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installspark

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About installspark

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  1. In my opinion the overpayment is unrecoverable due to the time taken to process the change of circumstances; had the council done this within the statutory 14 days there would have been little, if any, overpayment. The council had the opportunity to suspend the claim whilst they processed the change and yet they chose not to. As you have now received the final reply from the council's chief executive you are now able to take this matter to the Local Government Ombudsman who will make the final decision. Details of how to make a complaint to the Ombudsman can be found here Do no
  2. :D:D Would loved to have seen that and her reaction!!!!
  3. Apply for ESA by phone on 0800 055 6688 you can request that the claim is backdated to the date you became incapacitated (up to a maximum of 3 months) otherwise the claim will be paid 3 waiting days after the date of claim. The call to make the claim will take between 40 mins and 1 hour. Within a few days you'll receive the Customer Statement to check and this will also inform you what evidence is required - this is usually the sicknote, details of self employment accounts, verification of savings held above £5500, verification of any occupational pension or personal health insurance i
  4. The simple answer for contribution conditions ;) To get a contribution based benefit you need to satisfy the contribution conditions in the Relevant Income Tax Years (RITY) The first contribution condition. In order to qualify for contribution based JSA you must have: actually paid Class 1 contributions in one of the three last complete tax years on earnings of 25 times the lower earnings limit for that particular year; or 25 Class 2 contributions in any of the three last complete tax years; or a mixture of Class 1 and Class 2 totalling 25 in any of the three
  5. For all income based benefits that is correct, capital and savings held between £6000 and £16000 will result in a reduction of benefit of £1 for every £250 (£500 for ESA) held above £6000. Any capital and savings held above £16000 will zero any income based benefit payable. Certain types of capital can be disregarded for a period of up 104 weeks with some disregarded indefinitely; one of these being payment for personal injury. However to be disregarded indefinitely this payment must be held on trust and any payment made from the trust is treated as income from capital. The income from
  6. You could also make a claim for Employment and Support Allowance whilst the IB is in appeal. This is instead of JSA. When you make the claim, if it is within 8 weeks of the IB claim it will initially be linked back to IB and the claim sent to IB to see if they can pay. As IB is in appeal, they will send the claim back to ESA to process into payment.
  7. Just to add to Erika's great advice, whilst your wife's claim is in appeal there is still the requirement to send up to date sick notes from your GP in order to keep the claim in payment, this is paid at the same amount as your wife currently receives. Also when you send the appeal in, if possible, include any supporting evidence which you may have or be able to obtain such as a letter from the GP and/or consultant. Following the WCA decision a letter will have been sent to your wife's GP to inform them of the outcome, this is where a lot of confusion can arise, the letter to the GP stat
  8. Your dad can claim either Employment and Support Allowance or Pension Credits. ESA would be payable up to the age of 65 and there is the requirement to attend medicals and work focused interviews. ESA can either be claimed based upon NI contributions alone, based on income or income alone. Pension Credit is based on income. Given your father's age it may be best to claim Pension Credit. I wish him a full recovery.
  9. You should be able to get a reasonably accurate indication as to how much HB/CTB you may receive by using the benefit calculator on your council's website. If your council does not have this on their website then you can use this. You will need to know the amount of the Local Hosing Allowance payable for the property type for your needs (not the actual property size), this information can be obtained from here As soon as you get your Child Benefit number claim both Child and Working Tax credits.
  10. Whilst you do not state whether your friend is in receipt of JSA(IB), IS or ESA(IR), the rules are the same for all these benefits in relation to housing costs. Mortgage interest will only be paid on the relevant eligible loan amount. The DMs(Decision Makers) have to follow the rules and regulations governing this and follow the guidance which can be found here: Decision Makers Guide Volume 4 Jobseekers Allowance and Income Support Chapter 23 - Normal Amount Payable The relevant section is Housing Costs for JSA(IB) and IS 23400 et seq
  11. It all adds up in your favour when ultimately it gotes to the LGO, you might want generous enough to buy them a bigger shovel :lol::lol:
  12. Just make sure you tell the council that it is both a formal complaint and appeal. It would also support your case if you directly quoted the relevant Housing Benefit regulations in your letter as then there can be no grounds for misinterpretation. Most councils, from experience, do not fully understand the regulations and how they are to be interpreted as they are statute law. If you need any help in drafting your letter we will help.
  13. What a load of balderdash and piffle!!!!!!! (or words to that effect ) Where shall I start in ripping the council's reply to shreds???? Official error is non recoverable under the Housing Benefit Regulations 2006 Recoverable overpayments 100 - (1) Any overpayment, except one to which paragraph (2) applies, shall be recoverable. (2) Subject to paragraph (4) this paragraph applies to an overpayment caused by an official error where the claimant or a person acting on his behalf or any other person to whom the payment is made could not, at the time of receipt of the paymen
  14. Sort answer.. Yes. To get a contribution based benefit you need to satisfy the contribution conditions in the Relevant Income Tax Year (RITY) The first contribution condition. In order to qualify for contribution based JSA you must have: actually paid Class 1 contributions in one of the three last complete tax years on earnings of 25 times the lower earnings limit for that particular year; or 25 Class 2 contributions in any of the three last complete tax years; or a mixture of Class 1 and Class 2 totalling 25 in any of the three last complete tax years.
  15. You can apply for HB now and be assessed on your current income and, if awarded HB, notify your council once you become unemployed; or you can wait until you are made redundant and then apply making sure you ticj the box about waiting to hear about a benefit claim. Councils have a maximum of 14 days (calendar not working) to make a decision on a HB claim from when all relevant documentation is supplied, this is prescribed in the regulations, after which the council must make a payment on account without the need for you to request this. From experience, many benefit officers at councils
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