tomtom256
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Everything posted by tomtom256
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Not really as potentially that opens you up for fraud allegations. Gifts and one of payments of help from friends and family are generally not counted as income, so best bet is to declare it and then argue the toss with a DM if they will not disregard it. My LA has a claimant whose income as such is a gift of £200 per month from family, this is disregarded and they get full HB and CTRS. Not sure how they live on it mind. It's in HB regs somewhere, I will see if I can find it at work later if I remember.
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If its not your property she would have to refuse them access then. I don't get the owe them anything reference though. If your not claiming benefits then the DWP wouldn't visit.
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I am not sure exactly what you would sue them for though? Your ESA was stopped by the DWP and presumably when you won the appeal you were back paid to the date it ceased? Your best bet as others have stated is to make an official compaint to the DWP regarding the decison maker and possibly ATOS regarding whoever did your medical/assessment as presumably one of those is at fault.
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If you want your benefits stopping thats definately the way to go.
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DWP Rules re JSA - Unjust and Simply Unfair
tomtom256 replied to essexmat's topic in Benefits and HMRC
Sorry, i do feel sympathy, but my employer allows four periods of sickness or a total of 10 days sickness in one go before invoking the sickness policy. So if I had 14 days off in one go or 4 single days off sick then I would be interviewed about my absence and possbily let go over it. If/when you ring at 8 am and tell them you won't be in, the policy is to question why and to ask when you will return. Obviously I get SSP so it is different in that respect or sometimes they offer it as flexi and expect it to be worked back within the next month. The reason I asked about recovery time was in case ESA may be a way forward for a few months if likely to be temporarily unfit for work owing to the procedure. -
DWP Rules re JSA - Unjust and Simply Unfair
tomtom256 replied to essexmat's topic in Benefits and HMRC
People who work can only have so many sick days, if any at all with some employers/type of work, so iy's not just a benefits issue. I appreciate that this causes you issues, but the rules are there for everyone. Are you able to work the day after your procedure? What is the recovery time etc as this may also have an affect on your claim to JSA. -
Why is that a problem. It's a situation of their own doing and again it should not be up to anyone else to pay their way for them, unless they are entitled to benefits and claim them correctly.
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Rarely ever random and it's not always to check for illegal activity. They are also there to ensure you are getting the full entitlement of any benefits. You agree to this happeneing when you sign for your benefits, if you do not want or need them, don't sign and agree to this.
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Urban myth, but if not this sort of thing will obviously help come the next visit!
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Yes it would be, however prior to a year ago I presume your partner had an alternative address where she was liable for council tax, bills and had a tenancy agreement? Prior to this last year did she use your address for anything financial? Credit etc?
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When I say play the game, I mean the game of providing what YOU agree to provide if requested at the start of any claim. If you do not want to agree to provide information then do not claim. This goes for whether a person has paid into the system or not. Would you prefer that no checks/verification is conducted and people claim willy nilly regardless of any entitlement? Claiming with the DWP is a game, they try to make it hard by making you jump through loops, if you don't want to jump through them, you have to accept the consequences. As for making appointments, what if they believe you are not resident, have others living with you etc and they make an appointment. All the claimant will do is make sure they are in or alone at the property etc. Have you tried claiming HB or CTRS, council's generally ask for a lot more proof then the DWP.
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Well as previously stated the claimant agrees to provide whatever is required so it's not like they are not made aware that documentation could be requested. It's neither intrusive or Orwellian. If you wants the money, you play the game, unless of course you have something to hide.
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Surely they need to check who you are, that you live were you say you live and that the financial information declared is correct so that any relevant benefit can be paid? If you do not need to claim any help then deny access and do not give the information. However if you are genuine and are in need and entitled to benefits, I cannot see any problem with this. If they were looking at any claimant for fraud etc they can obtain pretty much any information they want on you without your say so, so it's a moot point. Obviously from a DPA aspect I can see the concerns of information being leaked to a third party/different claimant as this does happen, but not all the time.
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You can request a copy, but generally it's only given out if they are prosecuting, however request it in writing and see what they say. You should hopefully get a copy in the appeal bundle if you go ahead with an appeal.
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The appeal will rest on what you stated in your application form with regards to how often you use your wheelchair and crutches. If you have stated that you cannot walk far without the crutches and/or that you are primarily wheelchair bound you are on a sticky wicket. It will all hinge on what wording you used on your application forms. It sounds to me that your circumstances possibly changed and you failed to notify the DWP of this, but only guessing on what has been stated. They have offered an adminstrative penatly as it is under £2k so will not prosecute at this point. What exactly is the charge as laid out in the offer of an administrative penalty? i.e. what is it they are exactly saying you have done?
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Not but if it states on facebook works for "whatever" or "in a relationship with whoever" which is verifiable, then it would make sense for them to report that though and then further evidence can be sought.
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They are meant to tell you the reason why they want to IUC as part of PACE, as you have a right to know so that you can obtain the correct legal advice if needed. It's poor if they haven't given a reason, even if it is just along the lines of "undeclared partner/income/capital etc". When we send letters out we put the psecific reson and if anything else will be discussed. As for Social Security Legislation, investigators can get pretty much anything they want within reason under it and it is not just limited to bank accounts.
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Why is Expendture ignored and Savings only taken into account ?
tomtom256 replied to mikv's topic in Benefits and HMRC
Which could be seen as false accounting and deprivation of capital if this suddenly starts to happen, now that any savings have gone over £6k. As long as you stay under £16k you will be still entitled to some means tested benefits albeit at a reduced rate. Outgoings are never taken into account as it would be unfair as everyones' outgoings are different, hence any benefit is based on income only. Otherwise you could have someone earning £20k a month claiming as all of their wages go on mortgages, household bills etc leaving them with nothing at end of the month. -
Both departments can come to there own decision and each decision is appealable. With living together cases there isn'y always a set date to go with. The LA mau have decided that as you are the landlord once you entered a relationship regardless of whether you lived with her or not that the rent was no longer commercial. Your ex should have a written decision explaining how the LA came to the dates they did and the reason why the cancelled the benefit. The DWP investigator should have given the DWP decison to the LA who then get their decison makers to make a decision. Although some LA's make a decision in their own right without a DWP decision.
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They possibly think you have undeclared capital in the foriegn bank account. Was this foreign account active when you claimed? If it was , did you declare it when you claimed? Depending on your answers there are two more possible offences there, hence the reason they want statements to check that your capital was below the limit. Without bank statements for the overseas account they may nil your claim on probability that you have capital as you have failed to prove otherwise, further increasing any potential overpayment and pushing the case into court. If the account was active, provide the statements, should they create a further overpayment and should you appeal it, the tribunal will see that you have provided what was asked for.
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Why doesn't your husband just sign the house over to you and you just agree he won't pay maintenance? Seeing as he will be paying himsself anwway with the maintenance.
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ESA/HB & Inheritance - what amount needs to be disclosed?
tomtom256 replied to rainbo's topic in Benefits and HMRC
£6k will have an effect and will get a tarrif income, anything over £16k will nil your claim. Any changes need to be reported, so even if you only inherit £2k safest bet is to notify relevant agency. -
Tribunal 'partial victory' placed in WRAG.
tomtom256 replied to Bazooka Boo's topic in Benefits and HMRC
Did you provide further evidence at your tribunal or was the decision based on evidence already held? -
Mystery of missing £400.000 housing benefit payments
tomtom256 replied to 45002's topic in Benefits and HMRC
No surpries the LA's are doing what exactly? Paying the agent who isn't passing the money on? Hardly the LA's fault. -
ESA and Lottery win *** RESOLVED ***
tomtom256 replied to AlwaysSomething's topic in Benefits and HMRC
If you receive any money over £6k which you don't delcare for benefits and get rid of it, not matter how, the DM could decide you still have that money and have only gotten rid of it in order to continue to claim means tested benefits, which they class as deprivation of capital. You are under an obligation to notify them of any changes that happen, however if you are on conttibution based ESA than it will not matter. Maybe open your own topic to discuss?
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