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Everything posted by Millennia

  1. abc is right, its the CA for your dd that exempts your from needing to work, and allows you to claim income support. You can earn up to £100 whilst on DLA, or in receipt of DLA for your dd, but you would then lose some/all of your income support!
  2. You need to claim separately for the carers premium for your daughter, and you wont be eligible for work whilst you have carers allowance for her. I have 3 children (single parent) and my eldest is severly disabled (8yrs old). I get DLA (high rate) for him, carers allowance for me to look after him. Income support (as a carer), CTC. Hope that helps.. Can I ask how much you get for your daughter as I get high rate on grounds of my son being severly disabled, but no mention of a severe disability element on the award? is it included in the high rate?
  3. I lived overseas and following a relationship break up had to move back to the UK. My home overseas was placed on the market and with 3 children (one severly disabled) I returned to the UK. An accident prevented me from working and I claimed income support. The dss accepted the overseas house was on the market and no income was generated from it. I was required to give updates every 6-12 months and during that time reduced the asking price. Our situation remain unchanged. Last week I was sent a letter telling me that benefit was suspended as they had not received the latest form back. I had posted it 2 wks earlier and phoned the office immediately. I was told that if I went to the office and filled out a new form my benefit should be reinstated. However I have done that and they are now saying it all needs to go to a decision maker to determine if I am still eligible as I still have the property as capital. I am floored and worried sick! Last Sept the dss asked for an updated valuation on the property and I couldn't get an agent to value the property without charges that I cannot afford. I provided the initial valuation and evidence that the property was up for sale, and they accepted that. I now have debts overseas as I have been unable to keep up with local taxes (council tax equivalent) on the property. Advise please.
  4. Hi HoneyBee & MIKEY DABODEE I will have to speak to the notiare about that, he did mention that i would have to pay for these checks upfront, but said that he would put the checks aside until i have a valid buyer first. Mikey: My son gets highest rate DLA and I get carers allowance for him. He doesnt get mobility. I also get CTB and HB, but i thought that if i lost the I.S. then wouldnt i also lose CTB and HB? Isnt the HB also dependant on assets/capital etc? Milly
  5. Hi everyone. Thank you for all the replies. It seems all my claim is undergoing a review..Ive had 3 forms, including a 'integrety form' within the last 4 weeks.. I am worried sick by it all I contacted them and explained the difficulties of dealing with overseas agents etc. To add to any delays August is national holiday period in France and i wont get any response until sept at the earliest. I was advised to phone the DWP every fortnight to make sure i will get the next payment. I am so upset by it all.. I have spent weeks filling in forms whilst trying to look after 3 children and being a carer... I am exhausted. I have emailed the Notaire selling the property and am awaiting his response (email is quicker than snail mail and i dont speak the language to phone) There is no mortgage on the property, and any equity will go on paying off debts over there, clearing the property and selling fees etc. Its all a worry because i cant even afford the trip over there to sign papers and empty my belongings from the house. There also needs to be checks on the property (electric, asbestos etc) prior to sale, and i cant afford those either... If I advertise the property on a private sale website, will this also count as me trying to dispose of it in the meantime? Thats something that I can do from here now! I dont know where my ex is, and he has no link with the property.
  6. Help / advice urgently needed please. My situation is this. I moved overseas some years ago with a partner who left me shortly afterwards. Unable to speak the language, get work etc over there, I put the house on the market and returned to the UK (2010). I claimed Income Support as a lone parent and declared the house so that everything was above board. I had to provide the sale doicuments to prove that i was actively trying to dispose of the property, and intended to remain in the UK. All was ok until this week when the benefits seem to be doing a complete overhaul of everyone I have had 3 forms to fill in this last 4 weeks, all with only a week deadline so no time to seek advice or help. All about the property. I again sent off the original documents that prove the house was placed on the market. The property was placed for sale at less than the value at that time, and later reduced again within that year. The DSS now want a new valuation, current documents to prove the house is still for sale and more evidence that i am trying to dispose of it. and all in english!! I am gutted... English documents from overseas are not going to happen, and i cannot afford a translator. Also i cannot afford to go to the property to do any maintenance, legal work etc.. I can do some online with the agent, but am worried now. Property is not selling anywhere, not here in the UK or overseas. The DSS are threatening to stop my Income Support if they do not approve my benefit to continue. this would mean my housing benefit would also stop. I have 3 young children (one of whom is disabled) and I am worried sick. I have done everything by the book, and yet i feel hounded to the point of illness. My children have had very little time with me over the last 4 weeks because i have been spending hours filling in one form after another and struggling with my own health problems on top. Any help or advice is appreciated please.
  7. I am seeking some advice on my situation. I moved overseas with my partner. Not long after he returned to the UK to work and I was left overseas in the property that I bought as our home. We have split and I returned to the UK, as with 2 small children I needed to be near family. I have claimed child tax credits and now I need to claim income support and housing benefit. The property overseas is now on the market for sale. When I first asked about income support, some months ago, I was advised that capital over £16,000 would make me in eligible for benefits. But then they said that if I put the house on the market (evidence that I was disposing of the capitol) then I would be eligible. The same applied for housing benefit. I did not claim at that time, but now I need too as I have found us a home to rent. Does this policy still apply? that I am eligible if the property is for sale? I need to be sure as if its untrue, then how do I cope financially and provide a new home for my children?
  8. My case has been going on for 3yrs. In short I was accused of co-habiting over a 2yr period. I was not guilty of this and I appealed. The appeal cut the period down to 1yr, so I appealed again the new decision. I lost. I appealed a 3rd time.. I lost. I was then taken to court by the DWP on grounds of 'committing fraud by failing to notify..' I won my case! NOT GUILTY! There was zero evidence against me and that was said in the court room by the judge. "We find you not guilty as there is no evidence against you". The DWP had to admit in court that they had not been to my house to get evidence, had not sat outside my home, and had not checked my boyfriends mothers house where he was in fact living! Despite winning my court case the DWP are still pursuing me for the overpayment money for that 1 year. They argue that just because a court found me not guilty of fraud, it doesnt make me innocent of co-habiting, and that 'in all probability' I was in fact living with my boyfriend as he had 'no fixed address'. My ex was a complete loser (although I didnt know it at the time) He changed address more times than most people change their underwear. He was dodging tax issues, csa etc.. so because people couldnt track him down, and he was named on my childs birth certificate.. they put 2+2 together and made an assumption! I have lost my home through this. I dont have a penny to my name and I will be in debt for the rest of my life and beyond.. for something that I didnt do! My solicitor advises a new appeal, but also adds that I will probably lose as they (the DWP) are determined to make me pay up! I feel victimised. The worst part is that last year after I won my case, I was told by a neighbour that the person who made the annon accusation was in fact my boyfriend at that time.. why? He wanted me 'put away' so that he could live as a 'single dad' with my child, in my house, and not have to work! Please can someone out there help me. Can someone take on my case please. I need this to stop
  9. I have been in a similar boat. A lot depends on whether you were married? his name on birth certificate? when he last has contact etc etc.. If you were married and or his name is on the birth certificate then he has joint responsibility and there is very little you can do re: reasonable access. As for his behaviour, that too would depend on how bad, I think the court only restrict a fathers contact if its so extreme in that you have been regulalry severely beaten, raped etc.. See a solicitor experienced in family law.
  10. I have passed it on to my solicitor. This is now becoming a persecution and I am sure that I have rights in law now?? They cannot just dismiss a court decision just because it 'dpesnt suit'. THEY took me to court and I won fair. They should accept that!
  11. OK.. An Update and probably the start of a whole new thread. I was taken to court charged with 'a failure to notify a change of circumstances promptly'. I WAS FOUND INNOCENT!!!!!! due to a lack of evidence. A moth prior to going to court I had my tribunial appeal and lost. The decision was basically based on 'due to the absence of evidence, on the balance of probability, I was living with Mr X' I then won the court charge above.. So far and within days of the court win, I have received a bill from the Local Authority for council tax AND a bailiffs letter (remeber I now live in France!) On notifing my solicitor he says that despite being found Not Guilty' of failing to notify, they can still chace me for the debt?? How?? I am not guilty of failing to notify a change of circumstances because there wasnt a change! and they have no evidence to prove otherwise as I wasnt guilty of the crime! At what point does law protect the innocent? It seems that the DWP and LA can make their own rules, reject any court decision because the outcome 'doesnt suit' and still pursue for a debt that I dont owe. How do I stop this persecution??
  12. Right.. I am going to put in a complaint. They have set my trial date to 1 month after my appeal which means 2 trips back to the UK at a cost that will financially ruin my family and we just cannot afford. Also.. going to the press.. where do I start?
  13. Thankyou.. will pass that onto my solicitor. Any other help would also be appreciated.. Thanks x
  14. The evidence is all 'hearsay' and 'assumption'. One witness who barely knew us (and lying to save his own skin) says he 'thinks that b/f lives with me.. another witness who said he never rented to b/f. Yet we have proof that the tenant did sublet to b/f.. The rest is assumption that if he had 'no fixed address then he must have been with me'. Whats this about hearsay evidence in other areas?? Can you help me?
  15. I feel so persecuted.. The fraud officer laughed at me on the phone when I tried to request the court postpone until after my appeal..he basically told me that I was going to court irrelavant of any appeal. My solicitor informs me that they just want a conviction and make an example of me.. Can I refuse publicity in respect of my children being conceived by D.I and to protect them?? I moved overseas as this was the only way that I could afford to put a roof over the kids heads.. and well.. after all this England can go and [edit] They (the DWP) says its not in public interest to 'let me off' but I cant pay a fine, I cant do community service, I have no income, I will lose my house, my career and be left unemployable in my trade with young kids.. I am even claiming any benefits.. How is it in public interest to pursue this?? esp when there is no evidence against me My life will be ruined on 'assumption'. Even if I win the case, I cannot claim any compensation or expenses, so I am ruined whichever way it goes. Yes I suspect the court is a way to force me to plead guilty.. and I have considered it just to save the expense of the trial... WILL SOMEONE PLEASE HELP ME?????? I have also considered going to the press...
  16. Thanks for that and I am glad that you had a little success with your case. My MP will not get involved now as I left the area (I felt disgraced) and then when I lost my house I left the country.. I am scared to put in a complaint in case it gives them more reason to target me..
  17. I am going through EXACTLY the same thing (read my threads). Get as much together as you can because you dont stand a cat in hells chance. They (the DWP) have no evidence against me, my partner is not even the biological father to my babies (although he did sign the birth certs) yet they are taking me to trial! I have lost my home, have debts, ruined my reputation, and now even my 2nd home is at threat. I have been ill with worry, lost my milk after my 5mth old was born and even emigrated and they still pursue me. I am innocent, but they want my blood! My relationship with my b/f has now come to an end as we couldnt cope with the stress. I loved him so much, my babies have lost their dad, because we rowed all the time after this.. What more do they want?? Its not about the number of nights he is with you, its about him paying rent somewhere, bank accounts, children.. I could send you all sorts of paperwork to refer too if I knew ur email. If you can PM me I will send u some notes that the DWP use to determine whats what. Good Luck
  18. Update: Despite the fact that there is no evidence against me (probably because I am innocent!), and I have no money, live overseas, and am now ill with the stress of it all.. the DWP have still decided that its not 'in public interests' to let me 'get off' with this.. They are taking me to trial (magistrates). They cannot prove that b/f was living with me (cos he wasnt) but because he was homeless (no rent book anywhere) I apparently dont have a leg to stand on! I wish he had have been living with me now, as I wouldnt have had the debts I have and I wouldnt feel as bad being done for summat I was guilty of! I cannot even afford my flight back to fight this, I have no money / income, and this will cost me my house yet again. A conviction will also cost me my career! I need help fast? who can help me? press? anyone please..
  19. I have been accused of a 'living together situation' with my b/f and benefits stopped resulting in mortgage arrears, debts etc.. To cut a long story short it isnt true, we werent living together. The allegation was the result of a malicious phone call, we have 2 children and he had a period of no fixed assress when he stayed at his mums.. she didnt declare this to CTax so wont back us up. I had to sell my house b4 being repossessed. Now live overseas, and they are still taking me to court. They have no evidence apart from flimsy 'hearsay' and 'assumption' yet I have to pay to come back to the UK, fight my case and probably lose as 'most people do'.. and even if I do win I cannot claim any compensation.. I am close to losing my new home now as I have no income, and a mass of debts and money running out fast. I cant even afford the plane ticket.. If I dont attend then I will be found guilty in absence and can be arrested. What can I do? I have a family to support on what bit of money is left. No-one will help me. Its also going to appeal but I feel that I am being targeted for a conviction. I have a solicitor and welfare rights helping me, but can I take this to a higher body for help?? My MP in the UK doesnt want to know as I am no longer in the UK.
  20. Well my update is this.. having had enough of the UK I am now in the process of moving into the EU. My solicitor and I went to the court with the intention of adjurning the case until after the appeal, and it was put aside for 3 weeks whilst it all goes back to the DWP to decide if they wish to continue going to trial with my 'not guilty plea' or discharging it as I am now overseas.. Either way the appeal is a seperate issue (although for the same matter) Confusing!! so I will have to still attend the appeal. Financially this has crippled my family and we have only pennies to live on until my b/f gets work. I dont even know how I can afford to return for the trial.
  21. haha.. am sorry I shouldnt laugh, but i would love to have seen their faces when you said that! And I bet you got no apology! I just wish it was that simple for me. It seems that a girl cannot have a boyfriend of 'no fixed address', and that no matter how innocent I am its up to me to prove it.. Guilty until I prove otherwise!
  22. The result: I didnt get chance to SAR them, but I did threaten it when they finally did ring me.. I also threatened a complaint to the director.. result = they got the money back for me + £50 compensation + £20 towards my expences (phone calls ect). Thankyou to everyone who helped and advised. Much appreciated x
  23. They dont care if you lose your home, and they wont apologise if you win your case! I lost my home and they still want a bigger bite of me! They dont want you to have anything or get anywhere in life, and if you do they will knock you down! I have now had to stoop to asking people to write statements for me.. imagine how embarrassing that is.. and when they dismiss these statements as evidence its like a slap in the face. Good Luck with yours too x
  24. My appeal date still has not come through yet, and I am in the process of gathering as much evidence I can to support my innocence, but it seems they are still taking me to court anyway. My date has been set for the 11th June. A week away! They have not even given me time to get an appointment with my solicitor! I am currently on holiday and return to the area on the 9th.. its almost as if they knew! I am so scared.
  25. Thanks for that Kerrie. I have written a letter to the complaints director and will send the SAR off tomorrow. This site has given me the confidence to fight back!
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