Income support appeal

[Tash188]

Hi all,

 

I wonder if I could get some advice from you. I received a letter from income support in October 10 stating that I wasn't entitled to it anymore because I had failed to inform them of a change of circumstances. I knew this would be in regards to my ex partner as I had to attend an interview with them in May 10. He doesn't live with me and I told them this at the interview. I have alot of health problems and have two small children. I can't be left alone with them and I have to have someone with me at all times. I suffer with seizures which aren't controlled and I don't have any warning i'm going to have one. My mum stays with me most of the time but when she has to go home my ex will stay the night but that'll only be one night. I told them this at the interview. As soon as I got the letter I wrote one back and asked them to reconsider the decision. I collected all the evidence I could to prove he didn't live with me and my gp also wrote to them stating my health problems, what medication i'm on and also that my mum stays with me most of the time. My ex had used my address to sign onto the local gp surgery. He doesn't have a fixed address and stays with friends. He moves around quite abit. I also explained all of this.

 

A few days later I got a letter from Housing benefit telling me my benefit had been suspended as I wasn't receiving income support anymore. After filling in endless forms and providing them with enough evidence they re instated my housing benefit at the beginning of this month and the letter states that they are satisfied I'm not living with someone.

 

I received a letter from the income support in December to say they had received my appeal, even though it was sent to them recorded delivery in October. I've called them, been down to the job centre, consulted a solicitor and cab but no one has been able to help me. I was told on the 27th Jan that my appeal had been sent to wales where the income support appeals are heard. I haven't had any money from them since october and have to keep applying for crisis loans.

 

Does anyone know what else I can do? I'm really struggling.

 

Thanks alot

 

Tash

[Tash188]

I should add that they had copies of all my bank statements and claimed I had too much money going into my account. I explained to them that when my housing benefit is paid I transfer it to my savings account so I don't spend it and then when my rent is due I transfer it back so my rent money is counted twice. I showed them this on the statements.

[Tash188]

Can anyone offer any advice?

 

Tash x

[flumps1976]

The appeal process can take some time so it's impossible to say when your appeal could be heard sorry.

Crisis loans will not be able to pay you indefinitely.

Do you receive any other form of income, ESA/Incapacity Benefits, DLA?

Although I understand what you are saying about your mum being your main carer how often does your ex partner stop to help you and give your mum a break? If it is a regular thing and he has and is still currently using your address for te Dr surgery or post a decision could be that you could be classed as a couple and that sounds like the reason you IS was initially stopped.You have given an explanation about the bank accounts in the form a paper trail by way of bank statements and as a DM I wold acceot this as long as it is clear the payment go in initially, are transferred to a seperate account so it isn't spent and then the right amount is transferred back to pay the rent.

[jadeybags]

Hopefully someone will come along & be able to help, from what you have said, you have been treated appaulingly. And I am a bit suprised CAB or a solicitor has been no help?

I hope you get it sorted, it sounds terrible! xx

[Tash188]

Thank you for the replies. I currenty receive dla, child tax credits and child benefit. My ex will only stay one night and that's the max. We don't have a great relationship but he does help alot with our kids. I've made him take his name off of anything to do with my home now. I went down to my local cab office and they told me there wasn't anything they could do to help. I also consulted my solicitor who told me they could only help if it was taken to court. I believe I have provided them with everything they have asked for, including statements from my ex and my mum.

 

Tash

[flumps1976]

You have done everything you can so unfortunately it will be a waiting game for the appeal. You could try calling again tomorrow morning to see if there is any prgress but they may not be able to tell you anything. I don't think they prioritise appeals as they cannot say that any one appeal is any more important than the next iygwim.

[Tash188]

Hi everyone,

 

I have posted on here before. My income support was stopped last October as they believed I was living with my ex as husband and wife. I don't live with him and we're not together. I suffer with quite severe seizures so he is at my house often because we have two small kids and I can't be alone with them. my ex wrote a statement saying pretty much the same as what i'd told them when I went for my interview under caution. I got my housing benefit reinstated as they believed that we weren't living together as man and wife. I took my case to appeal and was told it wasn't successful so now it's gone to the tribunal people. I got a letter from the person who interviewed me a few weeks ago saying they've decided not to carry on with prosecution and the case has been closed. I've still not heard back regarding my income support though. Does it carry on going through the tribunal or am I supposed to reapply? Any help would be appreciated as i'm struggling at the moment and they wont even give me a crisis loan. they want me to go down the job centre to apply for one as i've had two within 6 months but I have trouble getting out and i've explained that to them but they don't want to know.

 

Thanks for reading this x

[Nystagmite]

I think you need to ask what's going on with IS. Also, tell them that you have your HB.

[Tash188]

Thank you for your reply. I will give them a call on monday and see what they say

 

Tash

[Tash188]

Hi all,

 

I've posted on here a few times regarding my income support. It was stopped in October 2010 as they said I had a partner living with me. My ex is here on a daily basis as I have some health issues which means I have to have someone with me at all times, especially when i'm with the kids. I've given them letters from my GP, statements from my ex and my mum who stays with me now but they haven't been interested. I've already had one appeal which was last month, they decided to postpone that one as they couldn't come to a decision, this time they have asked that me or my mum attend. My mum is going to go for me as I don't do so well under pressure. Wish me luck, it's been a very long hard year without the income support money and I just hope they reinstate it as it's such a struggle at the moment.

 

Thank you to everyone who offered advise, will let you know how it goes x

[honeybee13]

Hello there. Fingers crossed for tomorrow, I'm sure your Mum will do her best for you. Please let us know.

 

HB x

[id6052]

it does sound like you have had a very stressful time, the judge may not give a decision on the same day as the hearing as they may need to consider the law further, hopefully you will hear something soon and you can put the matter behind you

[Tash188]

Hi all,

 

I've had a problem with my internet so haven't been able to post. I won the appeal!!!!!! The representative from DWP didn't show up and the lawyer said their evidence was shoddy and my benefit should never have been stopped due to my illness and my two small kids. I'm still in shock, it's been a horrible year and it's been really hard. I'll believe it when I get the letter through the post lol. Thank you everyone x

[Nystagmite]

Excellent!

[Tash188]

Hi all,

 

I had my IS tribunal on the 22nd September. We won the appeal as the judge said the evidence he had from DWP was shoddy to say the least. A representative from the DWP was supposed to attend but didn't turn up. A decision notice was given to me and one sent to the DWP on the day of the appeal. Now nearly a month later IS are still giving me the run around. They keep claiming they haven't got the notice. It's been faxed to them 3 times from the tribunal people in cardiff, they also sent them 2 copies and i've sent them 3 copies. Yet all I get when I call them is "we haven't received the papers yet". They are so rude aswell, the man I spoke to yesterday basically said even though I won my appeal they still have to make a decision as to whether i'm entitled to the money. I told him that the people we've been speaking to from his department have already informed us that we are entitled to the back payment but he wouldn't have none of it. He spoke to me and my mum like we were dirt. I'm just so fed up of it all now. They stopped my money back in October 10 because they had reason to believe I was living with a partner. I wasn't and have a lot of health problems. Once my IS was stopped I lost my HB aswell. This past year has been a nightmare, i've not got any money or food and I have two small kids. I really do feel like just giving up now. I've had enough of this all.

[ErikaPNP]

It can take up to 6 weeks for backpay to be issued, but they are saying they haven't received the notification.

 

When you phone Tash, are they calling you back at all or is your conversation just with whomever answers the phone when you dial?

[Tash188]

When I call we go through to the call centre and they usually say someone is going to call us back within three hours. They have only called us back 3 times the rest of the time we have to ring them again. They are really unhelpful. It's not the back payment that i'm interested in. All I want to know is when my claim will be restarted as I really need the money. They treat me like i'm a benefit scrounger and I hate it because i'm not.

[ErikaPNP]

That is strange. If you were only managing to speal to the call centre, I'd understand the issue (why they are saying the notification isn't received) but if you are actually getting called back by the I.S department then and they are saying the notification isn't received, something is far wrong. It is possible that the notifications have been sent/delivered to the wrong place (I've become aware of issues with mail not arriving at the correct destinations, even when they have been correctly addressed, some are going to the wrong MOU. Major issues since movement of work and the introduction of these seperate call centres). I would get someone to call you back once more, verify with them over the phone what their fax number is and get another copy faxed to them. If that is ineffective, get your MP onto it - you'll find they will move quick then.