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spitfire1964

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About spitfire1964

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  1. You need to get in writing that if you do not agree to the terms your contract will be terminated. If others are not being affected by change and it is evident that you are being treated different as in the case the young employees not being affected by change as opposed to you, you are being discriminated against. Forget ACAS, however before you can take your case to a Tribunal they have to try and mediate its just a protocol that needs to be followed before you can proceed. Do not accept anything that has been said, ask for the Company to put in writing what they are advocating. The important fact at this stage is your employment rights that you were giving the day after the point you were employed for two years. You have rights as do your employers but don't bow to them ask them to put it in writing give them a period of 14 days and state that if they do not put in writing or document their intentions the verbal threat that they have giving you should be retracted. Tell them and ACAS that you will reserve your right for a Employment Tribunal to adjudge the matter and on the grounds of age discrimination.
  2. I was thrown off ESA ( support Group ) and any subsequent payment's because the DWP imposed their right to stop that benefit and on the same assessment because I failed to keep to the appointment and thrown onto UC and without the benefits I was receiving for being disabled. Today I arrive at the Centre ten minutes before my appointment and I am told I cannot have the assessment because the file has not been sent. In otherwords the DWP have failed to attend or give me the opportunity to take their medical assessment as in theory they and not me have stopped the assessment from going ahead. If they can stop my benefits because an assessment has been missed I want any benefits as a result of this fully reinstated because their actions and like mine denied that assessment from proceeding today. If you are going to rely on rules maybe they need to adopt those same princibles as the rules and any reliance on them are their not only for the DWP but also the Claimant.
  3. UC have indicated that the carers rate would £151.89 per month. However claiming the same benefit and through the Carers allowance would mean that £248 could be claimed per month,obviously that is a difference of £97 per month. Are we obliged or do we have to go through UC in oreder to receive CA, or can we go straight to CA for any benfits for care are concerned,
  4. I am sure OP has indicated that they are currently on ESA and not JSA. And the benefit cap for rent is compulsory regardless of what benefit is being claimed Nystagnite.
  5. I think you may well have to pass the WCA that UC have to be considered for the extra benefits that you would get being in the support group of claiming ESA. So as well as having to wait five weeks for any benefit payment that it takes UC to make a simple claim add on to that about five months before they assess you for any medical benefits that you have been receiving whilst being on ESA. Stay on ESA for as long as you possibly can because it all goes down hill when UC takes over.
  6. Thanks for that Bookworm it is appreciated. The reason UC and service centre have indicated as a reason which seems to be a bit odd is that they are claiming the reason for this is because CA is means tested which CAB says is incorrect and should not be subject to any means test as this payment is an extra payment for the care that my wife needs to give me. All very confusion but I know who I would be rather trust in their advice.
  7. DX, some advice please. From what I am reading with my cases manager who deals with my UC, the impression that she is giving me is that I will be no better off claiming carers allowance as and in her words it would be taking back pound for pound and credited towards the UC that I am currently in receipt off. In otherwords any amount owed or that could be claimed through carers allowance goes straight in towards Uc which would mean that the weekly benefit of £62 would go towards any amount being paid in UC now. It seems very confusion but am I correct or does anyone know how an award for care extra financial support not giving if you are in receipt of UC.
  8. OP has indicated that similar cases have been dealt with by Civil Courts, I am only going by what he has writing. The point that I am trying to establish is that if the OP can demonstrate that others who are guilty of what the DWP have claimed, he can rely on those cases if proven guilty to argue that he has been treated differently. It is my understanding that Judges will look at similar cases as a means of sentencing.
  9. No you do not give the facts in mitigation, you give the facts and the evidence during the proceedings. OP has clearly indicated that he never intended or was predominately motivated in committing an offence and he needs to give those reasons. Mitigating or pleading with a Court comes after a judgment is made, not before. What you are saying is that OP only uses his defence after he is found guilty, don't think so.
  10. Hi mate, how do you now understand that the amount of money involved is below what the DWP would normally process in this way (case law) and have you proof that similar cases have ended with a civil penalty as opposed to an Administrative penalty.
  11. From reading this you have already found OP guilty, some acheivment. As for being blinkered because of my issues with DWP, giving that I have just proved my case against them, blinkers must be working fine. Ignorance may well not be defence, but CIRCUMSTANCES leading upto and the fact that the OP has not got a criminal record, nor attempted to commit a criminal offence BEFORE are all factors that would be considered, IF THEY EVENTUALLY FIND HIM GUILTY.
  12. If OP thinks he has been wronged, of course he has the right to fight his corner. What he has been offered by the DWP is just that, an offer, certainly does not mean that he is guilty because they make him an offer. Let the Courts decide, lets see if the DWP continue with their threats, OP has indicated that he is retired to so worse case scenario if and I mean if the Courts find him guilty, he will have a criminal record, so be it, its not the end of the world, but I don't think they will, if the OP explains his reasons. I am sure the CPS have better things as to consider rather than taking the easy option and prosecuting someone who I believe made a genuine mistake, to say that the DWP have not found him guilty of this, please explain why they are threatening or should I say, would need to involve the CPS?, the CPS only considering people that they feel are guilty, unless the OP has handed himself in or the DWP think that he is guilty?, what option are you taking, because it can only be one of the two.
  13. If you feel that what has been done is wrong, represent yourself in Court and argue your case. You need to see your doctor and how the situation is making your help worse and explain what I believe is a genuine mistake, get it all put on your medical records asap. Going to Court and representing yourself may well make the DWP think twice about prosecuting it gives you more time to prepare your case and you can put your case across. Courts unlike the DWP will probably look at the bigger picture and may consider your motivations and giving the extreme circumstances will be more human and consider the facts as opposed to the DWP finding everyone guilty because their rules have been breached, or not. Don't give in to them matey, fight your corner because if you don't, you will always be thinking if only I took that option.
  14. You will definitely be worse off on UC, everyone is, its designed to work that way. Like it is designed to take 6 weeks for the first payment, meanwhile when all this is going on, your rent as normal is not being paid, you are therefore in debt, and not by choice but how perverse the system is now working, eviction is the next engineered process.
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