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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Mentally ill and suspected of benefit fraud


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I'm in desperate need of some advise from someone, I have searched the Internet for hours trying to find a case similar to mine but I haven't managed to find anything that's helped. Sorry for the length of this but it's a complicated story.

 

I suffer from social phobia, panic attacks, depression and self harm, because of this I am unable to work and clam benefits. I receive dla, hb, ctb, and income support.

 

In 2008 I moved into a flat with my boyfriend, at the time he worked full time and I had just started to receive DLA and IS a month or so before we moved into the flat (we were not on HB/CTB at this time). I filled in a change of address form as soon as we moved in and on it I said my partner was living there too, all I heard back from this was a conformation letter saying my details had been updated so I thought everything was fine and that because I was receiving IS based on incapacity that it didn't matter that my partner was living with me and working, I know that sounds really silly and dumb but I was under so much pressure at the time that I just wasn't in the right frame of mind to think straight.

 

After about 7 months of us living together my partner had to stop working and stay at home to care for me as he was constantly having to leave work because I'd self harmed etc so we thought it best he stay with me. So at this point we applied for HB and CTB which we got. Then in June this year I found out that my partner could get carers allowance for taking care of me full time so we applied for that and got it, I received a letter from IS telling me my money was being reduced because he was getting carers allowance, which was fine as I knew that would happen.

 

But then a few weeks ago my partner went to the cash machine to get the IS out only to find it hadn't been paid in and when he phoned then they said they had been given information from the carers allowance people saying that he lived with me and that we had to fill in a form with his details to add him to my is claim before they would pay anymore money. so we filled in the form and sent it back as soon as we got it. we heard nothing for a week until last Thursday we had a missed call from the IS people, when my partner called them back they said they needed to know the date he moved into the flat as it wasn't on the form but when my partner was talking to them he mentioned that he had been working when we first were living here, they then said I shouldn't have been getting IS for that period and it would have to be investigated further and they asked us to sent them a letter saying when and where he worked etc and were unable to make a decision on our claim until they had investigated it.

 

We sent them a letter with the details they asked for but I am worried sick about what's going to happen now. I honestly didn't think I had done anything wrong, obviously I thought they knew about my partner as I put his name on forms and he always talked to them on the phone for me etc so I thought they knew.

 

Do you think they will see what happened as benefit fraud? If they do what action are they likely to take and what effect will this have on our other benefits? We are not receiving any IS at the moment and do not have enough money to live on and to pay the bills etc, do you think our is will be stopped permanently?

 

I was originally hoping that we would get our IS paid this week sometime but now I'm worried it will be stopped permanently and that I might get a fine or worse, also I'm terrified that I might have to go for an interview as with my social phobia and panic attacks etc this would be really difficult for me to do. I would be really grateful for any advice etc. Thanks.

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I know this is easy to say and harder to do, but you really need to stop worrying about what might happen and concentrate on sorting things out now.

 

First, if you explain your disability they will come to you for any interview. You are entitled to have someone with you, though in the circumstances they may insist that it's not your partner as they may want to interview you separately.

 

Second, if you put your partner's details on the change of address form then you told them and it's not your fault they didn't do anything about it. The whole benefits system is so complicated that even the staff don't understand all of it, so it's perfectly reasonable if you don't either.

 

Finally, sit down quietly and write out exactly what has happened and when (much like your post above) but keep it very factual. If/when they interview you, read it to them if you think it will help.

 

I'm no expert on benefits, and of course no one can predict exactly what will or won't happen, but I think in this case the worst that will happen is that you will be asked to pay back some of the benefit you shouldn't have received, and as you're on income support anyway, it will be a small amount each week. On the other hand, if I'm reading this right you didn't claim anything for your partner until he started claiming carer's allowance, so it could turn out you've been underpaid, or the two could cancel each other out.

 

For now, all you can do is wait and see. I think if you don't have enough money coming in to live on you could apply for a crisis loan, but I'm not sure about that.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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I think the benefit disallowance could mean that can't have a crisis loan for living expenses, but give it a go anyway.

 

Social Fund CL - BDC location and telephone numbers by caller local JCP

 

Social Fund Guide for Decision Makers and independent Social Fund Inspectors - Crisis Loans

(see direction 17)

 

However, I think that you may be able to apply for I.S. "hardship rate".

Edited by loan_ranger

I'm not a qualified welfare rights adviser, but I'm planning on becoming one. I'm no substitute for more competent advice from trained CAB and welfare rights workers - [URL="http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/127741-benefits-advice.html"]see this post[/URL] by Joa, great advice and links! I've been running a Crisis Loan campaign and help since Jan 2007 . See my annotations c/o "theyworkforyou". I'm also currently interested by the recent DWP Medical Services reform and the effect this is having on valid claims, seriously - someone needs to be keeping a suicide count.

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