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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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Esa Advice Please


Laura Cooke
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My nephew was on Esa in the support group I declared he was to receive an inheritance from his parents once he reached 21 in December 2015, hence his benefit stopped due to it being over £16,000.

 

The savings as now dropped to £10,000 which is in an ISA held by my daughter when would he be able to go back on Esa? and would it be a fresh claim? and has the Severe Disablement Premium stopped?

 

He does receive a pension each month belonging to his parents of £503.75 a month he also receives DLA HRC/LRM

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To ensure your nephew gets the right advice and support, best to go to people who deal with such issues, rather than forums. I should imagine that given nephews history, pension etc, that there would have to be a referral by those dealing with ESA in DWP to someone to decide on exact process. They might want many documents to be sent to them, as it is not straightforward.

 

Here is a link that might help.

 

https://www.disabilityrightsuk.org/employment-and-support-allowance-overview

We could do with some help from you.

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Thank you I know anything over £6,000 means deductions just unsure who can give accurate advice always had it off CAG

 

Laura, because in the UK there is a roll out of Universal Credit, it depends on the postcode for your Nephew, as to how his claim is dealt with. If you visit gov.uk or entitled to, you should be able to find out which process will need to be followed.

 

Given the complex position, a lot of information will need to be covered off and i think you are expecting a bit much of CAG to explain every aspect. Hence why, your nephew or his appointed advocate needs to obtain accurate advice from an official source. Otherwise the risk is that the wrong process is explained or not everything is covered.

We could do with some help from you.

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So sorry if it came across that I want too much from CAG I can assure you that is not the case just wanted accurate advice/information and have always got it off CAG, I speak to so many different organisations none sing from the same hymn sheet I am quite unsure where to access correct information. DWP never tell you the same thing twice whenever you contact them.

UC rolls out fully in November 2018 however for single Job Seekers they are being put on UC I am my nephews appointee and Guardian as he is autistic, I have just realised we have a Law Centre close to where I live they might deal with benefits so I will give them a call.

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No it doesn't come across as that at all.

 

Ofcourse the DWP won't tell you the same thing twice, they don't even know what day of the week it is, least of all give credible advice, they're the very last people you need to be taking advice from.

 

From experience, D.I.A.L are excellent, and would be my first port of call.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Laura

 

This link is probably relevant to you.

 

https://www.gov.uk/guidance/new-style-employment-and-support-allowance

 

If you are the appointed guardian for your nephew, you would need to phone the freephone to register the new claim and run through all of the information. This would include full details of the parents pension your Nephew is receiving, which would be earnings taken into account.

 

Due to the length of time since the work capability assessment, your Nephew might well be required to go through the Work Capability Assessment. They won't just refer back to the previous claim and any assessment your nephew had before.

 

Get the claim registered, but do check using the postcode what area your newphew lives in first e.g live service area for New Style ESA or a UC full service area.

 

I am sure DIAL will help you if you are unsure. As you have mentioned, given your situation as guardian for your nephew, I want to ensure you are supported in dealing with this, hence advice given. CAG can be helpful, but as you have realised, when you are dealing with complex benefit issues with the DWP, you really need the professional help of those that help the disabled navigate the benefits system.

We could do with some help from you.

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Thanks for the advice, info going to ring Dial not had chance today will report back about what I learn it is so frustrating nephew had only had his Esa a few months before had to give it up and he was dealt with by paper assessment he did not have a face to face

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Thanks for the advice, info going to ring Dial not had chance today will report back about what I learn it is so frustrating nephew had only had his Esa a few months before had to give it up and he was dealt with by paper assessment he did not have a face to face

 

Depends on what the condition is I think, as to whether a face to face WCA is required.

 

Has your nephew paid any National Insurance Contributions during the 2014-15 and 2015-16 tax years ? I don't know whether dependents pay NI on a parents pension ? I presume not ? You will be asked.

 

What is the postcode ?

We could do with some help from you.

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Run through this linked benefit calculator and that should inform you how to proceed.

 

https://benefits-calculator.turn2us.org.uk/AboutYou?utm_source=BAdviser&utm_medium=referral&utm_campaign=GovUK

We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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