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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?    
    • These are the photos of the signs. At the entrance there is a 7h free sign. On some bays there is a permit sign.  Also their official website is misleading as it implies all parking is free.  I can't be certain of the exact parking bay I was in that day, and there was no PCN ticket on my car and no other evidence was provided.  parking sign 2.pdf
    • 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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House sold do i have to pay anything back to dwp?


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My brother due to mental illness has been on long term sick since 1989, DWP having been paying the interest on his mortage. He has now sold his house. Does anyone know if he has to pay back money to the DWP, there is a shortfall on his endowmentand he will come out with very little equity. If he has to pay back to DWP how can I be sure that he is being treated fairly, I would appreciate any guidance. Thank you all.


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He does not have to repay mortgage interest payments to the DWP, no.

 

If his equity is more than £16,000, it may affect any means-tested benefits he receives, although this is a complex area of the law.

 

On edit: I'm working here on the assumption that he's receiving Income Support, IB or ESA on the basis of inability to work, and that's why he's had MI payments made to his lender on his behalf. If this isn't the situation, you'd need to tell us a bit more - what benefits does he receive, for example?

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He does not have to repay mortgage interest payments to the DWP, no.

 

If his equity is more than £16,000, it may affect any means-tested benefits he receives, although this is a complex area of the law.

 

On edit: I'm working here on the assumption that he's receiving Income Support, IB or ESA on the basis of inability to work, and that's why he's had MI payments made to his lender on his behalf. If this isn't the situation, you'd need to tell us a bit more - what benefits does he receive, for example?

 

Thank you for replying so quickly to my thread.

 

My brother receives DLA. IB and income support. We sadly lost our mother earlier this year and she willed the house between her 4 children with the proviso that my brother could live there for as long as he wished, this is why he has has sold his house. After costs etc the equity from sale should be approx. £25,000. When the house was put on the market we enquired of DWP if anything had to be paid back but they would not commit to a % of pay back but certainly gave the impression that they would expect to be paid some of the equity.Any light you can throw on this grey area would so greatly received.

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My brother will not buy another house but will live in the house which my mother has left to us. Any idea what DWP will do about this?

 

His DLA won't be affected. There's something about the money being ignored for x months if the intention is to buy another house.
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If he's not buying another house then the DWP will probably treat his equity as capital. This won't affect DLA, but it would affect any means-tested benefits such as IS. A person with more than £16,000 in capital is not entitled to these benefits.

 

The mortgage interest payments made to his lender count as part of his benefit from the DWP point of view - they're not relevant to the situation and the DWP can't ask him to repay them.

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If the house is aleady sold, your brother needs to make a call to his benefit centre state that he has sold the propety and has capital of 25k after the sale.. The claim will then be suspended, he can also do a change of address, he will then be asked to send in copies of completion statements to include bank statement showing the date the money sale of the house went into the account. The claim will then close from the date the 25k went into his account. If he has been paid past this point then they may be a small over payment of I.S.

If he is in receipt if IB the capital will not effect this money and he will still receive this benefit.. But if he was IB credts then his benefit will cease as he would have been on full I.S.

The mortgage interest will not be recovered. This is the policy now :)

If he doesnt inform the dept and they keep paying the mortgage, this sometimes happens then they will be an overpayment and this will be raised.

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Thank you so much for this information, I have trawled the internet looking for the answer. Is this based on DWP latest policy? I assume so.

 

The capital limits for means-tested benefits are set by Parliament, not the DWP. The fact that the interest payments are not recoverable I'm less sure about - I mean, I know it's the case but I couldn't tell you if that's law or policy.

 

If you want to independently verify advice you get here (a wise idea - we do our best but we are fallible :wink: ) then a lot of the guidance to processors is available by searching the DWP website. Hint for this is to use google rather than the site's own search function. Go to the google homepage as type something like "site:dwp.gov.uk income support capital decision makers guide" (without quotes) and see how it goes. Searching the DWP site is annoying, but very often the information is there - buried under a ton of stuff you don't care about.

 

Edit: most other search engines offer a similar function if Google is not your preference.

Edited by antone

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