Sparkles1
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Everything posted by Sparkles1
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That makes sense now. Anyone receiving the brutal and heartless treatment dished out by governments and local authority employees needs some kindness and compassion. I will look elsewhere for kindness and compassion, and some expertise on how to resolve the nightmare I am facing. There are I am sure those who are not ex-gov't employees who are just as knowledgeable, without being unkind. Let's hope so. Goodbye.
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45002 your comment is the last straw. What is your problem? I have seen you being antagonistic towards other posters. Perhaps you work for the DWP or Atos, or you are just here to inflict more suffering on others. I won't come back to this site again.
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Thanks to both of you. I did post up a thread a while ago and Margaret (Starryeyes) kindly responded to it but not with much hope. It was to do with non-attendance of WCA (long and convoluted story). The current situation is that I have a few pounds left and soon wont be able to get to the food bank. I live alone and am unwell.
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Thanks Honeybee, I appreciate your help. I didn't realise it was a quite section. No doubt it will very soon become very busy, with all the penalties being imposed upon people.
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I have a sanction imposed on me by DWP. I have only a few pounds left and live alone, and am unwell. I will soon not even have enough money to get to the food bank. PLEASE HELP.
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I have no money. I will soon starve to death. Does anyone care?
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Thank you BRRY for posting this. I for one think it will be very helpful.
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I have had a sanction imposed on me. I live alone and have no money. Is my only option to starve to death? I will soon not have enough money to get to a food bank.
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First you must establish whether or not this is an overpayment. From what you have said, the judge disputed this, and it is essential to discover whether or not this is actually owing. Most importantly, you must establish if it is the fault of the DWP (HIGHLY LIKELY) and if so, this is an Official Error and hence not recoverable. I suggest googline Official Error and doing research into this. I have won a case on this basis. Make no arrangements for repayments unless it is definitely repayable. As Invalidation said, put the account on hold while it is in dispute. If I can help further, please ask.
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WTC's and demanding overpayment be paid.
Sparkles1 replied to bedofweeds's topic in Benefits and HMRC
It's your lucky day! From what you have said and been told, this is an Official Error, as confirmed on the phone to you. Official Errors are not recoverable. I have won a case on this and will help if I can. The best way of disputing this is by providing them with the written evidence. -
Thank you. Any help would be appreciated. There are so many of us fighting this nightmare.. I don't think I mentioned the Suspension & Termination guides. They state that a decision must take into account whether it will caused hardship. These surely must apply. I know for certain that the Social Security Administration Act applies, and I feel sure there must be a way of enforcing this Act. The DWP cannot simply keep ignoring all these laws.
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I didn't mean this to be aimed at posters on here (which it might look like). I was referring to people in your vicinity who may be offering assistance. It can get confusing (at least it does for me!) Anyhow, if you do have to make an appeal do it soon. I have just discovered that in October something called Clause 99 will be coming in, and from what I gather, no money will be paid during appeal time. Very scary.
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Following on from my last post, I have just discovered that the DWP must pay you during the appeal stage. I have requested this in my letters but have heard nothing. For anyone whose money has been stopped, get appealling and request the assessment rate NOW because all this is changing in October with the introduction of Clause 99.
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I have had it confirmed that anyone appealing a decision IS entitled to payment. It has taken me a long, long time to track down this information. My question is, how do I force the DWP to pay this money? I have already stated that I want to be paid at the assessment rate but have heard nothing. Does this count as maladministration and malpractice? I have also discovered that in October this all changes, with the implementation of Clause 99. So everyone who has been sanctioned, get writing and demanding they pay you the assessment rate.
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It cannot be that all money is stopped and I am left to starve. I believe I can prove I am right about the form and get the benefits reinstated. However, in the meantime I have nothing to live on and I live by myself, and I have no savings. I believe I have a strong case against the DWP as I am in a very vulnerable situation. They have not offered any help or suggestions as to finding finance. I am contacting my MP because I am not going to be yet another of their statistics. They are breaking so many laws and there must be someone who will stop this.
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I have just posted a few additions to my other post in MachoShirt's thread. s13A of the Local Government Finance Act 1992, the Local Government Act 1888 and the NI Act (which provides for living expenses, housing and healthcare) must be relevant here as they (at least the first two Acts) say that money cannot be deducted. If there is anyone on the site with legal knowledge, could they please clarify the position, thanks in advance.
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I have just found out that the Local Government Act 1888 states that money cannot be taken away. Another one is the Local Government Finance Act 1992 s13A also says the same. Something else that must be relevant is the National Insurance Act which provides for living expenses, housing and health care. I feel sure that at least some of these, as well as the Act mentioned in my last post MUST apply. I only wish there was someone with legal knowledge who might be able to clarify the position. Here's hoping.
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Thanks Margaret. I will look further into the suspension and termination guides and see whether they can be used. It seems to make sense that they would apply. I have also been told that the Social Security Administration Act prohibits sanctions taking place, and prohibits money being transferred to another party. I am really sure they are acting illegally by applying sanctions, particularly in a case like mine where I am suffering immense hardship. I think I can fight them on the BF233 form (is that the right name? sorry!) as they provided insufficient time for me to get it back to them. Also their letter informing me my money had stopped was dated the SAME date as I was required to return it.
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Thanks for posting the details of your friend. It has some similarities to my situation, and it may help me, so thanks again. I have been told that the Social Security Administration Act states that no money can be deducted or passed onto another party. I am looking into this more, as I believe sanctions are not legal.
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Billy, it is your life and you have to decide what is best FOR YOU. Don't be pushed or pulled either way (very easy to say, I know). Do what YOU KNOW in your heart is right FOR YOU, never mind what anyone else says.
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Thanks for your replies. Do you know if the Suspension and Termination Guides are adhered to? They state that the DWP must consider whether placing a sanction on someone would cause hardship. I have explained in my extensive correspondence that I am unwell and live on my own. There surely must be something that can be done, otherwise people in my position will literally starve.... or maybe that is their plan.
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Does anyone know the current situation regarding getting some form of benefits when you have been sanctioned. I have not been on JSA. I have no income and am panicking and cannot sleep at night. Please help as I know I am by no means the only one suffering in this way. Thanks.
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Hello billym, I am in a very similar position to you and have posted my short story on Hardship and Vulnerable forum. I will post again if I find something that might help either of us. This is outrageous to treat people like this. Please stay strong.
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I should be in the support group and will fight for that. I cannot believe I am expected to live on nothing. I live on my own and soon will have no money to get to the foodbank. This is crazy. If I put in a new claim that will take at least 2 months. They clearly want to kill me off and will achieve that, either by starvation, or stress.
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Tribunal Win for DLA but DWP Refuse To Pay
Sparkles1 replied to scotsbabe's topic in Special needs, Disability etc
charliesgranny, do you know which Fightback is the right one for these types of problems please? I have googled it but there are masses of different ones, and I can't work out how to find the one applicable to DWP/Tribunals etc.
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