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    • Thank-you dx, What you have written is certainly helpful to my understanding. The only thing I would say, what I found to be most worrying and led me to start this discussion is, I believe the judge did not merely admonish the defendant in the case in question, but used that point to dismiss the case in the claimants favour. To me, and I don't have your experience or knowledge, that is somewhat troubling. Again, the caveat being that we don't know exactly what went on but I think we can infer the reason for the judgement. Thank-you for your feedback. EDIT: I guess that the case I refer to is only one case and it may never happen again and the strategy not to appeal is still the best strategy even in this event, but I really did find the outcome of that case, not only extremely annoying but also worrying. Let's hope other judges are not quite so narrow minded and don't get fixated on one particular issue as FTMDave alluded to.
    • Indians, traditionally known as avid savers, are now stashing away less money and borrowing more.View the full article
    • the claimant in their WS can refer to whatever previous CC judgements they like, as we do in our WS's, but CC judgements do not set a legal precedence. however, they do often refer to judgements like Bevis, those cases do created a precedence as they were court of appeal rulings. as for if the defendant, prior to the raising of a claim, dobbed themselves in as the driver in writing during any appeal to the PPC, i don't think we've seen one case whereby the claimant referred to such in their WS.. ?? but they certainly typically include said appeal letters in their exhibits. i certainly dont think it's a good idea to 'remind' them of such at the defence stage, even if the defendant did admit such in a written appeal. i would further go as far to say, that could be even more damaging to the whole case than a judge admonishing a defendant for not appealing to the PPC in the 1st place. it sort of blows the defendant out the water before the judge reads anything else. dx  
    • Hi LFI, Your knowledge in this area is greater than I could possibly hope to have and as such I appreciate your feedback. I'm not sure that I agree the reason why a barrister would say that, only to get new customers, I'm sure he must have had professional experience in this area that qualifies him to make that point. 🙂 In your point 1 you mention: 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver. I understand the point you are making but I was referring to when the keeper is also the driver and admits it later and only in this circumstance, but I understand what you are saying. I take on board the issues you raise in point 2. Is it possible that a PPC (claimant) could refer back to the case above as proof that the motorist should have appealed, like they refer back to other cases? Thanks once again for the feedback.
    • Well barristers would say that in the hope that motorists would go to them for advice -obviously paid advice.  The problem with appealing is at least twofold. 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver.  And in a lot of cases the last thing the keeper wants when they are also the driver is that the parking company knows that. It makes it so much easier for them as the majority  of Judges do not accept that the keeper and the driver are the same person for obvious reasons. Often they are not the same person especially when it is a family car where the husband, wife and children are all insured to drive the same car. On top of that  just about every person who has a valid insurance policy is able to drive another person's vehicle. So there are many possibilities and it should be up to the parking company to prove it to some extent.  Most parking company's do not accept appeals under virtually any circumstances. But insist that you carry on and appeal to their so called impartial jury who are often anything but impartial. By turning down that second appeal, many motorists pay up because they don't know enough about PoFA to argue with those decisions which brings us to the second problem. 2] the major parking companies are mostly unscrupulous, lying cheating scrotes. So when you appeal and your reasons look as if they would have merit in Court, they then go about  concocting a Witness Statement to debunk that challenge. We feel that by leaving what we think are the strongest arguments to our Member's Witness Statements, it leaves insufficient time to be thwarted with their lies etc. And when the motorists defence is good enough to win, it should win regardless of when it is first produced.   
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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Advice please - Income-based JSA/DLA/Carer's Allowance


Ren41
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hello, I'm hoping someone on here can give me some advice. It's quite complex.

 

I and my husband have been in receipt of income-based JSA, having not paid enough class 1 contributions (partners in a partnership-based company for the previous 25 years). We are receiving MIP, although not yet had a letter to say how much this is being reduced by under the interest rate changes.

 

I have been awarded DLA at higher rate mobility & middle rate care, due to long term chronic autoimmune diseases. Following advice from the JC+, some months ago I filled in a JSA 6 and have been handing in medical certificates to the JC+ office, and I am classified as exempt from attending to 'sign on'.

 

I was advised by JC+ that this was the best course of action - apparently I could otherwise have moved us both onto income-based ESA, or split the joint JSA claim, or applied for contributions-only ESA and continued with the joint JSA claim. Everyone I spoke with at the DWP had a different opinion on what we could or couldn't do; the JSA 6 option seemed like the least disruptive.

 

My husband has received a letter today confirming that he will be awarded Carer's Allowance. We already receive a carer's premium in the JSA payment, & we understand that the JSA will be reduced by the amount of the Carer's Allowance. I do however have questions as to what happens next with my husband's JSA claim.

 

I understand that he may be able to make changes to his JSA agreement, given that he will be in receipt of Carer's Allowance. Are there likely to be any other changes, or other options? Should we, or will we have to, move to Income Support, and what implications are there likely to be if this happens?

 

Many thanks for any help anyone can offer.

 

Ren

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He can make a claim for IS for himself and you as his partner, you should end up with the same amount of benefit, and the help you receive with your mortgage would stay the same.

He would not need to sign on but this would mean that his with stamp would not be credited.

Make an appointment with welfare rights.

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Hello there. Mikey may not be around again until this evening. You would normally contact Welfare Rights [if they're in your area] through the local council helpline or website, or maybe the CAB. They're good guys, judging by people's experiences on this forum.

 

HB

Illegitimi non carborundum

 

 

 

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Thanks, Honeybee. It seems to me from Mikey's answer that the only difference in changing between JSA and IS is likely to be the NIS stamp. Could he pay it himself? I don't know how much it is - as per my original post, we have been paying class II & IV for many years.

 

Ren

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Hi Mikey

 

yes, I thought I had read that somewhere.

 

Have tried to call the CAB to get an appointment, as it looks as though the welfare rights specialists work through them, but annoyingly they have a message this afternoon saying - not surprisingly - that they are experiencing a high volume of calls. It's a local number so costs money just to get the message, I preferred it this morning when I was getting the engaged tone. I shall have to try & go in on Monday.

 

We had hoped that we could regenerate our business long before this, but have been hampered not just by the recession but my inability to work most of the time, my husband's having had 3 operations in the last 3 years, and the DWP's less than helpful attitude at times. It's quite clear that no-one wants to employ people of our age and level of experience, let alone my state of health, and I was actually told once that if I was questioned at an interview and mentioned my illnesses or that I couldn't work a full day, our JSA would be stopped. We were also told that if we spent any time trying to get business going, our JSA would be stopped. I don't want to be on any of these benefits, but we clearly have to be to survive and IS looks like a better alternative than JSA, as far as I can see.

 

Ren

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Hi Ren,

I cant tell you what to do in respect of your benefit claim, but I process I.S and given your circumstances with your ill health and your husband caring for you then I would say you would be better on IS because your husband then could concentrate on the most important job at the moment caring for you.

Benefit wise you would receive the same amount as your on now, if indeed your are on JSA IB based.

Its easy to switch benefit, maybe wait untill after your husband receives his benefit then the same day phone the contact centre and make the claim to IS, its should be an easy switch over.

You will have to make a claim for your mortgage again on the new IS claim and maybe fill out a new mortgage MI12, the form you give to your building society, but dont worry there will be no gap in your mortgage payments.

Good luck in your decision and if you want further help we are all here :)

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that's lovely Mikey, thanks. I think the IS would be better (and yes, it is income based JSA) from what I understand; everything does seem to mess up the system though, and twice our mortgage payment has gone wrong for random reasons - the last when I claimed DLA, and our JSA also stopped, we had to chase it.When I called to enquire about it they said it always did when someone claimed a different benefit, just in case it was a conflicting benefit. I would have expected their system to be sophisticated enough to check that sort of thing automatically & flag it only if they did clash, but clearly not! We have of course been penalised because they count as 'late payments'.

 

So, call on the day the benefit arrives, not on the day he's signed on?

 

regards

 

Ren

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I would phone up the day after signing then it should work out as no break in your claim. The date you phone the contact centre will the date your IS claims goes from this is called your IDOC date. When you have completed your form over the phone then inform JSA you are making a claim to I.S. Has your partner definately been awarded Carers Allowance because if he has then your claim to IS will have no problems.

The mortgage side may have a bit of a hiccup whilst you transfer benefits but there shouldnt be a gap, I would inform your building society of the change over of benefits and at least they should then be patient whilst its sorted out. They will get their payment

 

The problem with the DLA and JSA is the system. DLA put a download onto the JSA computer system informing them that there has been a new or change of rate of DLA, this stops the payment going out usually not noticed untill you inform the department you have had no money. Its not intentional these downloads are usually cleared but sometimes they are missed ;

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Hi Mikey

 

yes, letter says he is entitled to CA, full award notification with detailed info will follow & will be sent on or around 25/10 - as they need to check it against JSA payments first, presumably.

 

So should we wait until then, do you think? Sorry if questions are inane!

 

many thanks

 

Ren

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hi Ren,

Carers have to send a recovary for benefit to JSA before they can start paying the benefit,

So in light of this then I would say yes. Phone and make your claim the day after your husband is due to sign on after the 25th October..

In other words after the 25th has passed and after his signing on make the claim to IS

This will make your claim to IS a lot easier. You should get your first Carers Allowance on the 25th October making it live in payment whe your IS claim is made. A lot easier to process for IS as the Carers Allowance recovary has been done already.

Its hard to explain to you the recovary bit ;)

But the hard part would have been done by JSA :)

Your payday for IS will depend on the last two didgits of your husband NINO, 01- 20 Mon, 21-40 Tuesday 41-60 Wed 61_80 Thur Fri 81_99 and its paid two weeks in arrears.

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Hi Mikey

 

Yes, I understand that the Carer's Allowance element is removed from JSA, so although my OH has claimed for CA back to June which is when my DLA dates from, he won't get anything backdated for that period as it's already been paid to us via JSA.

 

Let's hope it's as easy as it appears! I can see it should be as it's all DWP, albeit different departments, but I remain sceptical - I'll keep you posted!

 

Again, thank you for your help.

 

Ren

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sorry Mikey just another question

 

he's reminded me that he's been asked in for a 'New Deal' interview on the 26th, his signing on day - should he r call to cancel it, or will that be counterproductive and confuse things? Should he just attend it?

 

thank again

 

Ren

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he needs to sign on to get the full two weeks JSA before he makes his claim to IS. He could go to the New deal meeting and then tell them he is claiming IS from the next day, or he could ring and explain.

 

You will get arrears from the carers recovary even though its been off set by JSA. If the period CA has been backdated is from June and hes getting the CA awarded from October it works out at about £30 per week, so count the weeks from the award in June to October and times that by thirty pounds and that will give you a rough amount due

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