**UPDATE** Well that is 18 months since this whole saga began and apart from having my income support stopped i am not one step further forward no detailed statement of reasons yet provided no overpayment calculations given nothing at all........12 recorded delivery letters sent to date asking for details and calculations not one reply. Appeal letter sent 3 months ago to dwp......tribunal service have received nothing from dwp yet. I know dwp have a heavy workload but 18 months ongoing plus no response to 12 recorded delivery letters(40 mile round trip to wheelchair accessible post office) sent in the past 3 months is unbelievable. Sadly due to the past 18 months of the constant limbo with stress and worry etc. my health which is not great in the first case has taken a dramatic dip and i have been sent to the doctor suffering with mild depression and am now receiving treatment for this.....i am slightly embarrased to have let the situation get to me so much as i am pretty strong mentally so i may have to consider throwing in the towel regarding the current fight with the dwp as i don't have the strenghth or determination at the moment stv999

flumps1976, sorry if i sounded abit aggressive, not aimed at you....i welcome any input or ideas....im just cheesed off at the position i am in at the moment after being given duff info at the start and the ridiculous time it takes the dwp to do anything to help the on going situation..as i said all ideas welcome.....especially ones that get the dwp moving stv999

I see where you are coming from.....but just because you receive higher mobility allowance that doesn't need to be used on a car you can spend the money on anything you like.....also you have far less choice of automatics cars on the mobility scheme.....so just because you are (on benefits and also disabled your not allowed to get a loan the same as everybody else can) to buy the car you want....they imply you should use the motability scheme....that doesn't sound a fair argument. stv99

Thought i would give a quick update..... Contacted the local council regarding my housing benefit and council tax....was re-assessed and have heard that i am still entitled to my housing benefit as i don't have capital above the threshold ..good news My problem now is the DWP and there decision to stop my income support because of having capital over the 16,000 threshold.....which i don't. I asked for a written statement of reasons over a month and a half ago......received nothing:???:...then sent two recorded delivery letters asking for decision makers written reasons and points of law that where used.....received nothing:evil: got the CAB to write to them asking for a written statement plus the calculations used to come to this decision....received nothing:mad2: anyone have an idea what my next step should be......welfare rights seemed to think it may take up to a year for a tribunal date.....if i have to wait a year to get any income support i will be a skeleton as always any advice greatly received stv999

i really feel gulity taking up your time leemack but thankyou as i see it the situation from my point of view is i obtained the personal loan in good faith and in my opinion sought out the best information and advice i could get at the time i presumed that the information that i was given was correct and had no cause to despute the facts...they are supposed to be the experts as regards to the notional capital rule... i did not get the loan and start spending the loan to increase the amount of benefit i was getting or to aquire or receieve additional benefits i was not in receipt of at the time or not entitled to the DWP surely have to prove this is not the case with facts before this rule can be used stv

leemack again thank you for your time i can only reiterate that i was acting on the info i was given before taking out the loan and was totally oblivious that i was doing anything wrong....nothing was flagged up or said the whole 5 years that the loan was being paid off.....how i can be guilty of the notional rule when i thought i was doing nothing wrong and had no knowledge that such a rule existed....i did not dispose of money i already had to gain or increase my benefit entitlement...all i have done wrong is follow advice that now seems to have been complete rubbish depending on how quick the appeal process takes deep down i don't think it will come quickly enough to prevent me saving my rented wheelchair house....because the income support plus its other spin off disability extras was such a large part of my income.....i just cant cover my bills and commitments stv

hello, my savings have been below the £6000.00 threshold for the past 2 years stv

again leemack thank you for your advise there was a delay in all the money being used firstly as i was totally oblivious that there was a problem as i had asked for advice before taking out the loan and no time-scales were mentioned.....secondly the constant health problems i was having as regards to producing all the receipts as i was totally unaware that a problem could surface after taking prior advice, not all the receipts are available i am due to see the C.A.B on Monday and fill out a gl24 appeal form one question i would like to ask is....do you know if there is a time restraint on me applying for a new Income Support claim...and will they treat the new claim as having "notional capital".......even though my savings are below the £6000.00 threshold stv

leemack, thank you for your advice.....regarding the deprivation of capital rule, this is interesting as i received no increase in benefits upon getting the loan or after spending some of the loan...so i gained nothing.....surely the whole point of the deprivation of capital rule should only apply if your main reason for disposing of the capital was to increase your entitlement to benefits or increase the amount of that allowance...do the DWP not have to prove beyond doubt that you intended to obtain/increase your benefit. i understand the DWP have a code of practice and rules to follow but after making them fully aware of my situation and disability ….i thought the DWP would be duty bound to explore all avenues before placing me in a situation where I would face any severe hardship as a consequence of there decision, but it seems that the DWP don’t deem that putting a paralysed man in the situation where he could lose his specially adapted home and become homeless along with all independence and dignity a suitable enough hardship. thanks stv

The only paper work i have is the loan agreement from the bank its amount and repayment term All bank statements from receiving the loan until the present day A receipt for the car that was purchased. Thanks

hello everyone, i hope someone can give me some advice with the very worrying problem i have i am a c5 tetraplegic paralyzed from the neck down after a diving accident over 20 years ago i am in receipt of DLA high mobility and care and income support now the problem is i obtained a bank loan in 2005 for help in purchasing a car plus other disability related items....i checked with the DWP, the CAB and the local council before going ahead as i knew the loan would probably take me over the savings threshold..the feedback i got from them was shouldnt be a problem as the money wasnt being used to make more money "ie investments shares etc" the loan was applied for and a car was bought.....during this time i was struck down with pulmonary embolism and the extra money left over from the loan sat in my bank account...i didn't expect this to be a problem as i had checked already with the DWP and council regarding the loan. forward to July 2010 bank loan settled and paid off august 2010 receive letter from DWP stating they think i have/had savings over the threshold...a man from the DWP comes to the house to take a statement from me...i explain the situation and give him written evidence that the money came from a bank loan and copies of my bank statements from when the loan was agreed. when interviewed in august 2010 my savings were below the £6000 threshold and bank statements were provided January 2011, DWP say there not happy with my explanation...looking at case again Aug 2011, receive letter saying my income support has been stopped completely because i have savings over £16000....this is simply not true and have bank statements to prove this! because of this i have a very good chance of loosing my rented specially adapted house as i will not be in receipt of housing benefits and i cant afford to live there when receiving no income support.....i am in the same postion today as i was when interviewed in aug 2010...my savings are still below the £6000 threshold during the past year i was never interviewed under caution...my income support was not suspended or adjusted......no-one has claimed that i have done any wrong doing....no mention of receiving over payments i may have to move in with my elderly parents ....there house is not wheelchair accessible ,has no bathing facilities or access to a toilet ...how can the DWP put me in this position. any advice or help to prevent me loosing my home greatly received stv