be worthwhile having your Occupational health therapist or someone else with you when they visit, for support.
My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.
Please do not seek, offer or produce advice on a consumer issue via private message; it is against forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.
(exceptions for prior authorisation)
If my advice has been helpful, please show your gratitude by taking a moment to click on the star icon on the bottom strip of my post
hi bcs. never meet with these people on your own. i suffer from several ailments, one being depression. when i had to pack in work,i am an electrician, depression and 50,000 volts dont go together. i went to the dwp and was handed a pen and a piece of paper, and then was directed to a line of phones on the wall. i picked up the phone and a voice told me that i good fill in the forms over the phone. i asked him did he know me, because i didnt know him. when we got home my wife called my crisis team and within 45mins i had a phone call off the dwp, they wanted to come and see me, to fill in the forms, a very nice lady and gentle man came, and tried there best to get me to say all sorts of different things, things like i feel ok, i dont really need 24hr care and lots more, my wife lashed into them and all they would say was they were making sure i was going to get all the benefits i was entitled to, we froze the meeting while my wife made a phone call. 10mins later my crisis team turned up and everything was cleared uo. try to get your boyfriend to sit in on the meeting, and asked them can you claim carers allowance because he looks after you. during the day and is on call at night. i hope this is of some help. regards scousemonk
The woman I spoke to from the DWP didn't seem to like the idea of my Occupational Therapist being present, she asked whether I could just have a friend present instead. Obviously if im properly represented by a medical professional she will have alot less chance to stitch me up. But seriously I need my OT to be there to calm me down as im likely to get very stressed especially as the DWP woman probably isn't going to listen to anything I say.
First things first, don't "assume" the DWP won't listen to what you have to say, and is going to "stitch you up". It is true as with all jobs that there are "jobsworths" but there are also perfectly reasonable people, and some who will go above and beyond what they need to do to ensure you are receiving all the benefits you should be.
If your Occupational Therapist cannot be present whether due to other work commitments (may already have a scheduled appointment with someone else) or personal commitments, you can ask a representative from a Welfare Rights Office to be with you instead, if you don't feel comfortable discussing your situation alone. They are trained to act in support of people or on their behalf in regard to benefit. The service is free and provided by some local councils. Failing that there is always the CAB. By the sound of your posts, I feel that you are becoming very stressed at this impending visit and I really do feel it would be beneficial for you to have someone present with you at this meeting, someone who understands in inns and outs of benefit and/or the inns and outs of your medical needs. You are of course entitled to have someone act as either as a supporter or a representative. You don't need to have permission from the DWP to have someone sit with you in your own home whilst you discuss matters with them, and they cannot dictate to you who can be there.
Re the previous post from Scousemonk, Your boyfriend will not be able to claim carers allowance unless he is caring for you 35 hours or more per week. "on call" is not included in the calculation of 35 hours, he has to be physically WITH you for 35 hours or more per week, caring for you.
My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.
Please do not seek, offer or produce advice on a consumer issue via private message; it is against forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.
(exceptions for prior authorisation)
If my advice has been helpful, please show your gratitude by taking a moment to click on the star icon on the bottom strip of my post
First things first, don't "assume" the DWP won't listen to what you have to say, and is going to "stitch you up". It is true as with all jobs that there are "jobsworths" but there are also perfectly reasonable people, and some who will go above and beyond what they need to do to ensure you are receiving all the benefits you should be.
If your Occupational Therapist cannot be present whether due to other work commitments (may already have a scheduled appointment with someone else) or personal commitments, you can ask a representative from a Welfare Rights Office to be with you instead, if you don't feel comfortable discussing your situation alone. They are trained to act in support of people or on their behalf in regard to benefit. The service is free and provided by some local councils. Failing that there is always the CAB. By the sound of your posts, I feel that you are becoming very stressed at this impending visit and I really do feel it would be beneficial for you to have someone present with you at this meeting, someone who understands in inns and outs of benefit and/or the inns and outs of your medical needs.
Im just going by the things ive read on these forums & by how the woman from the DWP reacted when I told her my OT needed to be present, ive also had dealings with the DLA so know how these people judge on appearences, ie I look completely normal.
I am autistic & have communication & social problems so talking to anyone I don't know face to face is an issue let alone someone who I feel will be waiting for me to say something that might wrongly implicate me as commiting fraud.
Unfortunately due to work commitments my OT won't be available for another week or so which I don't think will go down well, I genuinely don't think I will be able to handle the interview without her, she even attends all my medical appointments with me as I don't cope well when stressed.
In the meantime im paranoid that they are watching me, im struggling with the whole waiting to know what they are going to say & what will happen to me situation and im becoming more stressed & anxious by the day.
Autistic people are very honest & genuine by nature and the thought of someone calling me a liar makes me so frustrated, im scared of losing my children, my home & ultimately going to prison.
I know that they have a duty to check up on any reports they receive but im sure there must be a better way to go about it, it doesnt seem very sensible to do this to people like myself who have genuine mental health problems already.
Don't go solely on what you read here or on other forums. Remember what these forums are about, fighting for people's rights. You are only ever going to see posts on the internet about bad experiences. You are very unlikely to come across a thread where someone will say "Oh I had a wonderful experience with DWP", on forums where people come to seek help.
Now, if your OT is not able to attend, and you aren't comfortable having someone else such as a welfare rights worker, ask the DWP for another appointment. Explain that you have extreme communication difficulties in social situations with strangers and are easily flustered, and feel the meeting would go far smoother with your OT there to support you, but that she is not available on that particular day. You have a right to representation. Perhaps it would be better if your OT or welfare rights/CAB could also write a letter to the department. The only problem with this would be if you were consistenly breaking appointments and showed no intention of actually going. If you are denied the right to have someone with you, or they refuse to re-arrange to a day where you could have representation, then ask to speak to the manager of the section and simply ask why they are being obstructive to your right to have representation with you.
When you say this:
The woman I spoke to from the DWP didn't seem to like the idea of my Occupational Therapist being present, she asked whether I could just have a friend present instead.
Can you explain what this was in relation to? Had you told the woman that the date wasn't suitable as you needed OT there and she could not be there on that date? If so, then the chances are not that she didn't want you to have OT there, but that re-arranging appointments can be a jolly pain in the neck due to the way they are structured and was asking if you could have a friend instead,if the OT was not available, rather than insisting you should. It can also be extremley frustrating for DWP having to re-arrange as when one appointment is altered it can beggar up their entire structure. You were quite possibly the umpteenth person who had called that day to say the same thing.
The bottom line is, you are entitled to have someone with you of your choosing.
My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.
Please do not seek, offer or produce advice on a consumer issue via private message; it is against forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.
(exceptions for prior authorisation)
If my advice has been helpful, please show your gratitude by taking a moment to click on the star icon on the bottom strip of my post
I only received the letter Saturday 6th June & the appointment date was Wednesday 10th between 10am & 4pm. This wasn't much notice for me to get myself prepared let alone my OT as she works fulltime & can't just drop everything to sit around for 6 hours waiting for the Compliance Officer to turn up.
I phoned the DWP on Monday 8th to explain the situation & give her the dates my OT was available, Monday 15th & Friday 19th but was told the woman only works Tuesdays, Wednesdays & Thursdays.
She called me on Tuesday & tried to get to get me to keep my appointment for Wednesday saying I didn't need my OT & couldn't a friend just sit with me instead. I don't have any friends & my family are not talking to me at the moment. She seemed frustrated so I just gave her my OT's number so she could phone to arrange a date & time herself but apparently my OT has been off sick since Tuesday.
I hope that I will not be penalised for the delay as it's not my fault the Compliance Officer doesn't work the days my OT is available or that my OT has been of sick.
Tbh I just want to get it over with now, it's starting to make me feel ill, maybe they should use another Officer that works full time.
It does just sound as if they are struggling to re-arrange the appointment, if they wren't interested in helping you they would not have accepted your OT's telephone number (they are not obliged to sort appointments via other people, and really aren't supposed to) but stick to your guns. If your OT can't be available due to sickness, then again there are the other agencies I have mentioned. Other than that the only thing you can do is ask the compliance officer to postpone the visit, explaining the situation.
I do think you are maybe reading between the lines a bit and getting yourself uneccesserily worked up, it's easy to imagine the worst even more so if you already suffer from anxiety, but try to get away from that if you can. You haven't mentioned what your OT does for you and I don't feel it appropriate to ask, it's none of my business, however if she has ever gone through relaxation techniques, I think you should try some out whenever you are feeling anxious about this visit.
They do have a duty to investigate claims as you say. Some are random checks and some have been reported by someone else. Investigation doesn't mean they disbelieve you from the start, invesitgation is just that - investigating the claim, gathering the information. More often than not it ends with them confirming that all is well. The fact that your ex husband has moved some distance away has left you without anyone to help, it's natural that you have enlisted someone else close to you to do what your ex husband used to do in taking the children to school, they will understand that, after all it is perfectly logical.
I know it's easier said than done, but try not to worry too much.
My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.
Please do not seek, offer or produce advice on a consumer issue via private message; it is against forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.
(exceptions for prior authorisation)
If my advice has been helpful, please show your gratitude by taking a moment to click on the star icon on the bottom strip of my post
Hopefully my OT will be back at work this week & I can get my visit over with, your right, delaying it is making me feel worse as the more time I have to think about it the more I wind myself up.
Both my GP & my OT are backing me up regarding the support I need, my OT has even been trying to get me to apply for direct payments so I can employ someone to help me out but id feel uncomfortable having a stranger in the house.
I hope that once I explain the situation everything will be ok, I know that I have done nothing wrong & that there are valid, logical reasons for him coming round, if not i'll have to take the direct payment option instead.
The DWP can't dictate who can or can't help you. What they may do is suggest a proper and throurgh assessment from the relevant people if your care needs are high to establish whether you require professional care, but suggest is all they can do, they cannot state "your boyfriend mustn't come round to help you anymore"
Re the direct payment option, have you been assessed by Social Work for this? I ask because you have to be assessed by the Council's Social Work department to determine whether they think you require assistance, and if so the level of assistance you require, before you can receive direct payments.
Re employing a stranger, you cannot use the direct payments to pay a person to care for you whom you are either married to, living with as a partner, a civil partner or a relative or spouse of a relative that lives with you. It doesn't say anything about not being able to use it for a boyfriend/girlfriend who lives independently of you. I can't find anything there either that suggests the carer must be qualified to NVQ/SVQ level. or anything that says the carer must be registered with an organisation. Might be worth looking into that.
My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.
Please do not seek, offer or produce advice on a consumer issue via private message; it is against forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.
(exceptions for prior authorisation)
If my advice has been helpful, please show your gratitude by taking a moment to click on the star icon on the bottom strip of my post
I spoke to my OT today, she has Sciatica & is working from home as she is unable to drive.
She spoke to the woman from DWP today & explained both her situation, the difficulties I have with communication and the reason why I need her to be present during my interview.
Luckily the woman was very understanding & agreed to postpone my visit until 1st July when my OT wil be able to attend.
Thanks for all your advice Erika, you have been very helpful & always managed to alliviate my anxiety levels, I'll let you know how I get on.
Oh - that's great, I'm really pleased for you. Let us know how you get on.
My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.
Please do not seek, offer or produce advice on a consumer issue via private message; it is against forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.
(exceptions for prior authorisation)
If my advice has been helpful, please show your gratitude by taking a moment to click on the star icon on the bottom strip of my post