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    • jk2054 - I haven't started a claim with OIC or MIB yet, due to being unable to obtain the name of the other driver.  BankFodder cheers for that, I'll go back to them with this info & update on here when I've had a response
    • Andy thanks for your reply. No i am now being evicted from the house i moved into after that previous post. The letting agent lied to me when they said the landlord would not be selling the house. SHe did not mention that the landlord tried to sell the house last year, i was not told this, 4 months into the tenancy i got the eviction notice. Its obvious they lied to me and used me to fill in the gap between their attempts to sell the house. I have filled in the defence form as it was easy to follow the old one from my previous post. I will post it later on in the hope someone can give it the once over. It has to be in by the end of this month may 31st.  
    • It's a GR Yaris - Finance is with Alphera, who are part of BMW I believe. I'm sure the unit is very expensive to repair, I have even told them I would be happy with a refurbished/reconditioned unit, in trying to be reasonable as well.
    • Without seeing this envelope, document and sticker it is impossible to advise properly. However, just going on what you have told us, there are two ways you can deal with this: !. The easy way. This has the lowest risk but the guarantee of a penalty for speeding.  You can respond to the SJPN by pleading “Not Guilty” to both charges. In the “Reasons for pleading Not Guilty” box you can explain that you responded to the request for driver’s details but it was recently returned to you, seemingly not actioned. However, you are willing to plead guilty to the speeding charge providing, and only providing, the “Fail to Provide Driver's Details" (FtP) charge is dropped. You could also ask the court to consider sentencing you at the fixed penalty level (£100 and 3 points) as this prosecution seems to be the result of an administrative problem outside your control. 2. The not so easy way with higher risk. This could see you convicted of the FtP charge but has the possibility that you escape with no penalty whatsoever. You can do the same – plead not guilty to both charges. If you go down this route the speeding charge cannot succeed as they have no evidence you were driving. This comes from your response to the request for driver’s details which the police say they have not got. You can mention in the “Reasons” box that you returned the request for driver’s details as required. You will then face a trial for the FtP charge and you can produced your response together with the envelope and sticker showing it had been returned to you. The risk with this is that if your defence fails you will be fined a week and a half’s net income, pay a “Victim Surcharge” of 40% of the fine, pay prosecution costs of around £650 and have six points together with an endorsement code (MS90) which will see your insurance premiums rocket.
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Carers allowance and severe disability premium


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Can anyone tell me if you can claim the £53 carers allowance at the same time as your parnter claims severe disability premium(also about £53)? As by some information I have seen is that carers allowance is taken out of your income support entitlement whereas SDP is paid aswell as your income support entitlement. I would like to know if you can claim both or if not which one makes you better off?

Many Thanks!

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the conditions for SDP are that you

1 you are receiving higher or middle rate care component of DLA

2 nobody is receiving Carers Allowance for looking after you

3 you have no non dependant adults living with you

4 if you have a partner, they are also in receipt of higher or middle rate care component of DLA (or are blind)

 

 

if you meet condition 4, you are normally better off not claiming carers allowance

if you do not meet contion 4, you are not entitled to the SDP, therefore you are normally better off claiming carers allowance

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I recieve DLA at middle rate for care and lower rate for mobility, i am living with my parnter, no other adults live here just our daughter who is 5. what amount should we recieve for income support as a couple because I'm not sure of that either!?

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Do you receive any disability benefits and if so what rate? Do you live with your partner? Do any other adults live with you?

I recieve DLA at middle rate for care and lower rate for mobility, i am living with my parnter, no other adults live here just our daughter who is 5. what amount should we recieve for income support as a couple because I'm not sure of that either!?

 

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  • 2 weeks later...
Does your partner also receive DLA? and do you have any other income - for instance pensions or contribution based benefits?

my partner does not recieve DLA only i do at the middle rate for care and lower for mobility. currently we get income support of £142 per week but out of that they take out £65 per week for my partner claiming carers allowance so in reality income support pay us £77 per week and my partner get £50 per week CA apart from my partner recieving child tax credit of £49 per week we don't recieve any thing else

so does this sound correct as i was living alone a few weeks ago and getting my SDP i seem to now be worse off living with a partner?

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With income support they should subtract the amount of carers allowance that your partner receives, but then add on an amount called a carers premium which I believe is around £30 a week. But no, you are not eligible for an SDP now.

 

You should get:

 

couple rate + carers premium minus carers allowance. which I make to be around £81.40 a week, plus the carers allowance and tax credits. (2011 rates)

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Carers Allowance is £55.55 per week and the premium is £31 per week.

 

Lee - they should receive the couples rate of the disability premium.

 

Entitled to says you should receive £122.50 IS.

So the £122.50 is that before or after they have deducted the £55 carers allowance??

also what do i need to do to rectify this as as far as i know i don't receive a carers premium. the letter i got back says i receive £102 income support for me and my partner plus £39.85 for being sick or disabled minus £65.45 for my partner equalling £77.15 a week. I feel like this office hasn't got a clue, I don't no why they are taking £65 for my partner as she doesn't get £65 for her carers allowance she receives the £55.55. My phone calls seem to be falling on deaf ears so i would appreciate any more help and advice you could give me!

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Yes it seems that income support are not aware of your the carers allowance claim. You need to contact them with the date carer's allowance was paid from. Normally what happens is that carers allowance contact income support before a claim is paid so that you are not overpaid income support. Not sure what the £65.45 is about for your partner - was your partner claiming another benefit before carers allowance? It sounds close to an amount for contribution based jobseekers allowance, or basic rate ESA.

 

Anyway, first step is to contact them by phone and inform them about the carers allowance and date of award, and why carers allowance haven't contacted them. Ask what the current deduction for your partner is for. Ask for a call back from the decision maker - they should then email the team who deal with your claim who call you back, and if you don't get anywhere after that ask to speak to a team leader. The person at the contact centre is often pretty clueless, and for any more than reporting a change of circumstances or basic info, they're often not too good.

 

If you don't get anywhere with phone calls, put your circumstances in writing and ask for your claim to be looked at again. Point out the number of times you've phoned and that if they don't get back to you in 14 days you'll put in a complaint.

Edited by leemack
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