Me and Various Benefits

[leemack]

Sorry Leemack if my info was wrong but I reclaimed with the same condition that on paper had not detriorated at the request of JCP, within 4 months of failing my first medical and the claim was accepted and processed with me providing a new sick note. Since then medical has been passed and am in a WRAG

 

Your doctor may have stated you deteriorated, or as you passed the medical they felt you deteriorated. But if you were paid while waiting for the medical, then this is contrary to legislation and you were lucky that an error was made in your case.

[confusedbunny]

I have been paying a magistrates fine via the DWP for some time now. I was informed by DWP my payments had stopped and advised that the payments to the court had stopped too (i was told this two weeks ago!)

 

I wrote to the court last week to explain this and that my claim was re-instated and request they start taking payments again.....

 

Today, I recieve a letter from "Philips Bailiffs" for "notice of distress warrant" saying if i dont pay in full then they are taking my goods! I called them to explain that this was not my fault and asked the court to re-instate payments...they advised me i can no longer deal with the court and i must pay them in full....I cant! I have been trying to call the court....what can i do? This is very unfair to me....

[tomtubby]

This is a very simple matter where the DWP have clearly made a mistake and you MUST take it up with them immediately. They stopped the payments when they should not have done so. They made the error and they can contaat the court to explain why.

[confusedbunny]

Really? But they stopped my benefit, that's why they stopped paying the magistrates fine, was that wrong then? they did inform me and inturn i wrote to the court to arrange alternative instalments from new benefit.

 

p.s. should i not liase with the bailiffs then? i just dont want them turning up at my home and take my goods!

[wonkeydonkey]

How many payments have you missed due to the cock up over benefits?

[brassnecked]

p.s. should i not liase with the bailiffs then? i just dont want them turning up at my home and take my goods!

 

I would do as tomtubby suggests, and tell DWP to sort it, and phone write to the court explaining that a DWP error wrongly cancelled your benefit also stopping the direct payment, and that you have instructed DWP to recommence. Remind them that on their own website, about guidance on vulnerable debtors:

 

Vulnerable situations

 

 

• Enforcement agents/agencies and creditors must recognise that they each have a role in ensuring that the vulnerable and socially excluded are protected and that the recovery process includes procedures agreed between the agent/agency and creditor about how such situations should be dealt with. The appropriate use of discretion is essential in every case and no amount of guidance could cover every situation, therefore the agent has a duty to contact the creditor and report the circumstances in situations where there is potential cause for concern. If necessary, the enforcement agent will advise the creditor iffurther action is appropriate. The exercise of appropriate discretion is needed, not only to protect the debtor, but also the enforcement agent who should avoid taking action which could lead to accusations of inappropriate behaviour.
  
• Enforcement agents must withdraw from domestic premises if the only person present is, or appears to be, under the age of 18; they can ask when the debtor will be home - if appropriate.
  
• Enforcement agents must withdraw without making enquiries if the only persons present are children who appear to be under the age of 12.
  
• Wherever possible, enforcement agents should have arrangements in place for rapidly accessing translation services when these are needed, and provide on request information in large print or in Braille for debtors with impaired sight.
  
• Those who might be potentially vulnerable include:
   
  
  • the elderly;
    
  • people with a disability;
    
  • the seriously ill;
    
  • the recently bereaved;
    
  • single parent families;
    
  • pregnant women;
    
  • unemployed people; and,
    
  • those who have obvious difficulty in understanding, speaking or reading English.
    

   

 

 

 

Explain that you cannot afford the debt to be possibly tripled by Phillips fees, and you would be grateful if they could allow the DWP to resume payments.

 

Others will know more

[confusedbunny]

 

4 weeks @ £5 pw..........(i was only told two weeks ago that they had stopped direct payments!)

 

thank you kindly for this info! i am calling the courts now.......

 

Further to the bailiff mis-informing me that i could not have the direct payments re-instated and that i had to pay in full or they are taking my goods in next 7 days and tripled by bill, with the advice from you guys and then calling the court,

 

they have cancelled the bailiffs and have put an application in to re-instate payments.

 

 

thank you to you all that contributed to this thread.........

[brassnecked]

Glad you are sorted, but I think the court was a little premature in sending the account straight to Phillips, they could have written to you about the direct payment ceasing, and given you time to sort an altenative payment method, before passing the account to the bailiff imho

[confusedbunny]

I agree 100%. Very harsh and totally uncalled for!

[wonkeydonkey]

for taking it head on and getting a good result.

 

WD

[ErikaPNP]

Why were your benefits stopped?

[confusedbunny]

I am currently in receipt of JSA. I am shortly due to recieve a lump sum and therefore will have to sign off JSA......

 

Living off the money to pay rent and general living and debts will i qualify for HB after my money has run out in maybe 2-3 months time (I am looking to invest some of the money into becoming self-employed and might need to apply for HB to help towards my rent!).......

 

My query is, I can show (paper trails) where say 50% of my money is going (i.e. rent,bills and some debts) but with the other I owe like family, friends,loan shark etc which i have built up over the years and promised to pay....as i do not have a paper trail for this part, will it effect future applications for HB?

[divadoll]

Hi confusedbunny,

 

Depending on how much capital you have? Will depend whether you qualify for HB? If you have under 6000 and age between 18 and 60 then

yes u should qualify, if you have over this amount you can still qualify but has to be under 16000.

 

Hope this helps any more questions just ask

[Nystagmite]

There is something called deprivation of capital. They may assume you have the money (notional capital) if they believe you've spend it in such a way to get benefits. (or more than you currently receive)

[confusedbunny]

There is something called deprivation of capital. They may assume you have the money (notional capital) if they believe you've spend it in such a way to get benefits. (or more than you currently receive)

 

yes, that my big concern because as i cannot show how the other 50% has been distributed etc will it effect my applcation? and yes, thats the word i am looking for "deprivation" of capital, whats deemed as "reasonable"? I can just see a hurdle coming over this but i must pay it back!

 

As far as a paper trail is concerned, i can show show where 50% of it has been allocated but it could be understandably "percieved" as me stashing the remainder, as i have no evidence!!! dilemma!!

[confusedbunny]

There is something called deprivation of capital. They may assume you have the money (notional capital) if they believe you've spend it in such a way to get benefits. (or more than you currently receive)

 

what does "notional deprivating" mean? The capital is from the sale of my main residence......(i will not have to pay capital gains tax to HMRC will i?)

[Nystagmite]

It's nothing to do with capital gains tax.

 

With money you've come into and benefits, you're expected to use the money to live off. You can use the money for day-to-day expenses; (food, bills, etc) but if you use the money to pay off more than the minimum repayments for bills and debts, you may be treated as having the money - this is where notional capital comes in. That means they claim that you still have this money whether you do or not.

 

You need to keep receipts so you can say "this is where £x has gone" and means that if your capital goes down enough for you to claim benefits, you can tell them where the money has gone.

[divadoll]

Ok, if you receive HB already as am thinking you do now? (sorry i should of known this as you were on JSA) HB will not be paid if the capital is over 16000 if you spend your capital on i.e holidays, car, eletrical goods ie new tv washer etc then you do keep your reciepts HB will want to see bankstatements in any case so pay

for stuff on your debit card ( you can not get in trouble for spending your own monies) if you transfer they money into another bank account that is different! My advice to you is if you get you capital under 10,000 Fill in a new housing benefit form and put your only income is your savings. And yes you can not go out and spend all your money just to get benefits, but as you will have to use this capital as income that too is unfair, that is why i am telling you contact your local hb office once your capital has decreased. And if you have capital under 10,000 then contact them now. Its all about how much savings ( capital) you have. I work in benefits

[confusedbunny]

It's nothing to do with capital gains tax.

 

With money you've come into and benefits, you're expected to use the money to live off. You can use the money for day-to-day expenses; (food, bills, etc) but if you use the money to pay off more than the minimum repayments for bills and debts, you may be treated as having the money - this is where notional capital comes in. That means they claim that you still have this money whether you do or not.

 

You need to keep receipts so you can say "this is where £x has gone" and means that if your capital goes down enough for you to claim benefits, you can tell them where the money has gone.

 

ok, so for paper trails stuff like rent,bills etc, thats fine. if i was to say have a family holiday then claim HB 4 months down the line, would they say that was "irresponsible" spending?

 

if i was to use the money for a holiday etc could i argue about my "intnentions" at the time? as i could possibly do well self-employed that i will not have to ask for HB assistance and effectively i do not have to answer my spending habits, paper trail or not...i am just looking at all angles at the moment as i do not want to end up homeless because i cant pay rent or get assistance at the very least due to my spending of the capital....

 

For non-paperwork trails-does that mean i will be flately refused HB forever or until they think the caital amount "should" have gone (calculating general living expenses" then i can re-apply after?

[confusedbunny]

Ok, if you receive HB already as am thinking you do now? (sorry i should of known this as you were on JSA) HB will not be paid if the capital is over 16000 if you spend your capital on i.e holidays, car, eletrical goods ie new tv washer etc then you do keep your reciepts HB will want to see bankstatements in any case so pay

for stuff on your debit card ( you can not get in trouble for spending your own monies) if you transfer they money into another bank account that is different! My advice to you is if you get you capital under 10,000 Fill in a new housing benefit form and put your only income is your savings. And yes you can not go out and spend all your money just to get benefits, but as you will have to use this capital as income that too is unfair, that is why i am telling you contact your local hb office once your capital has decreased. And if you have capital under 10,000 then contact them now. Its all about how much savings ( capital) you have. I work in benefits

 

I do not recieve HB at the moment as i own my home and get SMI payments, i am going into rental (hence possible assistance with HB in the future) ok, so its not how you spend it, its about how much savings you have when you applly for HB? (No matter the gap in between getting the capital and it decreasing?.....)

[Nystagmite]

Iy depends on the type of holiday. If it's just say, a weekend away to somewhere in the UK, it shouldn't be a problem. It might be a problem if it's some really expensive holiday abroad.

[confusedbunny]

Iy depends on the type of holiday. If it's just say, a weekend away to somewhere in the UK, it shouldn't be a problem. It might be a problem if it's some really expensive holiday abroad.

 

but could i not argue thats "personal preference or my choice at the time" as i am not claiming HB at the time and living off the monies?.....(as i say, i may earn enough self-employed so how i spend my capital at the time and my current financial position, as my "intentions" would be to pay my way not assisted, right?....its the non-paper trail i am concerned about, would that not be up for question regardless of my "intentions" at the time or am i allowed to spend my money as i please when i am paying my way, not assisted?

[taraquin]

Effectively what you want to do is to clear debts off in full, have a holiday and keep some money back for a self employed venture so that you are able to say that you have very little capital left and want the taxpayers to help to pay your rent?

 

I don't know about you but doesn't that sound a little unfair?

 

Here you have capital which you could easilly live off, pay your bills as you have been doing, and have the freedom of Big Brother not being able to look at you every day.

 

You are presumably under no legal obligation to repay these debts?

If you are not then you cannot justify settling them as you propose.

 

I think you would be annoyed if you heard that someone was doing exactly what you intend if it was your tax that you had paid was being used to subsidise their living costs. You won't go far wrong if you always keep in your mind 'Is it fair - Is it just - Is it reasonable?

[confusedbunny]

Effectively what you want to do is to clear debts off in full, have a holiday and keep some money back for a self employed venture so that you are able to say that you have very little capital left and want the taxpayers to help to pay your rent?

 

I don't know about you but doesn't that sound a little unfair?

 

Here you have capital which you could easilly live off, pay your bills as you have been doing, and have the freedom of Big Brother not being able to look at you every day.

 

You are presumably under no legal obligation to repay these debts?

If you are not then you cannot justify settling them as you propose.

 

I think you would be annoyed if you heard that someone was doing exactly what you intend if it was your tax that you had paid was being used to subsidise their living costs. You won't go far wrong if you always keep in your mind 'Is it fair - Is it just - Is it reasonable?

 

I think you have totally misunderstood me!! I have paid my taxes too all my life up until one year ago and as i say, i am going back to work! So are you saying, that if i am not claiming HB, living off MY money to pay general day-to-day bills and rent and not claiming any assistance, that i am not entitled to a holiday like you? as i say, its possible just part HB, not the full HB as i will be working 40 hours a week! Sorry if you interpreted it as being offensive.......

Edited October 4, 2011 by confusedbunny

[taraquin]

I think you have totally misunderstood me!! I have paid my taxes too all my life up until one year ago and as i say, i am going back to work! So are you saying, that if i am not claiming HB, living off MY money to pay general day-to-day bills and rent and not claiming any assistance, that i am not entitled to a holiday like you? as i say, its possible just part HB, not the full HB as i will be working 40 hours a week! Sorry if you interpreted it as being offensive.......

 

Of course you are entitled to a holiday, just as long as it is paid for out of your own money and not out of this capital with the intention of reducing it to possibly claim HB.

By asking the questions on here you are demonstrating that you have it in your mind now before you get the money on how you can use it AND be able to claim HB. Is that not being intentional deprivation?