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Incapacity benefit stopped


Terence Hart
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Hi.

I have been reading the forums to try and get some answers about a decision made by the DWP to stop my neighbours benefits.

 

She suffers from bad deppression, and will not help herself, she is very vunerable and although she does not care about what is happening to her at all (I'm certain she will just starve, and ultinmately cause herself physicall illness) not to mention get evicted from her home if she does not pay her rent.

 

I am furious at the decision made to stop her benefits, I see her as much as a can when she opens her door and she is terribly ill and leads an existance that really upsets me to see a person like that.

 

I couldnt quite get my answer on the forum although I'm sure its answered, Its regarding what she should do while appealing, which I'm helping her with, and more directly, what sort of payment she is entitled to while/if this appeal gets dealt with.

 

I noticed in some of the threads there was mentiones appeal rate, income support, and some other things, while reading about some of the awfull times some members have had dealing with this. I dont want her to wait and see what happens, and rather help her right from the start before she gets into debt and goes hungary (well she wont go hungary while im breathing but you know what I mean).

 

So just to clear up my question.

 

While she is appealing (letter sent yesterday) will any payment she is entitled to happen automaticaly or does she need to actually claim something in writing?

 

Im a little confused on that point, who does she claim from, what does she claim for, and how?

 

I'm sorry but I know very little about the benefits system, and im only just researching her options now.

 

I appreciate any advice.

 

EDIT:

 

She went to a medical examination, and the letter she got said she scored 5 out of fifteen points needed.

 

I also noticed after reading the notes with the letter that, a mental health assessment should be scored out of 10 points too, which stuck me as odd.

Edited by Terence Hart
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Sounds like your neighbour should be claiming DLA Incapacity Benefit among other things. the best place to start in my view is the Benefits Enquiry Line. Open to anyone and it is a freephone number. You should explain her circumstances more throoughly there and get the advice as to what she may need to apply for.

 

There will be loads of form filling and as you have appealed the one thing that has been withdrawn you will need to evidence the appeal as best you can. You have to remember that DWP is governed by Regulations and so you are entering a LEGAL process. They can only give out public money if the law allows them to. So if the evidence is not there they withdraw it. Perverse decisions are challenged so you have to CHALLENGE what the decision maker has written about. They will quote probably the ATOS medical advisor. You need to write and ask for copies of all the paperwork they have so you can examine the ACTUAL WORDS used that affected the decision makers decision. Does that make sense?

 

You then need to gather the medical evidence that will right the wrong. Has your friend a social worker / GP /Consultant/ been referred to the local Mental Health Team? etc etc? Get the idea? Your friend obviously is in no state to do this herself. That means that you (and what a good person you are for doing this) can give evidence as to what you have seen, what you have done etc etc. That is an independent evidence as well. There may be a Carers Allowance applicable as well. try looking at Carers UK website they can be quite helpful too.

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When they accept her appeal she should get £52 per week to live on until the tribunal. Unfortunately you have to ring the DWP to make sure she gets it.

 

This money is 80% of her income support and minus any premium she was getting.

 

If a person scores 10 points on the mental side of the IB assessment it is enough.

 

dj

 

PS.Please accept my sympathy for her and admiration to you.

Benefits rules are complex, and although I do try to inform and support people, I may get it wrong because the rules apply to individual claimants and their particular circumstances.

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Nice to know you are helping her :)

 

ps.. Welfare rights if one nearby are angels with the forms and of course if not cab should help her. xxxx Some of the welfare rights that have closed down are filtering the welfare rights advisors in cab, so that their experience is not lost.

 

Best wishes xx

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Thank you all for your replies, I really am grateful for them.

 

Its difficult to convince her to get some better help, her councillor kicked her off the books because she never turned up for a few therapy sessions, and she is convinced its all a waste of time. I dont like to force the issue too much because it upsets her.

 

I think I know why she got refused and my guess is that she was having not such a bad day when she went, and I've noticed she is very embarrassed abut her condition at those times and feels silly, and projects this "nothing wrong with me" personality.

 

My main concern first is that she gets her money to go grocery shopping, as its the only time I ever see her out of the house, and then Im also worrying id her housing and council tax benefit have been stopped?

 

I went to the Citizens Advice earlier, and the `told me basically nothing, and just told me to get her to ring and make an appointment (she will not, of that I'm sure).

 

Thanks once again for you help and advice.

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I know what you mean about the sessions at mental health. I dropped out after realising I had a different person every time and had to repeat the whole scenario every time I went, exhausting......and I know I will end up back there, just hopefully need to have courage to say its not helping me all these faces in my case. xxxxx

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hi Terence,

 

Your friend has now appealed against the decision to close their IB so they can now make a claim for I.S. This should be paid at the appeal rate, usually £52.35 for a single person over 25. This is paid untilll the appeal is heard. If the appeal is heard and won then IB is reinstated if not then I.S is closed. Phone the contact centre make the claim, I.S cant be processed though untill they have accepted the appeal, soon as they have the claim can start.

 

As someone has already pointed out they maybe able to claim DLA. If that gets awarded tell IS the award of any DLA would give your friend the disability premium on top of their I.S.

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Hi Terence,

As Mikey above said, your neighbour needs to make a claim for Income Support (paid at a reduced rate pending outcome of the appeal). This will then entitle her to housing benefit/council tax. For this she needs to call a Benefit contact centre. You can call on her behalf if she wishes but she will have to tell them that she wishes you to act for her .Alternatively if she doesn't want to call, a face to face interview can be arranged for her as a "vulnerable customer "in a local jobcentre, or a clerical form can be issued to her. This will get your neighbour an income until the Incapacity benefit appeal has been resolved.

I would also suggest someone speaks to the local authority to let them know the position, or she will probably receive letters from them which will only make her more anxious?

When a request for an appeal is received, it first goes to another officer for what is called a reconsideration. They may or may not change the decision based on information provided, therefore please ensure that you provide them with 'new' information to consider, If there is no new information the decison may not be changed. If they cannot change the decision then the case goes forward to appeal.

In a few months Incapacity benefit customers will be subjected to the Employment and Support Allowance regime, which could affect many long term customers.

As for DLA /Carers Allowance - Carers allowance is only payable if the person being cared for has either Middle or Higher rate DLA, it is not payable for lower rate. If you think your neighbour would be entitled to DLA you can obtain these forms from your local jobcentre too. Although they are time-consuming to complete, you have 6 weeks to return form the date of issue and that date is taken as date of claim

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Thanke you for clearing a lot of things up, as neither one of us really knows about this, and I was on the phone yesterday for 25 minutes, before I spoke to anyone properly (being flung from pillar to post) at which point my phone ran out of credit.

 

She recieved a letter this morning, which in part says.

 

"We will look at the decision that you have appealed against and, if appropriate, we will

revise the decision in your favour. In this case your appeal will lapse and will not be sent

to the tribunals service. you can appeal against the new/revised decision if you think it is

still wrong.

 

If we cannot revise the decision in your favour we will send your appeal letter and

papers, giving our reasons and evidence for the decision, to the tribunals service. We

will send you a copy of these papers."

 

I wonder does this mean her appeal has been accepted?

 

I thank you so much for your time and support.

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