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YankeeLady

HHow long can DWP leave you with no money?

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I friend of mine on another forum has had her money ( IS ) stopped due to someone reporting her for her ex still living with her. She assures me this isnt the case ( not for me to judge )

 

They stopped her money in April 2009. She has an appeal in process.

 

However, she is living on her own, and only has £60 some odd quid a week to live off ( child beneft). She has 4 children. No tax credits ( they say as she has no income ( job or benefit) she can not claim.

 

This just doesnt seem right to me, any advice? I have told het to see he MP, councillor, cit advice ( she has been to cit advice with no joy) and try and use legal aid.

 

I just see how they can 'punish' he for this long with no proof. She was told its not up to them to prove it, but for her to disprove it.

 

Any help would be appriciated, and I will try and answer any questions that hep you.

 

Many thanks.

 

T

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They would be the ones who have to prove it or probability of it. As in bank records survillance etc...... She could defend herself by proving person ahd seperate address, bills in name at different address, account registered there or employer aware of address not being same as hers.

 

They dont jsut say we have been advised of this and stop the money.

 

Wouldnt she be entitled to start a new claim, she would get tax credits etc.... Some good advisers will come on soon xxx

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They would be the ones who have to prove it or probability of it. As in bank records survillance etc...... She could defend herself by proving person ahd seperate address, bills in name at different address, account registered there or employer aware of address not being same as hers.

 

They dont jsut say we have been advised of this and stop the money.

 

Wouldnt she be entitled to start a new claim, she would get tax credits etc.... Some good advisers will come on soon xxx

 

 

From what I understand, he has been sleeping on friends sofa's, and comes to visit the kids a few times a week. I am also unsure if he is co-operating or not. I will have to message her and ask. It may also be possible he is still getting post at her address. She has stated that he has NOT slept over.

 

I am sure she could start a new claim, but would that not mean that she would have to drop the appeal? Thus loosing all money that would be owed to her?

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Not too sure on that. There are some good people here in the know who will appear later. Concerning shes just been living on 60.00 a week with four kids xx

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Have DWP made a decision that she is living with a partner, and have terminated her claim as a result of that decision, and this the decision that she is appealing against? If so:

1. Have they commenced prosecution proceedings?

2. Has she accepted a caution?

2. Have they advised of recovery of an overpayment yet?

 

Or have they not terminated the claim, just suspended payment?


My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

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Have DWP made a decision that she is living with a partner, and have terminated her claim as a result of that decision, and this the decision that she is appealing against? If so:

1. Have they commenced prosecution proceedings?

2. Has she accepted a caution?

2. Have they advised of recovery of an overpayment yet?

 

Or have they not terminated the claim, just suspended payment?

 

 

I have just messaged her. I have sent her a link tot his site as well, so that perhaps she will be able to answer things herself to make it easier for all.

 

Either she will get back to you with answers, or I will, thank you.

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Guest jsa12

that does not sound right,the problem with benefits is "any doubt" is enough to suspend benefits',it is up to them to prove that there is any wrong doing without a solid case of proof allegations should not be made.it might be worth seeking legal advice under the legal aid scheme if necessary.

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