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rachmac83

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  1. It would have to be a substantial disability that would pose a significant risk to the child if left in their care. if that was the case CYPSC could fully fund the place and a CAF would be the best way forward. however i don't think this applies to the OP as they state their OH has been made redundant and is currently caring for the child, i would have thought if disability was an issue they would have mentioned it
  2. Hiya, This is something im quite well versed in being a nursery manager by trade, with 110 families on the books claiming childcare element of WTC. Unfortunatley whilst one parent is at home you are not elegiable for the childcare element as it is not seen as essential they attend as alternative care is available. although your idea is a very good one, and can def help with settling process, but on a professional note i would advise you consider two half days as 7 days is a long time to go before being back at nursery, spreading it out and shorter times in my experience (13yrs)has always worked better for a gentler process. although me and you see as a sensible proactive move HMRC are not known for their logical thinking. Rach.
  3. Hi Just an additional query on this, i have a joint account with Barclays which my husband used to use when employed but now our benefits are paid into my bank account with Halifax as i am the main claimant, however we went overdrawn and started having the reserve charges applied we put extra money in each month but just end in the same situation because of the reserve charges, can we ask to be reimbursed or at least have the future charges stopped even though benefits are not paid into that account? cheers rach
  4. hi delicarik123 i have pretty much the exact same physical disabilities as you so i feel your pain, quite literally!! don't give hope on DLA my first one went to tribunal and they ripped me apart and definitely broke more than a few laws, but at the time it was making so ill i decided my health had to come first so didn't take it further but i re applied in April and was awarded HRM and LRC im appealing for MRC at the moment. i think it has a lot to do with which Atosser you see some are more sympathetic than others, i knew the first one in a professional manor as the gp for my service users when i was working so i knew he was tough, i refused to him again and the next one i saw was much more considerate. i also think it depends if they see you on a good day, because as much as you may explain the variation they always seem to say no variation likely in the report. this time they saw on a bad day so it kind of worked in my favor. have you had a copy of the report, as this will help you structure your appeal. they do recommend an awful lot of aids that they believe you can magic out of thin air which will miraculously fix all care needs, so you need to explain why they are not appropriate for you or the fact that you cant get them. with regards to access to work be very careful with this research it well, they don't like talking to you without your and your employers details and they expect your employer to pay for any reasonable adjustment, so new chair or desk - employer, speech text recognition - employer. once they have done their assessment of what you need your employers is legally bound to provide these things for you, so if you work in small organisation this can cause a lot of friction so consider it and research it carefully, it is a great way to get your employer to get you the small adaptions you may have been asking for, for some time now though! my JCP adviser was told when they inquired for me by one of their officers that "if it doesn't need to be specially built we wont pay for it" even they were disgusted by the way it works. but back to my point DLA is trial and error so keep applying im living proof you can get it for fibro, on the note of supporting evidence can you can a letter from your pain specialist and get them to refer you to the pain management programme it is very worthwhile doing. oh and try to avoid taking pregabalin at all costs it makes your weight balloon!
  5. hello all, i have recently had my DLA assesment and have been very lucky to receive HRM and LRC however i feel i meet the criteria for MRC which is also important to us so that my OH can clam carers allowance as now that he is at home with me we've realised how badly i was managing and how much it was affecting his health trying to work full time and care for me. anyway the DWP's reason for not awarding me it is that with living aids my care needs would be reduced, but some of the aids are not suitable for me or my bed particularly. in addition to this last time dla told me i needed aids i went to the gp for help from the NHS and they literally laughed in my face. ive checked out the requirements for my local SS and seem to be under the threshold for help from them. so although some of recommended aids could help me considerably i seem to have no way of obtaining them without purchasing them myself which is way out of my financial possibilities with esa and dla being our only income. i don't know if its worth appealing and risking what ive already got when they are not really wrong in their idea of aids being helpful but its not realistic i fear at best it may be an effort in futility. so what do you guys think is it worth the risk, and if anyone has any info on getting these aids it would be very much appreciated . thanks guys rach
  6. Hi digby, we have claimed for disability discrimination on the ET1 and it has been accepted by the tribunal, got a letter from ACAS officer introducing themselves today, were hoping for a decent compromise agreement we'd rather not go to tribunal if at all poss but given their previous responses i doubt they will entertain the fact of a comp agreement. it's about time we started looking for a decent solicitor we have been using a free service so far, and although they've been fab they cannot actually represent us, but me thinks a no win no fee will have to be they way forward. cheers for you help digby, its a least a little reassuring to see that others view it the way we do!!!
  7. Hiya Thanks for the advice, although it may all be moot now as hubby wants to move back to Scotland, but that's another story. I rang the mortgage dept and they told me that it is a purely paper exercise, they add the SMI to your benefit then instantly deduct it, so your actual benefit amount wont change. they just only send you a letter saying its been deducted not that's its been awarded and added then deducted. very badly worded letter which im guessing over the years has stressed many other people. But am i surprised NO it is the DWP after all and since when did they do things simply, i felt sorry for the guy i spoke to though he sounded more frustrated about than me, but i guess he must get that phone call allot and is ready to tear his hair out with the computer system. Amianne, im going to ring again this aft to chase up backpay, opinions seem to be divided though, one person says yes your CB esa counts as qualifying time others say it doesn't. i shall let you know what they say.
  8. Ok just to clarify ive been on cb esa for 18months then moved over to ir at the end of march i was told i did not have to serve a waiting period as i was already on esa the reason it has taken so long is jcp were claiming they never got the forms from my lender Ive got 166 from the start before i put in the smi claim as im in the sg so get premiums of 34.05 and 20 something so this has to before any smi i just assumed that my esa wouldnt change as it would be paid directly to the lender Does that make it any easier to understand as im still as confused as ever though thanks for your replies i appriciate it
  9. Hi all Can someone please explain some of the finer details of smi please after three months and as many forms i finally got a letter today saying my ir esa includes money for smi so they will be deducting £66 weekly to pay the bank directly i get the weekly couples amount of 166 roughly I thought smi was additional to your esa i just cant see the point in it why bother doing it at all its pointless extra work why not just let the claimant pay it themselves. Can someone explain it to me is this the way it usually happens im sooo confused cheers rach
  10. ERM i think i should tell you this cos you clearly don't know no form of contraception is 100% try as you might you may fall pregnant then what will YOU do. Just think about what your saying it's insensitive are disabled people who are not capable of full time work not allowed to have children, do you think you have the right to make this claim. oh and another point have you considered religious and cultural implications for example in Catholicism contraception is forbidden, god makes the choice in their eyes, but of course only money matters in your eyes.
  11. Isn't this out and out age discrimination i know the tories are no strangers to discrimination but youd think that by now in this pc mad world those not affected might have picked up on it damn those spin drs im all for the none of the above option oh says its only way hed ever vote as at the mo he thinks he shouldnt be pushed into voting for someone he doesnt believe should be in power personally i think voting has become about choosing the lesser of two evils you have to vote to keep the worst out and not the best in
  12. Hi everyone im on esa in the sg, currently on IR as OH is unemployed, he is thinking of retraining as competition for jobs is so high we don't see one coming his way soon try as we might. the main pathway of training for what he has chosen is an apprenticeship which he can do as an adult, but in his first year will be on apprenticeship wage of 2.60ph, he plans to try to negotiate a part time one so he can continue caring for me. if not most are based on 40 hrs which i fear will wreak havoc with our benefits, are the rules for apprenticeships the same as all other jobs, so as is it over 24 hrs we will loose entitlement to IR so loose CBT and SMI as well. was just wondering if because the wage is low, there are any other options, we could claim WTC but it will still be a drastic reduction in income. any pointers or advice would be much appreciated as always thanks rach
  13. Updating again!! We finally received the appeal outcome and they have upheld their decision, so ET1 has gone in today. what i find unbelievable is that they have not taken the conversation recorded into account at all, they say it is not relevant to the dismissal, not even an apology from them. they said they would look into it separably but who knows what they mean by that, im guessing actually nothing i don't expect to hear from them again i would have thought that a letter of apology from those involved was the very least they could do, just shows what kind of company we are dealing with here. saw the solicitor again who checked over the ET1 and thinks its a good case so that's good at least. will continue to update rach.
  14. Hi All, Not much to update really, the GP report came back very good stating the personal reasons and explicitly claiming the work conditions were a direct factor, so now were just waiting on their response and final decision on the appeal, however the time has crept up to ET final claim date i was wondering if you could please advise me if i need a solicitor to fill the claim form in, would it make a big difference? if so we need to appoint a no win no fee solicitor but we still have hope this can be resolved without an ET anyone got any idea what would happen re charges if we settled, would they just take the fees as arranged for ET. Also whats your opinion on making an unfair dismissal claim and / with disability discrimination on the grounds that they the evidence shows they wernt taking him seriously due to his MH probs and it clearly impacted upon the way they reached their decision, or influenced their decision and reactions to OH. as always any advice is always welcome, we tried to go to the free clinic but circumstances have prevented it and this week it was closed, only found out after a2 hr trip there! cheers rach
  15. Hi All, Is there an email address for complaints for a stage below ceo and chief exec i want to ask them some specific questions and give the 14 days to reply before i go that way. which im sure i will have to because customer services at orange suck!! also best ask if you guys think im right. I rang them in oct to cancel my contract, which ran its course in aug, asked for my PAC but told cant port it to another orange account, so i said fine just cancel it please and gave 1 months notice. i was told i didnt need to give that because my contract had expired they could cancel it immediately but i said no 1 month will be fine. so a month passed but my account remained active, so i rang they said it was an error on their part they would rectify it and to wait for the bill. it finally came in early jan, and i had been charged line rental until Jan 2012 so i rang and complained said someone would get back so i wrote and got no response so wrote again nothing. Feb came and a collections agency started writing so i wrote to the and told them to get in touch with orange, wrote to orange again this time basically doing the bill for them making it clear once i got a correct bill ill pay up. collection company writes back saying orange say its correct because i didnt use the PAC code so my account remained active so they will be sending people to the house. so i am asking them: 1. Why my cancellation by telephone on the 19th October is not acceptable. I made it clear that I was cancelling my contract and providing one months’ notice. I was advised that I did not need to give that much notice and could cancel from that day, however I wished to give one months’ notice. I asked if you needed written confirmation to which I was told no. The PAC code was sent par course as I was told I could not use it to port my number to a different orange account so it was no use to me, which again I made clear. 2. If you claim this is not how the contract ended then how did it end? 3. why is cancelling by phone call is acceptable in one instance but not the other? 4. I contacted you in November when you accepted that it was a failure on your part that the contract had not been cancelled, therefore the final date of the 16th November still stands does it not, why then have you applied charges right up to January 2012? so opinions please, can post whole letter if needed but thought its a little long. thanks all Rach
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