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speedfreek

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Everything posted by speedfreek

  1. speedfreek
    Not sure where you are getting your information from? All recordings are fine, dandy and legal..... it's how you use that recording and in what setting where issues occur! So posting it to youtube (especially if it has recordings of a 3rd party) is not advised. Not illegal either but not really advised. Now recordings as evidence; No issue here - but you have to convince the person evaluating the evidence that it is relevant to your case. You do this by sending them a transcript of the call, highlighting why and where it is relevant to your case. You can not and should not expect anybody to listen to a raw call recording on the off chance that something in there might be relevant. That is silly! If you convince them that your recording is relevant then it will/maybe be accepted and the actual recording may be checked v's your transcript. Judges/whoever is presiding over the evidences discretion..... it's your job to persuade them it is!
  2. speedfreek
    Your best bet to sort this out is a duel approach; 1, lodge a complaint - very important this 2, keep referring them to Transitional Protection reg 19 http://www.legislation.gov.uk/uksi/2014/1230/contents/made This thread has a good letter linked in it. https://www.rightsnet.org.uk/forums/viewthread/12266/ Also every time they try and do something not consistent with TP Reg 19 keep lodging new complaints for each action.
  3. speedfreek
    You need to keep an eye on this thread https://www.rightsnet.org.uk/forums/viewthread/5928/ As they think the 2014 cut off for back dating is not lawful. Since they forced this change by the DWP..... probably best to keep up to date an informed on developments.
  4. speedfreek
    http://www.welfareweekly.com/revealed-universal-credit-capability-for-work-questionnaire/ you want the first web link under the photo - has a download option Or you could use this? But I'd feel mean for not passing the DNS some traffic! https://www.scribd.com/document/368430893/Universal-credit-work-capability-questionnaire#from_embed
  5. speedfreek
    Have a look at post #2 here https://www.rightsnet.org.uk/forums/viewthread/11795/ So attending a ESA WCA is not any indication that you don't have the issues you do! Personally I stock up the freezer, take the hit then argue the above at appeal! It's less stressful for me so better but... we are all different so what's good for you?
  6. speedfreek
    Depends on what info you're after? There's a collation of resource links on this page https://benefitrights.net/2015/03/30/universal-credit-maps/ There is an interactive map you can click on which might be on that page but I can't remember the exact link. Also whilst you have the different rollout levels I'm not sure there's a list on when the planned rather than natural migration of existing claimants commences. So whilst it should be rolled out by end of 2018 the migration of existing non UC claims will take far longer and hence the is it 2020/2022? completion date * * note this maybe subject to further revision as all claims were supposed to be migrated over by Sept 2017 iirc
  7. speedfreek
    Nope the single occupancy is lower than the 1 bed rate. About £80 lower this year. iirc un assessed and un metered are all placed on the 3 bed rate by default. I've already applied and been accepted on the single person rate so this is about getting it backdated as far as possible. I'll write a speculative letter/complaint and see what they say. I doubt they'll agree but at least once I have their reasoning and a deadlock letter I can bump it to OfWAT or whatever for an opinion.
  8. speedfreek
    This is the IB to ESA conversion which completely ignored any IR ESA they might now be entitled too. The gist being the DWP argued that Conts and Income ESA were separate benefits and you had to apply for it on conversion. Welfare Right workers argued (and won) that ESA is a single benefit and any failure to award any part of it was down to lack of investigation by the DWP. Massive thread on it here https://www.rightsnet.org.uk/forums/viewthread/5928/P135/
  9. speedfreek
    To quote from Thames Water on their Assessed Household Charge Now I was assessed in late 2008 and placed in band 1 and have been billed band 1 ever since. Only recently did I discover that the single rate also exists so have applied for it and been accepted. Now luckily I have a copy of my original meter assessment form (completed and signed on the day of my assessment) which states on it 1 bed 1 person.......... I can't remember a bill or leaflet that advertised that they had brought in a lower rate I was eligible for or I would have applied for it. So the question is since they had the information that I was eligible and failed to adequately advertise the change to me........ Would this be worth pursuing? I know with benefits etc that them having the information but not applying that to future changes is an easy win at appeal but what about this scenario with Thames Water? It could mean a refund of around £700
  10. speedfreek
    More nudge Unit bull**** by Penny Mordaunt in Parliament http://hansard.parliament.uk/Commons/2017-10-09/debates/663D409E-46BA-4DEA-BCDB-B9E4484C0A04/HealthAndWorkProgramme#contribution-69E18DAA-C306-479A-98C5-551C51EE865D List by region of awarded HWP contracts. https://www.gov.uk/government/publications/touchbase-dwp-news-about-work-working-age-benefits-and-services/october-2017-touchbase-edition-122 9. Providers announced for the Work and Health Programme The Minister of State for Disabled People, Health and Work, Penny Mordaunt, has announced the 6 providers for the new Work and Health Programme. Area Successful provider Central England - Shaw Trust North East Reed - In Partnership North West - Ingeus Southern - Pluss Home Counties - Shaw Trust Wales Remploy Local government partners in London and Greater Manchester have been given funding under devolution deals and are selecting their own providers. In Scotland, funding for employment programmes for unemployed and disabled people was devolved in line with the Scotland Act. The Work and Health Programme is not available in Northern Ireland.
  11. speedfreek
    Have you run the scenario via entitled to or any other benefit calculators? TBH absolutely nobody has a clue on how UC works in practice except for the fact it will make everybody worse of in some obscure way. Not sure if you get PIP/DLA or could sort something out with AA if either yourself and your parents get DLA/PIP? Remember UC has no disability premiums and all ESAs decision past 4th April 2017 now also carry no WRAG group premium either! If Rightnet discussion is right..... then at present there is no "Transitional Protection" as all ESA transfers Support/WRAG group are not being treated or paid as being in those groups until after a new assessment. So transfer >>> UC50 issued >>> assessment >>> decision makers decision. Best bet is to throw the family make up benefit scenarios through a few benefit calculators and then take it from there and/or all of you seek out any advice available in your area.
  12. speedfreek
    Might be worth linking this thread to this thread http://www.consumeractiongroup.co.uk/forum/showthread.php?480078-Department-for-Work-and-Pensions-unlawfully-stopped-people-going-to-tribunal-to-challenge-refusals-judges-say As it has a link to the case/press statements from CaPG who brought the action plus a few other things. Like a description of why it matters and how if effects you.
  13. speedfreek
    Somebody PM'd me with a question about prosecution thresholds? Maybe you'd like to open it up to all for an answers as....
  14. speedfreek
    https://www.gov.uk/government/publications/penalties-for-social-security-fraud-and-error/penalties-policy-in-respect-of-social-security-fraud-and-error#introduction Dated 14/07/2017
  15. speedfreek
    Obvious question here is did you have a WCA in May? If so when were you informed of that decision? If you have an active award for PIP or DLA claiming Universal Credit removes all your disability premiums - EDP/SDP even JSA has a £15 disability premium. UC has non by design so..... If you can avoid Universal Credit until you are forced on to it it's an extra £55-£70 a week you'll get (see FTT acceptance below). Depends on what level of Universal Credit roll out area you live in but........ After your mandy (mandatory reconsideration is rejected) once your appeal is accepted by the FTT (First Teir Tribunal) you will get assessment rate ESA (same payment as JSA) - what group you were in premium + any disability premiums for the whole period from the date of your ESA decision until present day. Also if you're claiming any Council benefits also inform them! If you need to claim old style JSA then consult the Riughtsnet Discussion forum for how to do that as...... its not very easy to do... I refused to make a UC claim and lived off DLA for 6 months until my formal appeal was accepted by the FTT! As soon as my appeal was accepted by the FTT I received 6 months of ESA (assessment rate) + my DLA SDP premiums. So £55 a week disability premium (SDP) I would not have gotten if I'd claimed Universal Credit!
  16. speedfreek
    I'm the same just for different reasons! Problem is...... it takes 4 years to bring an Equality Case as far as a Judicial Review judgement..... HMRC have just been done by JR for forcing an internet only service after a 4 year discrimination/equality case. 4 more years before they comply with the judgement! So given the outrage over no sound from the bell called Big Ben for 4 years I expect nothing Christopher Walken to play me in the movie
  17. speedfreek
    So with the imminent closure of numerous Job Centre Plus offices around the country, there will also be the rollout of the new spangley, fandangley and utterly spiffing Health and Work Program. iirc as well as being mandatory for all WRAG, it will also encompass mandating people in the Support Group to appointments for a discussion on how they can help. Amazingly 'by leaving me alone to get better' is seen as to negative by the DWP Nudge Unit so we're all about to have to have something called a Health n Work conversation at one of the few (harder to get to) JCP offices remaining. All you need to know is encompassed in this Rightsnet thread on the subject https://www.rightsnet.org.uk/forums/viewthread/11020 Apologies to Mr Manville for completely bastardising and ripping off his good work but it's for a good cause
  18. speedfreek
    Cheers my darling That will do nicely! Oh and thank you
  19. speedfreek
    I'm asking because this isn't just criticism......... that Guardian article is a little bit wide of the mark tbf. When the DWP introduced it's Mandatory Reconsideration initiative, it also decided that it and it alone could decide if it would accept your Mandy if it was late! The DWP also decide that their would be no appeal rights against their decision if you felt that this was unfair. Initially 4 years ago all was well and all late Mandys were accepted, but..... there was always this nagging doubt that this would become another arbitrary tool to deny people natural justice and that this burden would be placed squarely and firmly on those least able to cope. And guess what? In true Scooby Doo style the DWP was planning on doing just exactly that all along! Whilst if it wasn't for those pesky UT Judges....... You now have appeal rights on a late Mandy acceptance decision! But not only that..... The ruling also means that anybody who has had a late Mandy refusal over the past 4 years can now challenge that decision. So it's a huge repeal of a fundamental DWP policy and for the reasons above pretty important that this decision be found by others! I would have posted this morning but you beat me to the punch.
  20. speedfreek
    Sort the title out to something more meaningful please HB! DWPs refusal of late Mandatory Recosiderations ruled unlawful by Upper Tribunal - or something along those lines? Link to CPaG (who brought the case) press release http://cpag.org.uk/content/cpag-wins-breakthrough-case-operation-late-mandatory-reconsideration-scheme-ruled-unlawful Link to decision https://www.gov.uk/administrative-appeals-tribunal-decisions/r-cj-and-sg-v-secretary-of-state-for-work-and-pensions-esa-2017-ukut-324-aac
  21. speedfreek
    Can't tell you about time frames for a new WCA as they seam completely random. Also there appears to be issues with Universal Credit and getting them to send you for a WCA which is why we've suggested if possible seek out help/advice/support. If you're stuck try CPAGs welfare advice search http://www.cpag.org.uk/lwas Some Councils also have a welfare rights service so it's worth having a search on your local Councils website. I religiously read the Rightsnet discussion forums every Friday as they're a good source of information and strategies to overcome DWP ****wittery using reasonableness, regulations and common sense. They're a bit much at times.... also remember they're usually worst case scenarios as most people (unlike me and you) don't normally have these issues. If I find something which maybe useful to me I bookmark the topic just in case. https://rightsnet.org.uk/benefits-a-to-z https://www.rightsnet.org.uk/resources#A_Z https://www.rightsnet.org.uk/forums Since you have already been refused at mandatory reconsideration stage have you formally appealed to HMCTS via an SSCC1 form? Always to keep a copy of what you've sent for reference! Hitting the time deadlines is the most important thing here! It just makes thing easier. Why make things more difficult for yourself? Throw in your basic arguments for the appeal and why you are appealing. Once the HMCTS accept your appeal you will get a reference number which you quote when you send in later acquired supporting evidence which will get added to your appeal submission. I'll give you a piece of advice from the most amazing welfare rights person who looked after me from 2010-2012 which even I find hard to follow at times. He walked me through 2 DLA and 2 ESA submissions, appeals and even got a change via a mandy! It's all about explaining why you qualify for the benefit! Nothing more nothing less! I'm now 6 out of 6 and although 5 out of 6 (won 1 mandy for DLA in 2010) have been sent to the HMCTS requesting face to face. I have never been to a face to face HMCTS tribunal as using a very good why I should be awarded this benefit arument, followed by medical evidence get's my appeal pulled by the DWP pre screening!
  22. speedfreek
    RMW is basically pretty much spot on. Have a read of this thread http://www.consumeractiongroup.co.uk/forum/showthread.php?462757-JSA-stopped-%96-No-notification-Please-Help! You can ask for the postal logs and a copy of the letter sent via a SAR Subject Access Request but they will not arrive in time and you are on a 30 day deadline you have to meet to ask for a Mandatory Reconsideration. May come in handy if you have to lodge a formal appeal with HMCTS if your Mandy doesn't go your way so worth doing. You will have to request this from the company who carries out the Work Capability Assessments (WCA) in your area. Not sure if you can request this via the DWP as the DWP didn't send it. Note; The DWP will have their postal logs linked to the letter sent and copy of it Maximus, Capita and all the other DWP partners will just have a log stating something was sent but not what; which goes against them at HMCTS first tier tribunal if you have to formally appeal. The 3 arguments against a failure to attend are in brief 1, I have well documented postal issues and the notification letter got caught up in those. 2, I complied with everything else so it is out of caricature not to have attended if I received the letter. Which I didn't receive for reason unknown and beyond my control. Both of these are requests to be given "the benefit of the doubt" 3, I didn't understand the instruction due to my condition or due to my condition I could not attend. This can apply to both written and verbal instructions. This is harder to argue and you need solid medical evidence to make it a success. Be prepared to have to formally appeal to HMCTS but you never know you might get lucky so...... Good luck and tough it out. The other thing is you will have to re-arrange the ESA WCA (Work Capability Assessment) as a matter of urgency as you will not receive any ESA until either the FTA (Failure To Attend) decision goes your way or you have and have passed a new WCA. No matter what happens you need to keep any appeal going or you'll lose out on any benefit payments owed from the date of the FTA when your ESA stopped Since you've applied for Universal Credit read up on the 13 week sickness rules and how to apply for what was ESA in Universal Credit Rightsnet has a Universal Credit section in their forums, but if you can seek out a local advice service or a mental health charity or hopefully your in the care of a local mental health team so try them? Can't really be of any more use than that as Universal Credit seams to be a mystery to everybody! Absolute appalling situation to be in but don't ever give up and you'll get their in the end!
  23. speedfreek
    Unless anybody has a more recent version have a read of the Work-focused interview advisers guide https://www.whatdotheyknow.com/request/work_focused_interview_advisers Pay attention to the sections on how you both should agree things which will cause no harm and with in the limits of your condition.
  24. speedfreek
    Shamelessly stolen from Rightsnet administrators Stuarts thread ATOS Healthcare is now called Independent Assessment Services when it comes to PIP assessments. All references to ATOS have been replaced in gov.uk PIP publications including in the PIP handbook https://www.gov.uk/government/publications/personal-independence-payment-fact-sheets and the PIP quick guide for support organisations. https://www.gov.uk/government/publications/pip-quick-guide-for-support-organisations The renaming comes with a website for PIP assessments (still having to say ‘delivered by Atos’ in its logo though) which says - https://www.mypipassessment.co.uk/ That quoted sentence has almost made me vomit!
  25. speedfreek
    Congratulations on both counts. Sorry completely missed this hope you eventually got the decision letters and paid!

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