Benefits being stopped and massive bill

[Nystagmite]

Premiums are paid on the lower rates. I receive lower rate care and mobility and receive a disability premium.

[MIKEY DABODEE]

the DP or Disability Premium was awarded to an I.S claimaint after fifty two weeks if they had IB, or as now straight away if DLA is awarded, this can be for low rate mob or low rate care or whatever rate is awarded.... If the customer gets Middle Rate Care or higher and live alone the they may be entitled to another premium on top SDP.. This is around £55

[PriorityOne]

Premiums are paid on the lower rates. I receive lower rate care and mobility and receive a disability premium.

 

Apologies..... think I confused this with premiums for Carer's Allowance.....

[caro]

Thanks for all the help. I think I need to spend more time looking at this to get my head round what Mandy's been getting. There certainly hasn't been a car.

 

I can't see anything at all relating to DLA, but from the look of the computer records she's had IB since 1995 and there's also mention of a disability premium. It was Severe Disablement Allowance which wasn't allowed.

 

I thought the DLA form was bad enough, but these records are a thousand times worse to try and understand.

 

I can't understand why there's never been any mention of a learning disability either. I wonder if her family may have had old-fashioned attitudes towards this and tried to keep it quiet.

[MIKEY DABODEE]

Severe Disablement Allowance

 

Severe Disablement Allowance (SDA) is a benefit for people who are unable to work as a result of a long term severe illness or disability and who have not paid sufficient National Insurance contributions to qualify for Incapacity Benefit.

From April 2001 the law changed so that no new claims for SDA could be made. However, periodic reassessment of people who are in receipt of SDA may take place.

Medical evidence

 

The medical requirement for entitlement to SDA is that the person must be incapable of work and at least 80 percent disabled. Non-medical decision makers make decisions about entitlement taking all the evidence into account.

At the time of reassessment, people may meet the threshold for benefit on the basis of paper evidence. If this is not possible, they must undergo a face to face assessment. This assessment is carried out by approved Atos Healthcare professionals, who are trained in disability assessment.

 

 

your friend could have beein iro of SDA credits only only wiith I.S paying the benefit. The D.P would have been paid to her from 1996 if she went onto benefits in 1995

If he have computer printouts of her benefit entitlements you will see SDA as type 16..

In other benefits screens. Ifs its not SDA and its IB thats type 61.

 

If she had been in receipt of DLA then you will see these mentioned as type 11 thats DLA MOB and type 44 thats DLA care

 

People who are on SDA now have protected rights

[caro]

Thank you Mikey. That helps explain a lot. I'll take a better look over the next couple of days and see if I can unravel it, but I don't think she's had SDA.

 

Do you know what a green card meant in the 80's?

[MIKEY DABODEE]

The Disabled Person’s Register for employment purposes existed until the Disability Discrimination Act 1995 came into force, when it ceased to operate. The register was run by the Employment Service (now the Department for Work and Pensions). It was open to anyone with a disability that would affect them getting or keeping a job. The registration certificate (or Green Card) was issued when someone joined the Register and lasted a number of years depending on the disability of the individual.

 

If someone had a green card then it was supposed to help them find employment..

Will ask IB for more details

[caro]

Thank you so much Mikey. So hopefully that should show a level of disability, but it remains to be seen if it's enough for Mandy to qualify for DLA.

[Nystagmite]

DLA is based on care and /or mobility needs. Nothing to do with the green card.

[caro]

Thanks Nyst. I'm just trying to fit the pieces together to understand the bigger picture, so I feel I need to understand everything.

 

Mandy told me that she got the green card after a court case which proved she was disabled, so I thought it might be relevant.

[MIKEY DABODEE]

Checked with an old IB bod, The Green Card was given to people who were on the Register to mainly help them get employment.. Before the act was changed companies had to by law employ so many disabled people so if someone had the green card in theory it should help them get a job. They were usually guaranteed an interview with one. There were disability advisors at each job centre who helped the customer to find work..

 

When you sent the SAR did you get records from CIS. Central compute, this will say if DLA was in payment as it holds all benefit interests, maybe not from the date of claim but if DLA was in pymnt it should show

[caro]

That rings a bell now you say it.

 

I don't think DLA has been paid - or even applied for before. They say they are currently having difficulty in obtaining the Incapacity Benefit computer records, but are continuing their efforts and will issue it asap.

[caro]

Mandy's had a few letters.

 

1. District Council have re-calculated council tax bills from 2007 and sent bills to the tune of about £5,500. There are separate calculations for each year and they want payment in February. I'm going to ask for an appointment for me and Mandy to get an explanation of how they've arrived at their figures so we can check they're right, and see if we can come up with some reasons for the amount to be reduced.

 

2. Jobcentre have written and said they've decided Mandy wasn't eligible for income support and now have to decide if she has to pay it back.

 

3. DLA application was received on 29th December. As it was due in on 23rd December I rang and they will still pay from 11th November if the claim is accepted because of the delay due to Christmas post.

[ErikaPNP]

If you need help deciphering DWP abbreviations, give me a shout. I've seen more than my fair share of their SAR responses and as a result, am almost fluent in 'DWP speak'. I must admit though that lately, there appears to be a lot of things appearing on them that looks suspiciously like text speak, or made up abbreviations - I'm not sure which. They will also send you a list of their abbreviations if you request them - though they should have sent this with the SAR itself, they rarely do.

[caro]

Thanks Erika. They did send a list of abbreviations but I checked a couple that weren't on there. Just people's own shorthand I think. I must admit with Christmas and other things I've had going on, I've not given this the time it needs, so need to knuckle down to working through it. I think I might scan a few pages and

 

Sorry if this has been answered before, but what are the criteria for council tax benefit? I've only had a few minutes to look at the new bills, but there is mention of a second person on low income so that seems to count for something. What happens if someone in the household is disabled? I'm sure my mum didn't pay CT because she was disabled, but she was much older and lived alone. Looking at directgov.co.uk, it looks like it's not that simple! http://www.direct.gov.uk/en/DisabledPeople/FinancialSupport/Taxreliefandreductions/DG_10026451

 

Also I don't know all the ins and outs of Mandy's parents circumstances, so I'm' hoping that the District Council may be able to clarify this.

 

I wonder if they'd provide the info they've used to make their calculations, which presumably should have info about Mandy's parents circumstances. Not sure ......

 

[ErikaPNP]

Council tax benefit can be 'passported' - when an individual receives an income related benefit, they automatically qualify for council tax benefit if they are a council tax payer. Alternatively, if a person does not receive income related benefits, the counil tax benefit will be assessed on what income and capital that person and their partner have. If their income and capital is low enough, they will get the benefit. If it is too high then they will not be eligible.

 

If someone receives CTB and there is another adult living their who is not their dependant, a 'non dependant deduction' will be applied - basically they reduce the council tax benefit because of the other adult in the home. How much depends on how much the non dependant earns and it can change once a year (in April).

 

Council tax benefit and a council tax reduction (also referred to as a discount) are not the same thing. Some people can also be exempt from paying council tax - again, this is not the same as a reduction or benefit. What would happen with a disabled person in regard to council tax, would very much depend upon their circumstances. There is no 'blanket' for all disabled people, as such - as you've discovered!

[caro]

Well it would seem her parents had over £16k, but Mandy was on a low income. If she has to repay the IS then she'll have been on NO income for all those years!!

 

I was wondering if Mandy could be held responsible for her parents debts since they'd died, but I guess it should have been settled out of the estate?

[ErikaPNP]

It should have been, yes. If the estate was distributed before the debts were settled, it's the executor who becomes liable. That is the only time where someone else can be pursued for debt of a deceased person. Unless of course, the executor put a notice in the London Gazette (or Edinburgh Gazette in Scotland) about the death and the creditors did not come forward within the time limit.

[caro]

Mandy tells me that she had the will and that she and her relative dealt with it.

[caro]

Made some progress today.

 

1. The last of the computerised records regarding benefits arrived, which showed incapacity benefit was paid from 1994 to 1998, and income support from 2006 until it was stopped in November. There was a number to ring if there were any questions and I spoke to a very helpful lady who deals with Data Protection requests. I couldn't work out what, if anything was paid between 1998 and 2006 and she explained that some records would have been destroyed in line with the DPA when finished with.

 

I asked if there was any mention at any time of Mandy having learning disabilities. She checked and rang me back to say no and gave me the name and address of someone I should advise of this with something from her doctor confirming this and how it affects her. I have got something from him already which might be sufficient, but could be worth contacting him to provide something more substantial. I recognised the name provided as the lady who conducted the IUC, and this was confirmed, and I was told this was significant additional information. Let's hope she's right!

 

2. I had a good look at the info from the council about CT and how it's been calculated including benefits, but it wasn't at all clear so I rang and asked for an appointment to see someone with Mandy to better understand it. It seems no CT was paid at all for the period claimed so I want to understand why, and maybe find out if this was their mistake. Could be they just weren't told about Mandy's mums money, but we'll see.

 

3. I've printed off the form GL24 to appeal the decision that Mandy has been overpaid benefits, and typed a list of about 14 or 15 points for them to consider. I daresay some will be irrelevant but maybe some will work. I'll post them up over the weekend.

 

Meanwhile Mandy is worrying herself witless about this.

[Nystagmite]

Good luck. Hope for your sake and Mandy's, this is over soon.

[caro]

Thanks Nys.

[caro]

Done a lot of thinking about this but need to take some action now.

 

The appeal against the DWP decision that Mandy wasn't entitled to IS is a no-brainer. Will appeal that and I've got my head round that (I think).

 

One question on this though - how often is it reviewed or need to be re-applied for?

 

The Council Tax is not so straightforward.

 

I'm thinking that from the date Mandy's mum died there's no question that those bills should be paid - although I don't really understand why Mandy didn't get these earlier. Are the council under any obligation to make sure bills are sent out in good time? How come she didn't get a bill before - even if only to say nothing was owing due to benefits?

 

They have allowed 25% discount for the entire period in question because Mandy's mum was on pension credits. Now it seems to me that she shouldn't have been because of her money so I feel that this needs to be addressed with the council, otherwise it's like admitting that Mandy was the one in the wrong, when none of this was really down to her. IMO the pension credits are more questionable. Now if those had to be repaid, would it cost less than repaying the IS (if DWP decide money should be repaid)?

[MIKEY DABODEE]

"one a lot of thinking about this but need to take some action now.

 

The appeal against the DWP decision that Mandy wasn't entitled to IS is a no-brainer. Will appeal that and I've got my head round that (I think).

 

One question on this though - how often is it reviewed or need to be re-applied for?""

 

 

we set a case control in our Dialogue 92 to send out a review form A2 every couple of years but this is not always adhered to.

GMS matches might throw up a match and the claim may be reviewed through this, like wise compliance may do a routine check,

but if a customer has a condition to I.S and

its continuos then I.S doesnt have to be applied for again and the claim can run for years

and mabe not looked at, unless of course there is a COC change of circumstances.

 

then of course its up to that customer to notify the COC.

then we review the case

 

I have seen cases on from the 90s, with their notepad clean, heart sinks when I find them, but usually they are ok

still entitiled and everything is fine as far as we are aware

 

 

And looking at it from this angle, a joint bank account with 28k, would she not be entitled to half of this untill her mother died 14k, then she would have been entitled to benefits with a 16k limit an op yes but still some entitlement maybe

Edited February 11, 2012 by MIKEY DABODEE

[caro]

Good point about the joint account Mike. Thanks.

 

Also for the info on IS. I'm really surprised it can run for years, but I guess it cuts back on admin costs.