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thegingerone

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About thegingerone

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  1. They will raise the overpayment and send him an Org 7 letter this will give the full details of the overpayment period and rates. He will not receive a civil penalty as its pre September 2012. He has a month to ask for a review, whilst this is going on the debt can not be recovered, this may take a while as there is a backlog.. If the original decision is not changed then he will get a letter telling him the SDM then will automatically send it for an appeal. Again the deduction can not be taken until this has been heard. If he loses this then the debt is referred and deduction can commence. Maximum deduction rates for recovery of over payments (not /JSA©/ESA©) ordinary over payments are £10.95
  2. If the person caring for you was claiming Carers Allowance then ESA will not pay the S.D.P until the Carers Allowance has ceased.
  3. They can not get the OP back in one go, when your ESA is awarded they will probably take a small amount each week out from it, but debt at Glasgow will write to you about this before they take out repayment. I dont know if you will go back in the support group there are linking rule but they are complex. There is a 104 week linking rule.
  4. You are not in in trouble, you are correct, you can have 6k without it effecting your benefit. you say you have 3k left. looking at the things you have listed as spent, things look ok, , but a SDM could look at this and decide you have given your sons 3k each, then, they may ask why? if they think it was reasonable to give them this money then fine, they will then say you have 3k capital on your claim so no effect to your ESA but if they think, why did you give your sons this money? and then make a decision, maybe you shouldn't have give it to them for whatever reason, then may they make the decision in effect you still have it. this means they can assume it, thus making your capital 9k, £6 assumed £3k real. I am not saying they will but it is a possibility. Did you owe your sons money? if you did and then paid them back, and they can vouch for this, eg a written statement then this may end in a different outcome
  5. £38 or are the rules different for PC ?? £1 per £250 am no expert
  6. These arrears can be disregarded for fifty two weeks, so best spend some of them
  7. the 3k to each child may be looked at, most of the other items seem reasonable....
  8. How would you be able to get a mortgage on benefit? a buy to let mortgage is almost impossible to get for most people, and what about the deposit for the property, where would you get this from?
  9. how can she claim benefits when she retires with 70 k in the bank? not adding up at all even if its in your friends account it belongs to her and its very strange he hasnt had to pay tax on this money it would flag up at HMRC. that in turn would trigger something up at the receivers office maybe careful I would say
  10. Does the mother care for her son at all? if she does care at least 35hrs and this can include cooking etc, then whats stopping her claiming CA. It would not get awarded because of the pension but she would get the carers premium if she is on pension credit This extra money would make up some of the household shortfall of not being entitled to the SDP may be worth thinking about
  11. For claimants or their partners who move into work or undertake programmes, there is a 52 week linking period where they were receiving payment of eligible mortgage interest when they left benefit to move into work or a prescribed government scheme. In such cases the claimant is treated as having been in continuous receipt of benefit and receives housing costs from day one of any linked repeat claim. but 3.5 Two year limit for JSA claimants From 5 January 2009 receipt of SMI has been limited to two years for Jobseeker’s Allowance (JSA) claimants. I dont think you will be entitled to help with the mortgage on the new claim but when you make the claim declare the mortgage and see what happens
  12. If the patient is over 16 both the care and mobility components are suspended from the payday following the 28th day in a Health Service hospital. If the disabled person is admitted into hospital for a short period Carer's Allowance will remain in payment for the same period that Disability Living Allowance care component is in payment, as long if the person you care for receives treatment as an in-patient in a hospital or similar institution - your Carer's Allowance can be paid for up to 12 weeks in any 26 week period - however, your Carer's Allowance will stop if the person's Disability Living Allowance, Constant Attendance Allowance or Attendance Allowance stops (for adults this is normally after they have been in hospital for four weeks) so if your daughter in law is in for over twenty eight days then your CA will cease.
  13. You are correct you cant make a claim for IB now but if you have IB or SDA live claim then that is condition of entitlement for I.S So Yes its still available, if shes not on I.S she needs to ring the contact center and make the claims on the grounds of the SDA. If the SDA is still live in payment then she will have no problem. Although she will eventually go over to ESA
  14. Yes there is and JSA IB, but the OP states that her friend is on SDA thats a type of I.B, Severe Disablement Allowance, she would need to claim I.S to go along side it to get SDP and the DP
  15. If the OPs friend is in receipt of SDA she can still make a claim to Income Support, if she is not already in receipt of it. If not in receipt of I.S she can ask for backdating of I.S when making the claim usually up to three months, but it may be looked at for a longer period She has to meet the criteria for claiming I.S eg capital under 16k. Then the DP and SDP premium can be awarded. The DP automatically SDP if entitled, and it sounds like she may be entitled. If backdating is awarded the SDP would be paid as well
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