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Everything posted by Simon7685

  1. Sorry for daft question but is that she will lose SDP even if I don't claim Carers Allowance?
  2. My Mother is 87 lives alone and struggles to manage on her own with worsening health problems all the time. She gets AA and a SDP amount included in her pension credit. I am going to become her carer and will claim UC as a full time carer 35 hours a week, probably more. I understand that in UC I will get the carer element of 156.45 included in my UC and will not have any work requirements under the claimant commitment. If I claim CA for looking after her she loses the SDP she gets in her pension credit. However if I do not claim CA will she keep the SDP or does she still lose it because I get the carer element in UC? I have looked around to try and find this out but cant find anything definitive, so could someone with more knowledge than I have help me out with this? Basically I would prefer not to claim CA and have her money reduced, she is my Mother and I dont want to take money from her for doing the right thing and caring for her. Thanks in advance
  3. I have just completed my migration from DLA to PIP. My DLA was an indefinite award of HRM & MRC. My assessment went better than I expected to be fair, I asked the assessor the normal question re what she thought my chances were, she said she would support what I had put in my application. After a 5 week wait the letter arrived last Saturday. I was awarded standard rate mobility on an ongoing basis until June 2026. I received no award for daily care. On checking the letter closer I saw that they had awarded 8 points for daily care - so I should have got the standard rate!!! The letter even said you have been awarded 8 points for daily living and have been awarded (blank space) rate. On Monday morning I rang up, they agreed the letter contained an award of 8 points for daily living. I was told they would put an urgent call for the case manager to ring me and because of the situation would put a 48 hour time limit for the call back. 48 hours came and went and no call......... So I rang again and this time I was told that I should not have been told 48 hours, it was 24 hours to 5 days for a call back. I was less than impressed. The person said they would refer it for the case manager again to call me. It is now Friday afternoon and no call back received. To say I am angry is an understatement. Can anyone help with what I can do to move this along? I considered asking for a MR but to be honest I don't even know whether I have been awarded anything for daily living until this is sorted so a MR isn't really an option yet. All I want is to know where I stand am I going to get a daily living award or not and if not I can then begin the MR and appeal if required. I even asked to be put through from the call centre but obviously they can't/won't. Any ideas gratefully received, thanks in advance
  4. Thanks everyone for the advice it is appreciated. Just to answer some of the questions posed, I am the only surviving relative now so the buck stops with me. I know I will qualify unless there was a massive turnaround in my finances which is unlikely. It is really just the worry of the DWP taking what is in the current account into account towards the cost as that is obviously money that is used for living expenses. We decided to go with a joint account to make things easier in the long term and because there is no property or anything else involved it made sense, also if my Mother became not able to make decisions etc, I would automatically be in a position to administer her bills etc without a lot of hassle getting power of attourney. Also we calculated that with both our incomes going into the account we qualified for the 5% interest every month. It doesn't amount to much but as Mr Tesco says "every little helps" It will only be a very basic thing whenever it comes and we have a half decent funeral director in the town that is renowned for not ripping people off with flowers etc andd there won't be any cars or extras just a basic cremation, that is all she wants and as there is no other family I suppose it is all that is necessary. Like I said it is just about the joint account, if there was around £1200 in it if it was the right time of the month, I can't afford for the DWP to suddenly say well you have to use that towards it and have nothing left to live on until next month. If the funeral director wanted payment up front I would be able to put it on a credit card, or at least part of it, so hopefully that wouldn't be a problem but I am pretty sure our FD is happy to help if they know you qualify for the funeral payment with just a small deposit.
  5. I am hoping someone with some knowledge of help with funeral costs can help me out. My Mother and I have a joint bank current account, she has no savings and neither do I. Depending on the time of the month there can be up to £1000 or more in the account. I know already that when the time comes I qualify for a funeral payment as I get DLA as well as working tax credits, so that is not the issue. My Mother is 83 and not in good health so wants to have everything in order as most people do. We have been told that when the time comes the DWP will want to see a final bank statement as part of the process of qualifying for help, which is understandable. However as we have a joint account there will not be a final statement as it will just continue in my name only. So I am assuming they will accept just a current statement? The biggest worry is will they take whatever is in the account at that time to use towards the funeral costs? As it is a joint account not all the money in it belongs to her or me, so what happens? The bank said that any money in the account will become mine as that is how it works when one person dies and they have a joint account. So would they take that money and say it has to used to pay for the funeral? The money that is in the account is money for living costs, bills etc and not savings but if they use it, then how do I pay to live until the next time I get paid? It is all quite confusing as to what happens as I guess this is not a normal set up. Any advice greatly appreciated
  6. Thanks for the advice, I realised that it would be a civil case as opposed to a criminal one but I had thought that technically it amounted to fraud, that this would be the route to go down. So I appreciate your advice on that and I will heed it if I have to complete the court papers. I used the bank charges interest calculator I used when I claimed my bank charges back several years ago for calculating the 8% (just ammended it) because of the low amounts of the overcharging it only came to £2.01, which seems a small amount by way of compensation on its own. After all they have deprived her of the use of that money during the last 3 years and £2 doesn't really seem to be a fair and reasonable amount but I take your point about having recovered her money and the 8%. Regarding costs, I always thought you could either charge an amount within reason for self litigation, or claim the costs of what it has cost you aside of the court fee, which is exempt as my Mother gets PC Guarantee. It has taken a lot of time to get all the details together, all the letters printed out, the postage (everything Recorded) etc. The main thing is getting them to give her the money back that in effect they have stolen out of her bank account, also holding them to account. These companies no matter what line of business they are in like to think they can just get away with doing as they please with no redress. The whole thing has caused my Mother a lot of upset and worry and they need to be made to see that, preferably without putting her further out of pocket.
  7. I am about to embark on taking a Housing Association to court for what I believe is fraud. I could do with some general advice on whether fraud is the right way forward. Without putting too much into a public forum, the details are; In January my Mother suspected that her housing association were taking money in the form of overcharging. This amounted to her water rates which she pays directly by DD every month to the Association not the water company, they bill the Housing Association. During the course of the last 3 years they have taken money for periods of time that they were not entitled to, it is not a massive amount of money but that is not the point. Each year she receives an uprating letter for her rent, service charge and water rates detailing what each element is per week. Some years they write under seperate cover detailing the amounts they will take each month and on what date, other years they don't bother and just take the DD making adjustments as they see fit without notice. I believe that this on its own is a breach of the DD Guarantee but that isn't so much the issue. The amount they have taken each month is more than the amount they detailed the charge to be and amounts to £26 per year, like I said not a lot but still money they were not entitled to. We can prove how much they said they wanted and obviously can prove that they have taken more than that from my Mothers bank account. In the interim I have cancelled the DD and replaced it with a standing order to stop the overcharging. I have written asking for a refund and explanation, they ignored the letter. So I followed it up with a LBA and they have now responded. There "defence" is that they calculate the weekly water charges by using the previous years charge and adding a percentage based on the RPI each September. This means that sometimes they get it wrong. When they do they they do not seek to recover any undercharges from the tenant. Likewise if they charge too much they don't give the tenant a refund. They have not charged too much, they have just taken more than they charged, which isn't quite the same thing! I do not believe that this is lawfull, it does not detail any such thing in her tenancy agreement. They have also said that the reason they have been overcharging was to make my Mother one week in advance with her water rates as per the tenancy agreement. It states none of this in the tenancy agreement and in any case one week in advance does not amount to £26 a year! My Mother is also not the only tenant they have done this to, there are at least 6 tenants in the same place. 1 has had a refund, 1 is waiting for a cheque supposedly in the post and the others are still in the process. It is crystal clear that they have advised every year what the weekly charge is in writing. It is obviously also crystal clear they have debited more than that amount. I backed up my LBA with documented evidence to prove they have overcharged, yet there is no willingness to refund the money, instead trying to pass it off as acceptable. So I am writing again demanding a refund and giving them a further 14 days to refund, or we will take them to court. Would this be classed as fraud? Or can it be theft? I am 100% certain that they will lose if it goes to court but not entirely sure what the charge would be? So any advice would be appreciated on the way to go. Also can I claim costs for self litigation and compensation for my Mother beyond the 8% statutory interest the court can award. Any advice and guidance appreciated. Thanks in advance
  8. Just a quick update.......... WTC etc all paid on time as promised by HMRC. Still no sign of self employed confirmation from HMRC, the council want that as part of the HB claim, so I will have to chase that up after new year, as I doubt I will get any sense before then. No sign of Return to Work Credit being paid yet, I got the official notification dated 17 December. It said payment is normally made on a Tuesday and should be in the bank by the Friday but no sign as yet. Next week will be week 4, so at least it should mean a lump sum to start the New Year with..........
  9. Incidentally regarding your alleged visit that took place when you were in and no one heard the intercom etc. I sympathise greatly with you. This seems to be everybodies excuse nowadays.......... On a seperate note, I had an attempted delivery on Tuesday while we were in waiting for it, anyway they tried to get an answer for 10 minutes before giving up and leaving a card. We never heard the bell or door, neither did the neighbours. So I organised it to be delivered on 21/12 because I had to go to my MIL's funeral 80 miles away. Anyway they are now claiming I signed for my item at my property yesterday........ while I was in a crematorium 80 miles away. I must have bloody long arms:madgrin: that's all I can say!
  10. So is this being classed as a positive or negative step RMW?
  11. Another positive to report back, the DEA at my local Jobcentre called today, just to let me know that my RTWC claim had been authorised, she wanted to let me know, just in case the letter was late because of Xmas post. She didn't need to do that, so I was actually quite impressed by it and I think it proves the point that not everyone that works in DWP is bad, or doesn't care about the people they are supposed to be helping. One slight negative......... I still haven't heard from HMRC regarding my self employed registration, I did it online on 29 November and thought I would have got my self employed number through by now. We have to go away tomorrow for a couple of days to go to my MIL funeral, so will have to chase it up when we get back.
  12. Thats a result then:whoo:. Hopefully they will leave you alone for a good while now:-D
  13. Postman delivered a letter from Return to Work Credits this morning......... Good news they have awarded me it and payments are to commence at £40 a week for 52 weeks. I am really pleased at how quickly they have got everything sorted for me and it is nice to know I have that little bit of security for the next 12 months......
  14. I have been reading about some of your trials and tribulations with ATOSser and I do feel for you Margaret. I don't know sometimes where you find the strength to keep going like you do and I truly hope that at some point soon, you get the right result and left alone by them. Though knowing them I think more like months more messing you around infringing on your rights to end up in a long appeal process that you will win following their Eurovision assessment of nil points..........
  15. The Self Employment is going as well as I think it can, it was all a bit rushed in the end as you know I could have done with it starting in January but it is at least nice waking up knowing that I do not have to deal with the odious ATOSsers anymore. We have just had a bereavement in the family (MIL), so the timing could not have been worse for it really. If I can get everything fully running by thesecond week of January I will be very happy. Then I just need to make some houses to build a portfolio, get some orders and make some money. I am spending most of my time organising really for now. There have been a few good stories like moving a wardrobe to make some more room for my working area and it all fell apart on top of me, OUCH! Bloody flatpack furniture taking its ultimate revenge on me. One large hammer, some big nails and blue language and it was all fine again.............. It's going to take time but my business plan isn't forecasting making any money until March 2013, so no need to panic just yet. I am hopefully going to be selling by mid February so that will be ahead of the game if I can pull it off and that is my personal target. How are you getting on with our friends at SHATOS?
  16. Wow a positive post for the DWP, can it really be true, or even happening?? I had great reservations about all the things I needed to fall into place, following the move from Income Support to Self Employment. I have to confess I was panicking as to whether the DWP and HMRC could do what they said they would, when they said they would. Having read lots of horror stories I was worried........ For once it would seem the powers that be have actually managed to get their acts together. Day one of a new beginning swam into action on Monday, my final IS payment went into the bank on time. A phone call to HMRC about tax credits seemed to go well, they said they had all the information and the changes would be done straight away (yeah right I thought). By Friday my Job Grant was into my account and a small payment of WTC. On Saturday the Tax Credits award letter arrived, detailing all the changes and what I could expect and when. Which at least means So for once I think DWP and HMRC deserve a little credit from me at least. I know there are lots of people who they don't get it right for and often screw up but I thought a little bit of positivity for today at least was due. The only thing left now is for the Return to Work Credit to be got up and running but it was only Tuesday when I managed to get everything into the Jobcentre for that. So if they can manage that in time for Xmas, it will be a bonus. If not as long as they pay it then that will be another bonus point, if not then they might need to borrow my tin hat!
  17. Thank you very much for your advice with this, I think that this is more likely to be the route I will take. I don't see the point in having to pay £105 or £10 a week until next September for the privelage of staying on the HB system. I do not like the way my landlord has gone about this and still think it is morally wrong but that is for his conscience not mine. I wish I could afford to move to be honest but just setting up a business and trying hard to make it work, it's not an option. I will be organising an appointment with my LA as soon as I can, due to a family bereavement over the weekend it has slowed plans down but I have a week or two to get it sorted.
  18. He has agreed to allign the change with the end of my 4 week benefit run on which ends on Sunday 13 January 2013. So I need to get him to start the new agreement from Monday 14 January 2013, along with the increased rent, is that right? I have just checked back to last time and it was 2010 not 2011, it didn't seem that long ago but there we are. How time seems to fly by nowadays! So I will then need to get a new LHA form as oppose to the HB change of circs they sent out, get it filled in and all the info submitted asap to get the claim done in time. 4weeks for a LA to process a claim is asking a lot especially our LA, they are always weeks in arrears with claims. Well I guess he will just have to wait for his rent then until its sorted because I certainly can't afford to pay it when just starting out with my new venture. I don't even expect to make any money for at least 3 months. A final stumbling block to the masterplan........ If the claim is in my wifes name, with me as partner, can the payments be made direct to my bank account? Or does it have to go into hers? Thanks again
  19. I have to say I wish the LA letter about the last increase not being paid had been as easy to get my head round as your esplanations on here, so thanks again for your help, I do appreciate it. So I could end my claim to HB and the wife claim LHA from the next day, even though she is on the current claim? Our tenancy is in joint names and so is the current HB claim?
  20. I haven't got round to reading the link yet but I will. I do take your point about the numbers game and how it can be masaged to suit a certain point of view. I still don't think I would trust Ed Balls to be in charge of the finances though, having said that I don't think Osborne is up to the job either but I definately couldn't see Ed not making a balls up, pardon the pun.
  21. So when the rent up in 2011 in June because the anniversary was in September, they wouldn't consider the increase until the anniversary and that is why I had to pay it? Is that right? If so then would that likely follow with this increase, £10 a week I would need to pay until the anniversary date in September 2013? The increase back in 2011 was the first increase in six years to be fair on him, it went from £85 to £95 a week, so I was surprised when they said they wouldn't pay it. My Mam is in a housing association property and they pay her increases each year without a fuss (she has been there for 13 years), which confused me even more. I guess now that this is because it is a HA property then? thanks for your help:-D
  22. If they were a minority Govt, I think a lot of the policies would still have gone through, as it would be highly unlikely that everyone else would have voted against everything. Politicians being politicians, deals would have been done and it wouldn't have taken more than 30 pieces of silver to buy most of them after all. Antone are you sure the deficit has been bigger than it currently is, over 1 trillion pounds? In 1997 the debt stood at 352 billion when Uncle Gordon got the boot hadn't it risen to around 850 billion, even after flogging the gold reserves and despite one of the biggest boom times the country had seen? I agree with a lot of Labours values but not their economic values for one minute. They managed to bust us in the 70's and nearly did it again this time, even after inheriting a budget surplus in 97. Can they really be trusted not to do it again, especially with Mr Balls in charge of the coffers?
  23. Thanks guys, its good to know that I am not the only one that thinks this stinks on the part of my landlord. I understand the basics of HB and a little LHA but am in no way an expert, so all advice is very much appreciated. I am on the old HB system if that helps, my HB has been in payment since 2005. My last rent increase was in June 2011, he put it up by £10 a week. I was on full HB due to being on IS but I ended up having to pay the £10 increase for 9 weeks. I never did get my head around why exactly that was. I applied for a DHP and was refused because they took my DLA into account for that and said I didn't qualify.
  24. It is never going to be perfect no matter who is in power, as they all look after themselves and their buddies first and foremost. It has always been that way and always will. If there was an election tomorrow, I expect Red Ed would get in with ease but I for one am quite happy to put on record that none of the current cuts would be changed, they would still go ahead and they would blame the tories and say they can't reverse them. I also believe that if Ed and Co got in tomorrow, they would spend, spend, spend, borrow, borrow, borrow and we would be back to the 70's inside 2 years and going back to the IMF for a handout. That however is only my opinion but different opinions is what keeps the world interesting, there will never be a Utopia and everyone singing from the same hymn sheet.
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