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Found 9 results

  1. Hello I am in receipt of CB ESA with the support component having been migrated from Incapacity Benefit several years ago. I also receive DLA High Rate Mobility and High Rate Care. I had no entitlement to Income Related benefits as partner was in full time employment. New scenario - Partner has to leave employment due to chronic lung condition. We ask at Jobcentre how and who should claim. Were told partner should make separate claim for ESA which he did. Was placed in support group without a medical. When he asked for housing costs (SMI) to be included, these were added from 13th week, (this was waiting period at the time). My question is - When I advised DWP of the change of circumstances (partner leaving employment), should this have prompted a supersession exercise to establish potential entitlement to Income Related ESA, and the issue of form ESA3 ? If my claim had been made into the joint claim would SMI have been payable straight away or would I be subject to the waiting period. In addition to housing costs, several premiums would also be included in the applicable amount. I have raised this query with DWP and have a letter that says if I had made the claim for Income Based ESA, I would still have had to serve the 13 week qualifying period. Having looked online the information I have found suggests this is incorrect. Any thoughts on this would be gratefully received. Thank you.
  2. Hi for the past year I have been putting money into a basic account of mine, no overdraft facility allowed. Money was put aside for a holiday and friends weddings this year. I didn't know the exact amount in there but I knew it was a fair amount. I made a few card transactions online, buying wedding presents etc, Few days later checked my online account to see my available balance. Noted it was £410, I therefore decided to pay off the rest of my holiday for £350. Few days later go online again and to my shock my account is £275 overdrawn!!! I have a basic bank account, so no overdraft allowed. How can I go overdrawn when my available balance was £410!? From what it seems transactions made online were clearly not deducted from my available balance (this has never happened before), which obviously led me to believe I had money to spend!! I know people will say that I should have kept better track of my money... But my available balance has always reflected my pending transactions so I really am confused!!! I'm not in a position to pay this back in full... What on earth can I do?? I've never experienced anything like this before Anyone else had similar???
  3. I have read several similar cases on the forum, such as speranza's in April 15; but it is sometimes down to how the question is asked and by who, so any valuable comments are much appreciated. In short, I was caught by TFL inspector at tube station attempting to travel on London Underground without having a previously paid fare of £4 in Aug 2012, which was a silly mistake really. I plead guilty and apologised sincerely for it in court and was given a conditional discharge for the offence, stating that as long as i do not commit an offence during the next 12 months from the date of the order (Feb 2013,) then I will not be punished. By definition, a conditional discharge is a sentence that diminishes the finding of guilt in which the offender receives no punishment provided that, in a period set by the court (not more than three years), no further offence is committed. If an offence is committed in that time, then the offender may also be resentenced for the offence for which a conditional discharge was given. Under criminal law, a conditional discharge does not constitute a conviction unless the individual breaches the discharge and is resentenced. And under 322(1C)(iv) you will be rejected if you had, within the 24 months prior to the date on which the application is decided, been convicted of or admitted an offence for which they have received a non-custodial sentence or other out of court disposal that is recorded on their criminal record 1. I will declare this in my ILR application as; a. Given it is a spent conditional discharge, so even though I am not convicted this offence, but still admitted. b. Given the court order was issued in Feb 2013, 322(1C)(iv) will not apply to my application in Jun 2015. 2. I am also asked "Have you ever been convicted of a criminal offence, including spent convictions or cautioned by the police?" on my application as a registered traveller (by UK Border Force.) Am I right to answer "No." Thanks in advance for all the help in advance.
  4. Hi I have been claiming JSA since September, but I have yet to receive any payments due to various reasons that DWP have been making up along the way. Let's not get into that now though. I received a phone call from them this morning. They want me to provide them with a full disclosure of everything that I have spent money on in the last six months so that they can see how my money is spent. Do I need to provide them with this information?
  5. :!:Hi all, Just wondering what options my sister has. She need to pay rent on the 01/01/2015 but she spent too much on Christmas and has no more saving. She is thinking of paying late or a payday loan. She needs to pay £375 What would be best for her to do? Thanks Andrew
  6. Hi Can I get taken to court over the same debt twice? Have several debts, 2 with CCJ's but 6 years old early next year, paid monthly agreed amount but still balance will remain outstanding. With regard other debts, again 6 years and older, they have now dropped off my credit report and all bar one have been sold to collection agencies... .can they make defaulted again or take me to court to obtain CCJ? I paid monthly a small amount but have stopped since dropping off credit report. Cheers in advance.
  7. Hi, I hope there's a legal eagle or two about that can clarify something for me. I was convicted of an offence at Magistrates court in 2010 and given a fine to pay. At that time the rehabilitation period for that offence was 5 years. Now I'm led to believe some changes have been made in essence reducing rehabilitation periods whereby my rehabilitation period has been reduced to just 1 year. I have just offered a new job and the employer has asked me to fill out a Disclosure Scotland form. I'm very concerned as to whether my Disclosure Form is likely to come back with my conviction still unspent. My belief is that the changes came into effect in late 2013. Further, if that is the case is the employer likely to retract the job offer made to me? Incidentally my offence was nothing to do with fraud or theft or anything of that kind.
  8. I sold my previous car last year. My previous insurance company was aware of an IN10 as they made a mess of taking my renewal premium four years ago and I was caught unaware that I wasn't insured. The traffic policeman said he deals with four or five similar cases to mine every week. The IN10 is a spent conviction that is not on my licence now. However, when taking out my new insurance I find my old company will no longer insure me because of the IN10 that was their brokers fault. They had attempted to take the premium off old bank details which failed and they didn't notify me by email, phone, txt or mobile phone. If they wrote to me I never received it. I did have a certificate of motor insurance which they had cancelled unknown to me. Anyway, I find that my spent conviction has cost me a very high premium as I declared it when they asked had I any motoring convictions in the last five years. It occurred just under five years ago. So my question is whether I had to declare it as it was actually spent and by law should they be discriminating on me in this way with a spent conviction ? They also asked if I have EVER had a criminal conviction. ( I haven't) . I thought this was illegal as they should only know (need to know) about current unspent criminal convictions. Their action seems to be contrary to the rehabilitation of criminals which I thought was a legal right ? Are insurance companies given some legal dispensation that goes against our legal rights ?
  9. hi, i was charged with a drink driving offense back in 2003. Now i need a letter from the relevant authorities saying that my conviction has been spent. How do i do that? Any links or phone numbers will be appreciated. thank you in advance, craig
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