Benefits being stopped and massive bill

[caro]

Very kind of you nys. I just don't like people being treated unfairly, especially when they're vulnerable and its through no fault of their own.

[caro]

Tribunal yesterday. Very quick. The independent lawyer who heard it said she had read the papers, asked a couple of questions including if the DLA application gad been successful and at what rate.

 

She then said it was quite clear that the money had been Mandy's mums until the day she died so there was no overpayment for the first two and a half years!!!!!

 

I couldn't believe we scarcely had to say a word!!!!

 

She said the rest had to be paid back - about 14 months worth as it was a legal requirement to report it. By this time Mandy, mr c and I were grinning all over our faces. She asked if we had anything to ask and because I was so gobsmacked I wasn't thinking straight and asked about the council tax then immediately realised this was just about the DWP but she was lovely about it and suggested using the appeal decision to support that too.

 

I completely forgot all the things I'd planned to say and could maybe have pushed about the rest but my arguments were thin and she'd already said it couldn't be offset against DLA that hadn't been claimed.

 

Mandy is over the moon about the result and that this is all behind her. We haven't got the final figures yet but I reckon the bill should be about £10k less.

 

Now to decide whether we can get back some of that council tax that Mandy paid in a blind panic when court was mentioned.

Edited November 30, 2012 by caro

[caro]

Thanks nys. We're very chuffed'

[caro]

Thanks LG. Although I felt we had a good case we hear of so many bad decisions on CAG that I wasn't sure that everyone had the same sense of fairness as me, so this has restored my faith and confirmed it's worth standing up for what you believe in. I'm really glad I tried.

 

Besides Mandy's invited us for a meal out with her wherever we want to go and she'll be treating us.

[caro]

Mandy broke her leg in 2 places yesterday and is to have an operation to pin it tomorrow. She can't put weight on it for 6 weeks. This is going to have a big impact on her care needs and mobility. Looks like social services will be assessing her and there will need to be support in place before she can leave hospital. Two questions.

 

1. Are her benefits affected while in hospital?

 

2. Can she apply for any higher benefits until her leg is better?

[caro]

Found the answer to question 1. DLA isn't affected if in hospital for less than 4 weeks.

[caro]

Just thought I'd give an update on Mandy's progress.

 

Following her op Mandy was unable to cope with crutches and an OT decided it wasn't feasible for her to be at home. She's got a kind of frame with elbow rests but wouldn't be able to manage. She was in hospital until about a week ago when she was moved to a home which until recently was owned by the MS Society. In not really sure what the plans are for it now, but it's better than hospital.

 

Regarding the IS overpayment a letter came asking her to advising how much Mandy needs to pay back. It's a little over £6k instead of nearly £16k. Rather strangely it didn't explain how to pay. I phoned to find out fully expecting that the full amount would have to be repaid in one go but before I could discuss this was told £24.13 a week would be stopped out of Mandy's dla. I worked out it'll be paid back in 5 years.

 

I've also written to the council asking for the council tax back that Mandy paid for the period that it was decided she was entitled to IS. I sent a copy of the tribunal decision. Waiting to hear back on that.

[caro]

I wasn't aware of that but as Mandy has no other income because of her capital I guess the only other option would be for her to pay it off ..........

 

As she has to live off that, if it goes below the threshold before the money's paid back then we'd have to renegotiate.

[caro]

Thanks for the info. I'll take a look, but if someone has no other income do they have other options?

[caro]

If she paid off the £6k she'd still be over the savings limit. DLA is her only income though so in time that will inevitably change.

 

TBH if paying it would take her savings below the limit I'd advise her to pay it and then claim IS and CT benefit again. Paying out of benefits seems quite a good option in this case.

[caro]

Had a phone call from Mandy. Council are going to repay the overpaid CT.