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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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I need to leave my partner but have no idea if i would get benefits?


dearyme70
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Hi

 

I am looking for some advice (and hope I am in the right place!!)

 

My long term partner and I need to separate but our situation is very complicated and I really don't know where to start!

 

We own a house together (2 bed terrace) with basically no equity. He however owns several other properties only in his name.

 

We have 3 children together aged 1, 9 and 14.

 

There is no advantage in me waiting for our house to sell because I would not be able to get another mortgage and there would be no money left once the mortgage and other fees are paid.

 

I work but only earn 10k pa so currently am entitled to working tax credits and child tax credits but nothing else.

 

Can anybody tell me if I were to leave and find somewhere for me and the kids to rent if I would be entitled to any support?

 

I really don't want to move too far away because of the children and there aren't any council houses around here so think I would have to rent privately and I'm not sure if DSS would even consider this?

 

Any help would be great I really don't know which way to turn but cannot keep living like this it's not doing any of us any good.

 

Many thanks

 

Dearyme

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hi Dearyme,

sorry you find youself in this position

but before anyone can give some advice to what you may or not be entitled to

 

just a few questions need to be answered :)

do you intend to carry on working?

how many hours do you work each week?

 

would your partner move out of the house you own jointly?

 

do you have an interest in any of the other properties ?

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Hi Mikey

 

I currently work between 35-40 hours a week and hope to be able to continue working but my partner and I work together so it may not be easy!!!

 

I am going to have to leave our home as my partner refuses to do so (he thinks we can carry on as we are!)

 

I don't have my name on any of his other properties (just the one we live in with no equity)

 

Thanks for your time

 

dearyme

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One other question that could be relevant. The way I read the post, the children would live with you after you separated. Is this the case?

 

Edit - Sorry, ignore this - I didn't read your OP closely enough. My bad.

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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Ok, I thought maybe if you had to cease work then as a lone parent you could have claimed Income Support, and not having an interest in the other properites meant you should have been ok to claim,

 

You can claim WTC, If you claim this now you would need to call HMRC and tell them the change, if you dont claim http://www.hmrc.gov.uk/taxcredits/payments-entitlement/entitlement/question-how-much.htm

 

you may be able to get HB based on your Income

http://local.direct.gov.uk/LDGRedirect/index.jsp?LGSL=69&LGIL=0&ServiceName=Check+your+eligibility+for+Housing+Benefit+with+your+local+council

 

I dont think they will think you have made your self homeless if you split up and he will not leave the property,

but because you dont live in it the house it will be classed as capital because you have an interest in it, so they will look at this,

he may have to move out in the end anyway......

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Thanks Mikey

 

Do you mean they would insist on our joint property being sold?

 

Would I be able to move out before it is sold?

 

Another option I have considered is asking to have my name taken off of the property. Not normally a good move I know but as there is no capital in it I wondered if it would be the quickest solution?

 

I just need to get out as soon as possible!

 

Thanks again

 

Dearyme

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If you have an interest in the property you live in now and you had to leave work then IS would look at disregarding any interest you have in the property for a while usually 26 weeks and after that time you would technically be expected to have taken steps to selling your share of the home either by selling your half to your ex-partner of by selling/putting the house on the market.

You may not be eligible for help with Social housing due to you interest in your current home so it would be private rent and will be up to the local authority how they treat your current home.

If you continue to work (over 16 hours per week) then you would not have any entitlement to IS and it would be your tax credit award and wages with possible help towards your rent.

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If you were to claim an Income Based Benefit in the future for example I.S then as you have a jointly owned property then after a disregard of 26 weeks they would expect your ex partner to take steps to sell it, as it is classed as capital,

but there is nil value so they may disregard it further

but thats up to a Decision Maker....

 

You would not have to sell your property before you moved out, he is refusing to go so you have to but

speak to Shelter they may be able to advise you as well http://www.shelter.org.uk/

 

and check out the HB calculator as well

 

Before you do anything I think it may be wise to seek the advice of a solictor about the property.

They can and will give you the best advice.

 

IS is £67.50 per week, you would get CTC for your children and CHB..

You would get full HB if entitled,

Edited by MIKEY DABODEE
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you can give it up, but seek advice first

you would have to see a solicitor to do this anyway

 

if you do give up your interest in the property keep all the paperwork for it, to include mortgage statements showing the negative equity at time of transfer.

you may need them in the future :)

Edited by MIKEY DABODEE
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This going back quite a few years ago now, like 10 yrs, but my sis in law did leave the marital home & privately rent & claim housing benefit. Not sure if the fact her & her ex had a house affected that housing benefit, but she claimed IS, so that may have made a difference.

She went on to get a council flat, her ex still lived in the marital home, he eventually bought her out, but not before she got the council flat! No idea how it all came about, but was certainly possible back then.

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Dearyme, I would take legal advice asap wrt the house and whether to take your name off it. Don't forget the new benefit cap coming in includes HB though, by the time you have paid private rent and with 3 children, if you aren't working, that will almost certainly affect you. Private rents are so high :/

 

Might be worth getting your name on the housing waiting list too. Our waiting list is around 8 years but might be worth being on it. Of course secure tenancies are ending too so even if you get social housing you may have to move and downsize each time a bedroom becomes free so you will lose any feeling of choice and autonomy, any feeling of security and the end result is you will have nowhere for the grandchildren to come and stay so that luxury will only be for non-social housing tenants and home owners so you might chose to give social housing a miss anyway.

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