konark
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temporary absence of joint claimant trigger migration to UC
konark replied to konark's topic in Benefits and HMRC
Thanks for the replies, I think the Habitual residency thing doesn't come into effect until 3 months absence. Actually I've found out 'joint' claim is not the correct term as the absenting partner has no claimant commitment due to childcare so it's a sort of couples claim. Really boils down to can JSA claims still be altered (couple to single ,single to couple) as long as main claimant stays the same ( in UC full-service areas).Obviously this is a change in circumstances but not all changes in circumstances trigger migration. Nothing I have read says they can't unless one of the couple has a single UC claim -
temporary absence of joint claimant trigger migration to UC
konark replied to konark's topic in Benefits and HMRC
Hi, One child ' CTC claim, no HB Full-service UC area. Length of stay 6 weeks outside EU. Main claimant not traveling. Partner going abroad has no claimant commitment but about once a year has an interview at JC. JC coach doesn't know much about UC , they only deal with JSA. Obviously will be telling JC partner has gone abroad, so joint claim becomes single then on return becomes joint again. Can this still be done or will it trigger migration? -
If a couple have a joint JSA claim and the one who doesn't sign on (i.e not the lead claimant) goes abroad for a few weeks does this trigger migration to UC, either on leaving or returning?
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Scrap prices for cars are currently low, around £25-£45 so you haven't lost that much. The fact that the car had tax is irrelevant, it cannot be transferred with the vehicle and any full months remaining will be refunded to you. The MOT is irrelevant, if it is broken/ damaged and needs expensive repairs it will only be worth scrap price. You haven't lost collateral , the lender has lost their collateral, they cannot now repossess the car so the loan reverts to an unsecured loan. If you default on it they may find it difficult to get repayments through the courts if you have other debts. Because of the loan you were not in a position to sell the car privately or repair it and sell it ., which is yet another reason never to take logbook loans.
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Don't worry the carer's allowance claim hasn't been processed, I claimed just a few days before my relative died and was paid for the time up till death plus 8 weeks. If the claim for carer's allowance was made before your mother passed away then it will still be processed and paid, don't forget that there's a 8 week run-on after a death. A short period in a hospital or hospice will not affect your right to carer's, however after 4 weeks the DLA or Attendance Allowance will stop and the carer will no longer qualify for carer's allowance. From your original post it seems your mother was in hospital/hospice for less than 4 weeks so you should receive carer's from the date you claimed until 8 weeks after the date of death.
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Wind your neck in jonnietemple! I don't know why you got sanctioned and you won't actually say, but if you've got the same attitude at the Job Centre as you have on this forum I'm not surprised you got sanctioned.
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Just keep refusing to sign anything, but stress you're happy to do a placement. They can't send you on a placement without a signature, don't get fobbed off by them saying it's for elf'n'safety, you don't need to sign up to the laws on that anymore than any other laws. If they say its the law , say 'what law?'. The whole CWP is being given the bullet at the end of March so try and resist it for a few months, they do seem keen to get a few on the last courses though. You can always pull a sicky for up to 2 weeks twice a year and don't forget your 2 week holiday entitlement. If you can get a fit note (sick note) off a doctor you can delay it 3 months by which time CWP induction will be over.
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Explain to her that is not a logical deduction. You want work not to be a slave. It's like me saying I'm selling my house, you then say give it me for free, I say no chance, you say 'then you don't really want to sell it do you'. In what universe would anyone infer that!
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If you are being sanctioned it is wise to get down the council offices and inform the LA of your new income after sanctions. This is obviously going to be lower so your entitlemnt to HB and CTR will remain. In some cases a sanction will mean zero income so it does raise the question of how you can pay CouncilTax,( in those areas that make you pay a propotion out of your benefit) when you have no income. You can apply for some temporary relief whilst the sanction is in place but this is discretionary.
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I'm afraid the new collection powers the govt gave to the DWP mean it is accountable to no one and above the laws of the land.
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The intestacy rules are based on blood ties only and if you are dead the legacy automatically passes to your children, not as in your will. So even if OPs parents had left all their estates to the cats' home the OP will still be entitled to the aunt's estate by virtue of his blood ties to her. Your problem is that you have no legal authority to take her money until probate is granted. (I think it's free for small estates.) Unlike an executor , who takes his authority from a valid will, an administrator of a person who has died intestate has no power to act until probate is granted. As it seems certain her estate will be greater than her liabilities you should administer the estate by applying for probate. Any moneys owing should not be paid until then, any creditors who put pressure on you for a quick settlement can be told to wait until the estate is settled. This can take as long as you want it to , but generally less than a year from death.
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Unfairly Sanctioned And Risk Of Losing Property
konark replied to 33crazydude's topic in Benefits and HMRC
Community Work Placement is being axed at the end of March, but will run to October for those forced on it before then . Word is that they're having a bit of a round-up for a last hurrah -
If she had no children of her own then she obviously had siblings. Do you know how many? How many children did they have. If the answer is only you then you will inherit, though as you haven't told us how much is in the accounts yet we don't know if to congratulate you or not. Remember the estate may well have to pay some debts yet, from the HA or if overpaid, from the DWP. You did not have to clear the house but you'd have kicked yourself if there were any valuable assets in the house and you hadn't checked.
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It took them over a year between the interview and the letters! Your problem is that the DWP only have to convince themselves that you are guilty and they can then take the money from existing benefits or even your wage without any need to prove their suspicions in a court of law. As mikeymark2002 has said the agencies datashare to some extent so if you weren't eligible for JSA it may affect Tax Credits and Housing Benefit. A criminal case is very unlikely, the burden of proof is usually too great for the DWP , they'll just be content to take your money! You need to get appealing against the decision and quick- there are time limits. You should collect evidence your ex-partner lived somewhere else during these periods and that the allegations were malicious and untrue.
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V5 will only give name and address of last keeper, they may have moved. If they are 100 miles away the dealer's story begins to look false. Probably picked up from an auction. Like Conniff says these rights 'waivers aren't worth the paper they're written on' you buy from trader you are protected. The car and the dealer are both wrong-uns.
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You need to find out the name of the person who took out the logbook loan, then find out which owner they were. If they were owner 3 and you bought from owner 6 it muddies the waters a bit. Makes you wonder why the company didn't repossess from owners 4 ,5 and 6. Where did the person who sold you the car live? Was his name on the V5. You can sue them for your loss, obviously if they're the type who sells moody motors you might not get much even if you get a court judgement in your favour. HPI don't always pick up on log-book loans.
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Pounds don't just crush cars in 2 days, they have to wait 14 days , in fact they don't crush them at all if they are half-decent and saleable. The flooding in Leeds was after Xmas not in early December. DVLA may counter by saying you should have noticed your DD didn't go through in September, October and November. It's a pity there isn't a system for clearly showing that a vehicle is taxed, a small circular sticker in the windscreen or something.. oh hold on...
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I'd firstly check your aunt's bank account to see if there is any money, many elderly people live frugally but often have a lot of money in the bank, for a rainy day . If there is less than £500 in the account you should be very careful about intermeddling in the estate. Your aunt may have been overpaid benefits, the HA will probably want advance rent for the flat, and the HB will have ended on the week of death. Then there's the cost of clearing and cleaning the flat- nobody will do that for free, you really should give it a once-over to see if anything's of value before inviting anyone in to clear it , cos they wouldn't tell you if the walls were covered in Rembrandts! There could be hundreds of pounds worth of liabilities so if there's no money or assets just walk away, tell the HA not to contact you again in relation to the matter or you will deem it harassment. I know it sounds harsh and cynical but dealing with an insolvent estate is a world of pain, as many creditors will (wrongly) seek to make you personally responsible for debts of the estate. PS You can still arrange and go to the funeral.
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DESPERATE - Can't claim Tax Credits, HB or Income Support!
konark replied to Shaftesbury's topic in HMRC
You do seem to have provided a lot of evidence to HMRC that your husband has not been living with you, they are clearly in denial! Have you raised an appeal/dispute,ask them what evidence they have that he does live there? If you don't get any joy contact your MP. My feeling is that if what you say is true HMRC will eventually relent. The other issue is much more difficult to resolve. You say; '5 flats, I really don't know much about them but I know if we sold them all only one of them would give us money back - about £60,000 worth.' So 4 of them are valueless?Or have zero equity? I'm not so sure. Even a half share of 60 large would put you way over the threshold for means-tested benefits. You really need to crack on with the divorce and get the money your husband owes you, but he appears to be a slippery customer. The sooner this situation goes before a divorce judge the better. -
You say you did o not get any CTC because of an overpayment. They cannot take 100% of the award off you whilst you are unemoloyed, only 10%. Why did they stop your JSA? Did you ask them when you signed on? Did they mention the 35 grand?The council often stop HB and CTR if someone tells them your circumstances have changed, even if this is for the worse. You should have gone and explained what had happened to the council. From what you said the only means-tested benefit you were on when you blew the money was WTC, which is not affected by capital, so I can't see how it was done to increase your benefit claim.
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As I read it you've started full-time work so you possibly don't need these benefits anyway now. Were you in employment when you blew the 35 grand? Were you receiving any means-tested benefits then. If you lost the money before you lost your job and were not claiming benefits then it is debatable whether the deprivation was done to claim more benefits,(because you weren't on any) unless they can prove you knew you were going to lose your job in the future.
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overdone- getting your sister to buy a car for you would probably go 'under the radar' because you'd stay under the threshold, but technically this is still deprivation of capital unless the DWP consider the car to be reasonable spending, which they may do if you ask them, it's been allowed before.. antone- You say 'The real stumbling point, of course, is that a claimant can be treated as having notional capital if that capital would be available on application (see DMG29, 29857)'. A beneficiary of a will cannot take capital 'on application', certainly not during the 'executor's year'; they get their bequest when the executor chooses to give it them and not before. It would be very difficult to prove that any deal had been struck with the executor..When solicitors act as executors they often release an interim payment as assets are sold whilst hanging on to some money in case of surprise creditors or long-lost relatives turning up so staged payments are quite common..
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Mr. P said 'Some will argue that this still counts as Deprivation of Capital, but personally, I'm not convinced.' Sadly the DWP and LA would disagree with you. Morever the point , that has been alluded to earlier, is if the BIL, who is now in receipt of means-tested benefits, did not declare his half of the property he will be landed with a large overpayment bill and possibly worse. If he did declare it he has a year to use the money to buy another house before it becomes capital. With hindsight, if the person who died had wanted her daughter to inherit she should have made a will to that effect..
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Sorry overdone I forgot yours- the money will be counted as capital as soon as it clears in your account I'm afraid.
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I'll respond to your points; mikeymack2002- nothing I am suggesting is illegal so sanctions and criminal records don't enter into it. And if 'Asking members to assist you is not the best thing to do is it?' what is the point of this forum? Nystagmite- your link says nothing to refute my argument, you must declare your capital when you claim, but as long as you remain under £6,000 you don't have to tell them about changes. But its a moot point anyway.If you wish you can send the DWP, or whoever, a daily update of your bank balance because in my plan it will always be under £6,000. antone-You say that 'lawful doesn't enter into it', but what is lawful or not is the whole point of the argument. I agree the £6,000 threshold is an arbitrary figure, but it is the DWP's arbitrary figure so it has effect in law. 'Contriving ' to keep your capital under £6,000 is not an offence any more than 'contriving 'to keep your speed under 30mph whilst passing a speed camera. The bottom line is that if you are paid in 2 instalments you never go over the threshold so you never lose entitlement to means-tested benefits.
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