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    • This is the other sign  parking sign 1a.pdf
    • 4 means that they need to name and then tell the people who will be affected that there has been an application made, what the application relates to (specificially "whether it relates to the exercise of the court’s jurisdiction in relation to P’s property and affairs, or P’s personal welfare, or to both) and what this application contains (i.e what order they want made as a result of it) 5 just means that teh court think it is important that the relevant people are notified 7 means that the court need more information to make the application, hence they have then made the order of paragraph 1 which requires the applicant to do more - this means the court can't make a decision with the current information, and need more, hence paragraph one of the order is for the applicant to do more. paragraph 3 of the order gives you the ability to have it set aside, although if it was made in january you are very late. Were you notiifed of the application or not?    
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    • Hi, In my last post I mentioned I had received an email from SS who were asking me to hand over the keys to my mother’s flat so they could pass them to the Law firm who have been appointed court of protection to access, secure and insure my mother’s property.  Feeling this, all quickly getting out of my hands I emailed ss requesting proof of this. I HAVEN’T HEARD BACK FROM SS.  Yesterday, I received an email (with attached court of protection order) from the Law Firm confirming this was correct (please see below a copy of this).  After reading the court of protection order I do have some concerns about it:   (a)   I only found out yesterday, the Law firm had been appointed by the court back in January.  Up until now, I have not received any notification regarding this.  (b)   Section 2   - States I am estranged from my mother.  This is NOT CORRECT    The only reason I stepped back from my mother was to protect myself from the guy (groomer) who had befriended her & was very aggressive towards me & because of my mother’s dementia she had become aggressive also.  I constantly tried to warned SS about this guy's manipulative behaviour towards my mother and his increasing aggressiveness towards me (as mentioned in previous posts).  Each time I was ignored.  Instead, SS encouraged his involvement with my mother – including him in her care plans and mental health assessments.   I was literally pushed out because I feared him and my mother’s increasing aggression towards me. Up until I stepped back, I had always looked after my mother and since her admission to the care home, I visit regularly.   .(c)    Sections -  4, 5 and 7  I am struggling to understand these as I don’t have a legal background.  I was wondering if there is anyone who might be able to explain what they mean.  It’s been a horrendous situation where I had to walk away from my mother at her most vulnerable because of; ss (not helping), scammer and groomer. I have no legal background, nor experience in highly manipulative people or an understanding of how the SS system operates, finding myself isolated, scared and powerless to the point I haven’t collected my personal belongings and items for my mother’s room in the care home.  Sadly, the court has only had heard one version of this story SS’s, and based their decision on that. My mother’s situation and the experience I have gone through could happen to anyone who has a vulnerable parent.    If anyone any thoughts on this much appreciated.  Thank you. ______________________________________________________  (Below is the Court of Protection Order)  COURT OF PROTECTION                                                                                                                                                                                   No xxx  MENTAL CAPACITY ACT 2005 In the matter of Name xxx ORDER Made by  Depty District Judge At xxx Made on xxx Issued on 18 January 2024  WHEREAS  1.     xxx Solicitors, Address xxx  ("Applicant”) has applied for an order under the Mental Capacity Act 2005.  2.     The Court notes (my mother) is said to be estranged from all her three children and only one, (me) has been notified.  3.     (Me) was previously appointed as Atorney for Property and Affairs for (my mother).  The Exhibity NAJ at (date) refers to (me) and all replacement Attorneys are now officially standing down.  4.     Pursuant to Rule 9.10 of the Court of Protection Rules 2017 and Practice Direction 9B the Applicant 2must seek to identify at least three persons who are likely to have an interest in being notified that an application has been issues.”  The children of (my mother), and any other appointed attorneys are likely to have an interest in the application, because of the nature of relationship to (my mother).  5.     The Court considers that the notification requirements are an important safeguard for the person in respect of whom an order is sought.  6.     The Court notes that it is said that the local authority no longer has access to (my mother’s) Property.  7.     Further information is required for the Court to determine the application.  IT IS ORDERED THAT  Within 28 days of the issue date this order, the Applicant shall file a form COP24 witness statement confirming that the other children of (my mother) and any replacement attorneys have been notified of the application and shall confirm their name, address, and date upon which those persons were notified.  If the Applicant wishes the Court to dispense with any further notification, they should file a COP9 and COP24 explaining, what steps (if any) have been taken to attempt notification and why notification should be dispensed with.   Pending the determination of the application to appoint a deputy for (my mother), the Applicant is authorised to take such steps as are proportionate and necessary to access, secure and insure the house and property of (my mother).   This order was made without a hearing and without notice.  Any person affected by this order may apply within 21 days of the date on which the order was served to have the order set aside or varied pursuant to Rule 13.4 of the Court of Protection Rules 2017 (“the Rules”).  Such application must be made on Form COP9 and in accordance with Part 10 Rules.              
    • Unless I've got an incorrect copy of the relevant regulation: The PCN is only deemed to have arrived two days after dispatch "unless the contrary is proved" in which case date of delivery does matter (not just date of posting) and I would like clarification of the required standard of proof. It seems perhaps this hasn't been tested. Since post is now barcoded for the Post Office's own tracking purposes perhaps there is some way I can get that evidence from the Post Office...
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Customer Compliance officer home visit


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Hi.

I have received a letter this week stating that a customer compliance officer will be visiting my home next week because there is a query in my claim for benefits. The letter has come from the Jobcentre plus office, I currently claim income support.

I have read a few threads on this site but am still a bit confused by it all. What is a customer compliance officer? Am I being accused of anything here? The only thing I can think of is that last week I received a letter from the benefits office asking if my Daughter is planning to stay in full time education because she turned 16 last week. I sent the form back stating that yes she was going to college full time in September. She received her college place acceptance letter this week.

Would this be the reason?

They have asked me to provide ID. A passport, driving licence,utility bills, rent agreement & a bank statement bearing my name and address. I do not have a passport, but I have a provisional licence (still trying to pass my test!) & I have gas bills & etc. I do not have bank statements because I only use online banking. I have printed out a statement for them though & I have my tenancy agreement. Will this be ok?

Thanks for the help in advance. I am feeling quite upset about it. It all seems very official.

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Compliance visits are usually for cases where there has been an allegation which is believed to be either mallicious or otherwise without substance, but they are duty bound to follow it up by making checks on a person's claim, circumstances and identity.

 

Fraud Investigators are different from compliance and are usually used where there are enough indicators to throw substantial suspicion upon the validity of a claim. In some cases, FIS (Fraud Investigation Service) have looked into a case, find nothing of interest and refer it down to compliance to go take a "look see".

 

In most compliance cases, the outcome is "everything is fine, but be sure to inform us if your circumstances do change in the future". It's very rare that anything comes out of a compliance case.

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)

 

 

 

 

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Hi pinkribbon

There is nothing to worry about i had them to come to me last week. I got the same letter just like yours they are only coming out to check that nothing have changed they was only at mine for 15 mins.

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Thank you for the replys! I feel a bit better now. To think that someone would make a false allegation about me & go to the trouble of ringing the DWP is scary! How sad. I just try to keep myself to myself & try to do the best I can every day. I can't believe some people can sleep at night!

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Hello everyone. Just to update you that I had my interview today which lasted about 25 mins. The lady was very nice, & explained that an allegation had me made that I had a partner living with me. I explained that I am with someone, gave his address & explained that he is moving in in April once I can add him to the tenancy (I will have been here a year on April 9th so can then add another tenant) We never had any intention of trying to lie about it, so that's fine. I explained that he is here a lot because of our son & picks him up from school some days. She had no problems with that. I had to sign a statement & then she left.

I am more upset that someone (I know who!) would waste the time of busy people with nasty lies. We are just trying our best in life, we are both applying for jobs & just want a stable decent life. The people I strongly suspect are so called family, who are very sick & twisted. I have nothing to do with them & do not let them near my children. What makes me laugh is that these people (who have done this to lots of other people that have upset them) have NEVER worked in their lives!! They get DLA for all the children, funded school taxis (eventhough they have TWO cars in the household) money for being carers, free money to buy sofas & holidays, & all the rent paid, PLUS lots of benefits!! (I know this because it is bragged about around the family with glee) Two of the Sons, aged 16 & 23 do have some learning difficulties, but the Daughter aged 21 is Fine, yet they say she is has a learning problem so they could get over £1000 worth of free computer equipment!! And these people report me!

I get a small amount of Income support & am trying everyday to look & apply for jobs. I never moan about my situation & just try to do the best I can everyday. I don't nose into anyone's business, & am just trying to make plans to improve our family life. I have no intention of claiming anything illegally because there is no need.

I am sorry to ramble. I must be more upset than I realised! Anyway, to anyone in the same situation, just be honest. The compliance team are just trying to do their jobs & have to follow up all allegations. They know better than anyone what sad, thick, losers there are out there that have nothing better to do with their pathetic existences than make up lies.

Fraid they made a mistake with me - they will have to think up another cowardly way to get their kicks next time. xx

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Why don't you report them anonymously of course? We would.

 

LOL! ;) Now there's a thought? No, I would not even bother TBH. People like this will get there's in the end without my intervention. xx:)

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  • 2 months later...

Having read the thread, I thought I'd share my experience with you all.

 

I had a letter and consequently a visit from a compliance officer last week. It seems that they had recieved "an anonymous" call saying that I had a partner living with me who was working and had been for the last 3 or 4 years!!! My first thought was "how come you are only just visiting me now"? Then the penny dropped!!!

 

I am disabled and a single parent claiming income support. I have just won a case in the high court which means I am owed between £25,000 and £30,000 but I'm having a fight on my hands so haven't declared it yet because I haven't had a penny so far.

 

From the questions she asked and the information she had, it was abundantly clear to me exactly who had made this false allegation. I strongly suspect it was the defendant in the court case, I have no doubt whatsoever!!!

 

I was accused of having my boyfriend living with me when in actual fact I am single and have been since February. The name she had on her paperwork was my ex-husband's who is practically my carer. He visits daily but lives with his parents. The only time he is in my house during the night is when I am very ill and he sits up with me. I answered all of her questions and signed the statement but am now left wondering what happens now. The Officer gave me no indication of how things would now proceed and I have been left unable to sleep and worried about what is going to happen.

 

I despise these so called "do-gooders", they stick their noses into other peoples lives without getting their facts correct first but in my case this "anonymous" caller is even more dispicable because I think/know it was my sister!!!!!!

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Update to last post:

 

Well it seems that I have worried myself sick for nothing. I received a letter this morning telling me that no action is being taken and that my money will still be paid into my designated account.

 

Having told the truth to the compliance officer I certainly feel vindicated but at the same time I am annoyed that someone can make a single phone call and throw my life in chaos. It has not only caused the bebefit office extra work, but it has put me under needless stress.

 

Whilst I accept that there is a need for these compliance officers, I also feel that the system doesn't allow for honest people who are accused malicously. It appears that anyone can ring the benefits office and spout a load of rubbish and automatically you are presumed guilty!

 

Luckily everything turned out fine for me, but good luck to anyone else now finding themselves in this position, my thoughts are with you!

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Hi spacehopper, if you'd been a M.P. things would have been looked at very differently.

http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/261429-welfare-atosh-government-debate-8.html#post2952300

 

Kindest regards,

Paul.

I'm not a qualified welfare rights adviser, but I'm planning on becoming one. I'm no substitute for more competent advice from trained CAB and welfare rights workers - [URL="http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/127741-benefits-advice.html"]see this post[/URL] by Joa, great advice and links! I've been running a Crisis Loan campaign and help since Jan 2007 . See my annotations c/o "theyworkforyou". I'm also currently interested by the recent DWP Medical Services reform and the effect this is having on valid claims, seriously - someone needs to be keeping a suicide count.

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Thank you for that loan ranger, I found it quite amusing!

 

What I'd now like to know is, since the benefit office is now fully aware that I will be getting my inheritance soon (hopefully), obviously I am going to declare it. I might add that I had every intention of declaring it but have even had that taken out of my hands because of my malicous caller. They are just waiting to hear from me, as they stated in their letter.

 

So my question is how much money am I allowed to have in my bank account before it affects my benefit. But more importantly, am I going to have to endure another visit from a compliance officer? I found the experience unpleasant to say the least, as was she!!!!

 

Regards,

Karen

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You can have up to £6000 before it affects benefit.

 

Your benefit will be reduced by £1 for every £250 or part of £250 between £6000 and £16000.

 

If you have £16000 or more you will not be entitled to means tested benefit, until the amount falls back below £16000.

 

Non means tested benefits such as DLA would not be affected.

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)

 

 

 

 

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Thank you for the information Erica.

 

As I am disabled, I fully intend to buy a car with my inheritance. I also intend to pay off my debt. Will the benefit office take this into account? If I spend my money on a car, will they still say that it is an asset and reduce my benefit accordingly.

 

I'm not very "clued up" on the benefits system having been married for 13 years. I've never had to worry about these things before and I'm finding it a bit of minefield now that I am an single!

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There are areas where they can treat a claim as if the claimant still had the money. This is known as "deprivation of capital". Each case is treated on it's own individuality and there is no way of knowing for certain, how a Decision Maker would view your case.

 

The crux is that if they feel you have spent money that you could have used for living expenses on items which were not necessary, they can treat your claim as if you still had the money. For example, if a person spent their money paying off a priority debt (debt secured against their property for example) it would perhaps be acceptable but if a person spent their money paying off non priority debts (personal loan, unsecured) it could be considered deprivation.

 

This explains what are priority debts and non priority debts

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)

 

 

 

 

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