Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)

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  1. #1
    Basic Account Holder missanxious Novitiate

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    Default ESA and Carers Allowance

    I am on ESA for anxiety (GAD), depression and ocd and

    last January won my appeal with the tribunal and was put into the WRAG group.

    I have been attending for the past year and not missed an appointment.

    Recently I have become my Mums full time carer and am in receipt of carers allowance
    and a carers premium on my ESA.

    I volunteer for a charity shop 2 afternoons a week on days when my sister
    is not in work so she can sit with my Mum, just something so I can have a break.

    I have recently got a new adviser at A4E and only met her once last month at my latest appointment.

    She booked me on a CV writing class which was last week.

    I called up to rearrange as from the Monday to the Friday
    I didn't leave the house once as Mum was poorly so I needed to be there.

    Today I got a letter to say she has rearranged the appointment for next Friday morning.

    I told her last appointment when I met her my old adviser never booked me appointments on Fridays
    as she knows it's the afternoon I work and apart from being incredibly anxious everytime I go to work
    I cannot get anyone to sit with my Mum Friday morning and she said she won't book me in on Fridays for anything.

    I am the only person who cares for Mum, my sister is the only other family we have and she works 4 jobs!

    When I have notice of usually a month we can juggle something but this time I can't
    as she is working till 12pm on the Friday and my appointment to do the CV class is 9.30am!

    I am going to worry myself sick now for the next week as I have my next wri on the 28th
    then the CV writing class 31st 9.30.

    So worried as no one to sit with my Mum but if I don't go to the CV class I will be sanctioned.

    Just feel under so much pressure when I am trying to do everything possible to every appointment.

    I am so closed to being 120 worse off by going on income support
    just to stop this added pressure even though I will be in massive debt if I did.


  2. #2
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    Default Re: ESA and Carers Allowance

    Quote Originally Posted by missanxious View Post
    I am on ESA for anxiety (GAD), depression and ocd and last January won my appeal with the tribunal and was put into the WRAG group. I have been attending for the past year and not missed an appointment. Recently I have become my Mums full time carer and am in receipt of carers allowance and a carers premium on my ESA.
    So you are on the Work Programme as an ESA(IR) claimant - At the time of entry, you would have been a mandatory participant subject to the sanction regimes and other nastyness.

    As you now have full time carer responsibilities (more on this in a sec), you move to one of the voluntary groups as listed in Annex A of https://www.gov.uk/government/upload...-chapter-2.pdf - What you must do is to write to the DWP and inform them of a "change of circumstances". This need be no more than a simple:
    I am now a full time carer for Mrs Anxious with all the attendant responsibilities. I kindly suggest that you inform A4e as a matter of urgency that I am now in one of the voluntary payment groups as per your provider guidance.
    Now, the DWP will probably ask what level of care you are providing - Simply keeping an eye on an elderly and frail relative does not count. If your mum requires assistance in preparing meals, getting dressed, bathing, and other personal matters, it all counts. Are you registered with the local Adult Social Services department ?
    If not, I'd recommend doing so as soon as possible.

    As for the immediate problem of the CV writing <sic> course on Friday, you don't have much time. Write (either email or 1st class post) to your adviser (if using email, CC the branch manager) and state that due to care responsibilities, you are unable to attend and the session should be rebooked for another day (also point out that they are well aware of other commitments on that day, and ignoring them demonstrates a degree of negligence on their part) - If they say "yes", you should avoid a sanction, but that is not guaranteed... Or ask that they provide replacement care for your mum (the answer would be 'No'). One last question, does the appointment letter for this "course" conform to the example set out in Annex 4 of https://www.gov.uk/government/upload...tober-2012.pdf ?

    If the appointment was verbal, via email, or text, then it is not mandatory - Appointments must be made in writing and the letter either handed to you or posted "in good time".

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  3. #3
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    Default Re: ESA and Carers Allowance

    Quote Originally Posted by Mr P
    Now, the DWP will probably ask what level of care you are providing - Simply keeping an eye on an elderly and frail relative does not count. If your mum requires assistance in preparing meals, getting dressed, bathing, and other personal matters, it all counts.
    By awarding CA the DWP has already accepted that missanxious is providing 35+ hours per week of care for her Mum. JCP staff should be able to verify the CA award if necessary.

    The initial mystery that attends any journey is: how did the traveller reach his starting point in the first place?
    ---Louise Bogan, Journey Around my Room

    I can't give advice by PM - please post on the forums. I do advise to the best of my ability, but I am not a qualified professional, benefits lawyer or Welfare Rights Adviser. If you wish to check my advice against other independent sources, please do.

    CAG exists because of your support, so if you feel able to help out by donating it would be welcome, but rest assured that our advice and support is free.

    "The idea that the poor should have leisure has always been shocking to the rich"
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  4. #4
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    Default Re: ESA and Carers Allowance

    Quote Originally Posted by antone View Post
    By awarding CA the DWP has already accepted that missanxious is providing 35+ hours per week of care for her Mum. JCP staff should be able to verify the CA award if necessary.
    Point taken regarding the CA award. The JCP/DWP should have also notified A4e that missanxious is now in a voluntary payment group and therefore not subject to the threat of sanctions. In her shoes, I would still be writing to the DWP urging them to notify the provider of the change.


  5. #5
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    Default Re: ESA and Carers Allowance

    Quote Originally Posted by Mr.P View Post
    Point taken regarding the CA award. The JCP/DWP should have also notified A4e that missanxious is now in a voluntary payment group and therefore not subject to the threat of sanctions. In her shoes, I would still be writing to the DWP urging them to notify the provider of the change.
    Agreed. They should have notified A4e, but odds are they haven't.

    The initial mystery that attends any journey is: how did the traveller reach his starting point in the first place?
    ---Louise Bogan, Journey Around my Room

    I can't give advice by PM - please post on the forums. I do advise to the best of my ability, but I am not a qualified professional, benefits lawyer or Welfare Rights Adviser. If you wish to check my advice against other independent sources, please do.

    CAG exists because of your support, so if you feel able to help out by donating it would be welcome, but rest assured that our advice and support is free.

    "The idea that the poor should have leisure has always been shocking to the rich"
    --Bertrand Russell

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  6. #6
    Basic Account Holder missanxious Novitiate

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    Default Re: ESA and Carers Allowance

    Thank you so much for your replies and help, I appreciate it.

    I just assumed because the DWP had adjusted my payments with a carers premium as I am now getting carers allowance the Jobcentre would know this? And because nothing has changed with A4E I assumed nothing would or could? I mentioned at my last appointment I am a carer for my Mum but didn't mention I was getting carers allowance. Should I mention it at my next appointment on Tuesday as I have been getting carers allowance for a few months now. Other than when I called the DWP ESA department to let them know so they could adjust my money I haven't told anyone else as assumed everyone to do with my benefits like Jobcentre and A4E would be informed?


  7. #7
    Basic Account Holder missanxious Novitiate

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    Default Re: ESA and Carers Allowance

    Oh and do I write to DWP in Preston as that's one I deal with or my local Jobcentre please? Thank you again for your help


  8. #8
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    Default Re: ESA and Carers Allowance

    Follow Mr P's advice. While it's reasonable to expect that the DWP departments responsible will talk to each other and A4e, in practice it doesn't happen. However, now that you are a carer, you are no longer a mandatory participant in the Work Programme.

    The initial mystery that attends any journey is: how did the traveller reach his starting point in the first place?
    ---Louise Bogan, Journey Around my Room

    I can't give advice by PM - please post on the forums. I do advise to the best of my ability, but I am not a qualified professional, benefits lawyer or Welfare Rights Adviser. If you wish to check my advice against other independent sources, please do.

    CAG exists because of your support, so if you feel able to help out by donating it would be welcome, but rest assured that our advice and support is free.

    "The idea that the poor should have leisure has always been shocking to the rich"
    --Bertrand Russell

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  9. #9
    Basic Account Holder missanxious Novitiate

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    Default Re: ESA and Carers Allowance

    Thank you antone and thank you Mr P. You've both helped me stopped panicking quite as much, I really appreciate your help


  10. #10
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    Default Re: ESA and Carers Allowance

    Quote Originally Posted by missanxious View Post
    Oh and do I write to DWP in Preston as that's one I deal with or my local Jobcentre please? Thank you again for your help
    It's your local Jobcentre that deals with Work Programme issues, generally.

    The initial mystery that attends any journey is: how did the traveller reach his starting point in the first place?
    ---Louise Bogan, Journey Around my Room

    I can't give advice by PM - please post on the forums. I do advise to the best of my ability, but I am not a qualified professional, benefits lawyer or Welfare Rights Adviser. If you wish to check my advice against other independent sources, please do.

    CAG exists because of your support, so if you feel able to help out by donating it would be welcome, but rest assured that our advice and support is free.

    "The idea that the poor should have leisure has always been shocking to the rich"
    --Bertrand Russell

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  11. #11
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    Default Re: ESA and Carers Allowance

    You may need to find out if the local JCP office has a Work Programme liaison officer that normally handles this kind of thing. Failing that, go for the Third Party Provisions manager.



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