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Everything posted by abc123def

  1. Going back to the beans, yes they can sanction you for refusing the same beans as many times as they like - unless you are allergic to the beans and can't eat them, which is what you are saying. So they seem to not be accepting that the CWP is not suitable for your partner and seem to be ignoring her needs or thinking her JCP agreement is not relevant. That is the issue and what you are appealing and taking to Tribunal if necessary.
  2. As a side issue, unless your Uni course is postgraduate and you have depleted your availability of student finance, all of your student finance will be taken into account when assessing how much you will receive from ESA. They take into account any student loans/bursaries/grants you are entitled to claim even if you don't claim them. So far I have yet to meet a student with disabilities who although is entitled to continue claiming ESA while they study, actually receives any because of this as their student income is too high. Sorry that didn't answer your question, but thought I would mention in case it is something you are unaware of. Not only does my dd no longer receive ESA, but no longer receives HB because of her student loans/bursaries etc., so effectively she is getting in debt to pay her rent. She doesn't count for CT though as a full time student. Also if you will be in receipt of student finance it covers the period from September 1st to end of June each year, so note that you need to inform the DWP of that income for that period. So student finance covers dates before your course starts though you won't receive payment until after if that makes sense.
  3. marcus, if you are still in constant pain do see your GP about changing your analgesics or adding in new ones. eta it sounds like your assessment went well, well done.
  4. Just to update this, the LL has given the buggy owner notice to quit so this will be resolved shortly. Hopefully that will solve that problem. Thank you for your advice.
  5. Estellyn, don't go. You are so helpful and knowledgeable here. I think this thread has completely gone down the pan and needs closing really, it is not serving any purpose on this board especially the way it has gone.
  6. mikeymack you have responded to a thread that was last posted on over two months ago. I would think the interview has happened by now. M.lawson, how did it go?
  7. If they are on a rolling contract I am fairly sure (someone will confirm) that the agent/LL needs to give them 2 months notice to leave. It is the tenant that can give 1 month notice to leave. I would think an agent ought to know that?! Certainly that's been the case with all my tenancies that went on to rolling contracts. Much as that was not at all nice to receive that email, what rights do you feel have been broken? If they are from Gypsy/Traveller families then they are protected as a Race and those comments could be deemed to be Racial hatred and a crime might have been commited. However I doubt the police would take action apart from warning them and keeping it on file, and if they are not from G&T culture then they couldn't pursue that anyway. Personally I would give that agency a wide birth in the future, it is totally unprofessional. I would embarrass them too by going in to the office in person with a copy of it. Might make sure there were other prospective tenants in there when I did so too!
  8. I'm wondering if the allocations policy might be because the LA hold the waiting list for properties, whether they be HA or LA properties, hence why the HA say they don't allow people to move properties? Certainly in my area the LA hold the property waiting list and allocate all properties whether they be HA or LA owned and managed. If that's the case, then the HA can indeed do nothing and it's a case of waiting your turn on the list the LA holds or finding someone to exchange with. Given the propblems you have with your property condition I would say the latter is unlikely unless the property you exchange with has similar or other problems. To answer the other question, no you cannot force them to rehouse you because you are overcrowded. I know of several families in far more overcrowded condtions than yourself at present. That said, I hope your turn comes up soon. Then when your current property is vacant the HA will have to do the repairs ready for the new tenant.
  9. The contribution they would be expected to contribute would vary depending on their income. If their income is very low then their expected contribution would be too. They are just expected to contribute.
  10. plleeeease tell me if that's the case the JCP have enough savvy to have suggested that
  11. I don't agree about the age limit, many 62 year olds want to and are willing and able to be working and want help to be able to do so. In your post you say that the ATOS medical found you unfit for work presently and have awarded you ESA and placed you in the WRAG group. This means that you don't need to be working at present. I'd be interested to hear whether the JCP advisor felt that you fit any of the descriptors to be placed in the support group or whether they couldn't be bothered with the time and paperwork of spending time with you. I suspect the latter.
  12. You are responsible for the rent. Entirely, if it is your tenancy and in your name only. That's the case for everyone. You are entitled to HB towards the rent depending on the income of the household, so if you were the only occupant only your income would be assessed but if others live there too then theirs would be included as non dependant adults but all that is by the by, the person who is responsible for the rent is the person on the tenancy agreement. If that is solely you, then that is solely you.
  13. As the Aunty went and signed the probate forms I expect legally she will be deemed as having accepted the role. Lincs, how long was your Mum in hospital for? She was entitled to DLA for the first 28 days of her stay, any DLA received after that would be an overpayment. DLA is paid in arrears. I read elsewhere that legally the executor is responsible and would need to pay back the money. They could then pursue you for the money through the small claims court. If that is the case then legally the DWP should be pursuing her. Morally of course things are different.
  14. Could you reduce your working hours by one hour? That way you would receive the 3 school meals?
  15. Thanks, that's all really helpful. I will pass this info on. Previously she did talk to the fire brigade and she handed her keys through her window to them so they could let themselves in. She is no longer mobile enough to do that. They saw buggy and spoke to the landlord and the tenant owner of the buggy and for a while the buggy was kept there folded. But now it is almost always left up and when the fire brigade called again, they rang the buggy owner tenant's doorbell to get access to the building and she folded it on the way to answering the door. Mariner, I think your suggestions re notice and then removal of the obstruction is a viable one the LL should take. But wrt the extra key, sure her disabilities mean that she should be allowed the extra key where other tenants aren't?
  16. Asking a couple of questions on behalf of a friend. She is disabled and rents a privately owned studio flat in a block owned by a private landlord. She has been on the waiting list with maximum points due to her disability for social housing for years but nothing suitable for her disabilities has come up and there are no other private rental properties suitable under the LHA where she lives. Currently she has two main problems. One is a current tenant in the block leaves her pushchair up in the downstairs hallway and refuses to fold it down. My friend is unable to get by it due to her disabilities and is unable to move it, this means she is trapped in her flat and can't get to the main door to the building to let people in when they call for her (her carer or friend for example) When asked to fold up the buggy the owner just says that having a child is a disability and refuses to do so. The property owner has written several letters to the buggy owner asking her to fold it up to no avail and the property owner says that is all he can do. On occasion this has left my friend unable to get out to collect medication and buy food. Secondly, when unwell or blocked in by pushchair she cannot get out of her flat to the main door of the building to let people in who are coming to help her. This is because the type of key to the main entrance is one that a key cutter is not allowed to copy without the owners permission. The owner says that his phone number is on the outside of the property and any carer can phone him and he would come over and let people in so has refused to give this permission for the key cutting but my friend needs regular support at all hours and it would be so much easier for there to be a second key to the main door so help could be available at all times. Does she have a right under the Equality Act to gain permission for a second key to be cut due to her disability, or does the property owner have a right to decline her request? This is the main question she has at the moment because if trapped in by the buggy, someone could pop round and move it for her so she could leave the building. Thank you for your advice in advance.
  17. You can make arrangements to pay it back. Given you already have a payment plan with step change, contact them and ask them to adjust down the amount you pay Argos (that is not a priority debt) and set an amount that you can pay back to the DWP. If you are keeping to a stringent income and expenditure plan set up by the CAB or step change then the authotiries are far more likely to accept it. If they went to court for the money, they wouldn't get any more from you than you can pay iyswim. The pressure will be on far more with the DWP though rather than Argos, is there anyone you could borrow the money from and pay them back instead to reduce the stress? Your Aunty? Utlinately, talk about it with step change. This is a very common problem, people not realising that the deceased has been overpayed benefits when they die and they do need to be paid back. If you look at advice plans of dealing with a deceased's estate online you will invariably see on the list checking this, but when you've lost someone so close to you it's difficult to think through the grief.
  18. If it is the carers home ie they have no other residence that is their main residence (where they reside on their days off and holidays, where they receive their mail, pay bills and council tax) then they are counted as living in the property as their main home.
  19. I can't really see what you are asking? It seems that you have failed to inform the HMRC of the fact that your son was no longer in full time education for the last year and so you may have created an overpayment of your CTC over the year. Once you send in proof and they confirm that the apprenticeship does not count wrt CTC they will inform you of how much you owe them and you can arrange repayment. There are a small number of apprenticeships that do meet their criteria, so ultimately the HMRC will let you know whether or not you have been entitled to the payments.
  20. Marco, another thing not in your favour is that you failed to notify the DWP of the change of circumstances a year ago when you claim cohabitation began and continued claiming as if single which is evidence of dishonesty. That won't go in your favour with the rest of the story. Personally I think the DWP would take this to court if you denied the 4 years or refused to repay the money as they would have significant evidence in their case but that's my personal opinion and it will be up to a decision maker.
  21. Personally I think having their income paid in regularly into your sole account is enough to provide a financial connection for the whole period. As above with tomtom, did their bills for rent/utilities/counciltax etc for where they were living also go out of your account?
  22. Sounds suspect to me, not asking security questions. I wouldn't be sure this was the real deal at all.
  23. Why was your ESA stopped? You should be on assessment rate until the date of your Tribunal? (Once the DWP have taken it to reconsideration) Is this income related ESA you are claiming or contribution based? If you win the time varies hugely as to how long it takes for the money to be back paid. Average time 3-4 weeks I would say. As to the last paragraph of your post, proving inaccuracies in the ATOS report in itself won't guarantee you will be successful at Tribunal. What you need to do is satisfy the panel that you meet the necessary criteria to receive ESA. Do you know which descriptors you feel you meet and do you have evidence of this? That is what is important. All the best with it.
  24. I did read this actonjon but you didn't seem to be asking any questions. What is it you would like to know?
  25. I would return his mail to sender straight away. As it is the only thing I can think of as being a reason for a financial connection you can always honestly say that you assume that the fact that some of his mail still gets sent to your address as being the only possible reason for the IUC so you decided to return it all to sender and that you think perhaps you should have done that sooner but hadn't realised it might cause problems for your claim. Just tell the truth really.
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