Moneys been re-instated.

[ErikaPNP]

I think what has happened here is they "suspended" your benefit rather than ended the claim. If this is the case, then they have either concluded the investigation or a decision maker has reconsidered your entitlement to the suspended benefit, possibly as a result of the Crisis Loans. A Crisis Loan should never be awarded where benefit money is due, it is quite possible that they requested your payments be reinstated until the investigation was complete and a decision maker has reconsidered entitlement as a result of such a request.

 

The only way you can know for certain is to call the benefit delivery centre that processes your benefit. You will also need to ring the council to see if your housing benefit./local housing allowance can be reinstated, as they are a seperate entity to DWP

[ErikaPNP]

I'm afraid your solicitor is incorrect, there is no such policy. It may have been something done for a particular case but it is certainly not policy. They do have the right to suspend benefit during an investigation, but they need to have pretty strong evidence - they can't for example, suspend it simply on hearsay.

 

The policy your solicitor refers to is not a policy, it is an area of discretion, whereby although they can still legally suspend benefit, it is bad practice to do so. Ultimately it is up to the decision maker whether they suspend benefit, but there is no policy in place or legislation to stop them from doing this.

 

If you have been claiming Crisis Loans, the Crisis Loan team would most certainly have been at the decision makers as a crisis loan should never be awarded where the need can be met from another resource. That other resource is your benefit. Whilst an investigation is ongoing and payments are suspended, you have what is known as an "underlying entitlement" to it. In this case, Crisis Loans would have given the DM's a gobfull which would have forced them to reconsider their decision to suspend, because quite simply, it won't look good for their investigation when they have left you destitute to the point of relying on Crisis Loans to get by.

 

What sort of fraud are you being accused of, out of interest? Is it living with a partner, working while claiming or something else? Obviously you don't have to answer that and you aren't expected to, so please don't unless you feel comfortable with it, just interested.

[ErikaPNP]

You should have been informed of their decision in writing and informed of your right to appeal. Are they going forward with a court prosecution?

[ErikaPNP]

The Decision Maker has decided that you and your friend were living together as husband and wife, and that you failed to declare a change in circumstances. That is not a "conviction" only a court can convict a person. What they should do is issue a letter, which should state:

 

Their decision

How they came to that decision

What they plan to do about it (court/recover the money/nothing)

Tell you what to do if you disagree with the decision (advising you of appeal rights)

Tell you how to appeal. (You complete a leaflet called a GL24)

Advise you of the time limit to appeal (one month from the date on the letter)

 

What I suggest you do, is contact your local council and ask for contact details for the Welfare Rights Representation Unit. They will provide you with a Welfare rights officer, (this is a free service) who will be happy to contact the department on your behalf. They are experienced at dealing with benefit decisions, they know what to ask for, what to challenge, and can represent you in any appeal or communications with the department. What they will do initially is write to the department asking for a "statement of reasons" - this is a breakdown of how they reached their decision, and extends the appeal time limit by 14 days. They will also seek to determine exactly what happens next in your case. These people will help you.

[ErikaPNP]

You should ask them for a duplicate decision letter to be issued to you, as you have not received the first. This is your right. I've searched for a BDC contact number for Stirling for you and I cannot locate one. You are entitled to ask for a statement of reasons yourself after you recieve the duplicate decision letter.

 

Explain to Income Support that you have yet to receive official written notification of your decision and that your solicitor has not been able to obtain this information from them either. Tell them that you would like a duplicate decision letter issued to you as you have not received the one sent out and are therefore in a position where you do not know what is happening and it is causing you distress.

 

Ask them if they have a customer number for the office which made the decision, and if not, could the department call you back or could they arrange for a duplicate letter to be issued.