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Winnie Wotsit

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  1. The carried out a survey six months ago regarding garden maintenance. The tenant in this case never completed the survey because A: they already received a letter* from the HA in 2008 saying they had dropped the service, and B: They assumed the survey was for the other estate that did use these services. However, if the survey was a consultation, they never mentioned costs, what was on offer, alternative etc (I've just had site of the survey). It 'appears' to fall short of the framework laid out for this process. I'm assuming from the replys that this is not a simple case of a TA already in place that cannot be changed, but rather a long protracted case that might end up with the ombudsman ? * When the tenants previously went through the same problem in 2008, the letter the HA sent stated they, (the HA) had to have the tenants permission to apply the charge (could possibly be a mistake the HA made). When it was challenged, the tenant received a detailed letter from the HA saying the service charge would be removed, and implied the HA would carry on paying for the service. Now, the area in question is one road containing twelve properties (not sure what the other residents are doing). There is no communal area, only a public road and public footpath. The tenant has an agreement in place with the HA to maintain their own garden. So how the HA can justify this charge in this particular area is beyond me. On checking that HB will pay for a 'communal charge', I found this : Under the Housing BenefitGuide, Housing benefit would not see this has eligible rent under section4.700, 4.701, 4.720 & 4.721 of the housing benefit guidance manual Part A,A4, Eligible Rent. Amendment 14 December 2007. Further to this, it also contravenes Housing Benefit Regulations 2006, Part 3 – Payments in respect of a dwelling. Page 24 This was based on the property not having any communal facilitys.
  2. They called Shelter, but they were unable to help and passed them onto CLS, who were also unable to help. CAB said they're too busy to help. On checking back with them. The HA tried the same thing with the tenant back in 2008. The letter the HA sent in 2008 stated they tenant had to agree to the service charge. In that instance the tenant refused and the service charge was dropped. In this present letter, the HA as stated they have the right to include a service charge. Ok, the charge is for communal gardening and maintenance of their front garden. However, they don't have a communal garden and have always looked after their own garden (its stated as their responsibility in the TA ) . They have properties about 10 miles away that do indeed have communal gardens, but the property in question only as a fenced front garden that the HA have for a long time agreed will be the tenants responsibility. It appears they are claiming the communal area to be the public highway outside their home and collecting littler once a month is deemed looking after the communal areas ! More concerning is the HA claim HB will pay the service charge. A: I don't think they will and B: The assumption people don't return to work and pay their own rent is not exactly what I would expect from an organisation.
  3. Thank you very much for replying. They moved into their home in early 2004. I have looked through the tenancy agreement and there is a vague clause saying the HA can cease services at anytime and then goes on to say "...or it may provide additional services if the association considers it desirable to do so" inferring the HA can introduce a service - albeit an additional service. Which I interpret as , if there is no service in the first place, how can an additional one be made ? If there a statute law reference they could quote to dispute the charge ? Many thanks.
  4. Not sure if anyone can help with this. A long time HA tenant with an assured tenancy who currently enjoys no service charge has just been told by their landlord that from April 2013 they will be introducing a service charge. Would this be classed as a change to the tenants agreement and therefore both party's have to agree, or could provision have been built into the tenancy agreement to introduce such a charge when the landlord felt it was necessary ? Thanks for taking the time to read the post
  5. So in effect if no medical report is provided to the DM from ATOS then the chances of any challange to her DLA is pretty slim . I wasnt to sure if ATOS contacted the GP at the same time they send out the ESA50 form to the claimant. Hence stopping the ESA claim before the GP returned a less than favourable report back to ATOS and the DM.
  6. Many thanks. Would she best just not filling out the ESA form or should she let them know she wont be claiming for ESA. I understand you thoughts on transferring the claim over to her. Her husband is currently going through migration at this moment in time, but he does have a great GP who supplys 10 page reports and will back up any claim.
  7. The concen is by withdrawing the claim, she may set of a DLA review. Hence the debate of just ignoring the ESA migration form and let sleeping dogs lay. Her concens are due to the amount of people having DLA stopped due to ESA applications.
  8. Ok, I doubled checked and the award is Income Support with the disability premium (which they term IB ! ). The reason she's been told there is no point migrating to ESA or continuing with an IB stamp only is becasue she's been a carer for the past two years which I believe pays her stamp. Her concern is how to inform the DWP that she does not wish to transfer from IB to ESA (stamp only) without it looking like she as failed an ESA application - therefore setting of a review of her DLA claim. I hope that makes sense !
  9. This is quite a complex situation and am hoping one of the CAG members who work for the DWP may provide an answer : The husband is the leading claimant on a joint claim in receipt of IS with the disability premium. A few years back his wife was advised to claim IB for NI stamp contributions only. However she is also on HRM DLA. She has just received the IB to ESA migration form, but at the same time has found out that because she is a carer, her stamp is already paid.. The question is : A) Can she ignore the form and leave it at that. B) Write to the DWP and explain she would not benefit from ESA and therefore will not be applying for ESA. ...and in addition would any of the above two actions be viewed as a failed ESA claim causing the DWP DM to look at her DLA award again (this is the main concern) ?
  10. I've already fallen foul of this rule before. But that was for a period of two days for MRC. So it was only a few pounds. This time it’s for 6 days at £107. I have just checked a CA award and after working it out, that was also not paid for odd days. If after an appeal, you get a large sum, then most people won’tcheck (that’s the idea the government work on ). But if your DLA changes, then it becomes very obvious when a letter says one thing and the actual payment is 6 days later. Pounds to claimants, millions to the DWP. More concerning is the amount of so called benefit advisors who work for large organisations, who are not even aware of this!
  11. I've now had it confirmed by the DWP, CAB and a brace of other welfare rights agencys that the claimant does lose payments for odd days. I dont know about CA, IS or any of the other benefits. I know it is the case for DLA.
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