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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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My son is Scizophrenic and receives DLA middle rate care and low rate mobility him and his partner have 3 children they have been on income support for 13 years my sons partner as been depressed for a few years and gets low care DLA and low care mobility. My sons partner gets the underlying entitlement to carers allowance for looking after my son.

 

ESA sent forms 6 months ago my sons partner had a medical with Atos and was placed in the WRAG group 4 months later she as had to fill another ESA form in and as heard nothing yet mean while she as been sent for to go to see an advisor he said she would be hearing from Ingeus Uk about going on a weekly work related activity.

 

Everything I have read up on states that anyone receiving care allowance who is a full time carer will not have to take part in the work related activities I am so confused, my sons partner told her advisor that she is a full time carer and he said this made no difference. My son`s partner explained to her advisor that she could not leave her partner alone so he said "Bring him with you" my son as been so stressed and agitated about all this and he can become quite challenging. All this sounds quite unacceptable to me, my son is in a state and his partner as been in floods of tears as she does not know how my son is going to react about all this.

 

Have the rules suddenly changed to carers having to go on work related activities? as there is nothing on the internet that states this:???:

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The requirement to carry out work related activity applies to those in the work-related activity group. The following are not required to take part in work related activity;

 

those in the ESA support group

lone parents on ESA with a child under the age of 5; and

ESA claimants who also receive carers allowance or a carer’s premium.

 

From here

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Hi Laura

I think a complaint to the JCP manager should be done. It seems the 'advisor' didn't know much about WRAG rules and in my opinion giving out misleading information just adds to distressed disabled people.

We complain about Atos but it seems the JCP advisors are just as bad. I was put in WRAG and was asked what I would do when my ESA stops in a years time. I'm on income based, not contribution, and as far as I know will continue as long as I pass the 'medical'.

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My son`s partner as claimed income support for the family since 1999 as my son does not read or write and as mentioned as severe mental health, my son`s partner must be on IB though I am not sure about this as she was originally on it as she had a child under 5 not because she had ill health herself she then became my sons carer and claimed carers allowance and receives the underlying entitlement to it.

 

Their benefit must have gone to ESA? really confused but she had a call from these people she as to meet and she retold them she is a carer and they just said "That doesn`t matter surely you can leave him for half a hour" my son`s partner told them it would be a hour on the bus then the time with them where do they get half a hour from?

 

I rang someone at the unemployed workers centre and they said it`s complicated that DWP are now interpreting that if you can do the chores of caring you can manage a work programme, this is ludicrous as if you are a full time carer for 35 hours or more how can you also be on a work programme? and caring can come in all forms just making a cup of tea or talking to someone is classed as caring!!!!

 

not sure what to do next but if she takes my son with her his safety will be at risk as so will the staff were his partner as to go to as he is likely to kick off and it is not very pleasant when he does you cannot calm him down all this wants sorting it is making the mentally ill much worse with the stress

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U/E is paid because IB was in payment then. They have now been transferred onto ESA, but are now subject to the rules of the WRAG.

Another option is using the U/E to Carers as condition of entitlement nip back onto I.S.

CA would be put back into payment but benefit entitlement will remain the same.

No WRAG rules on I.S, just an option

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It`s not an interview it is work related activity she had a letter today to say she must bring a cv along to it the building is 2 bus rides away she is depressed herself exasperated by the pressures of living with my son she does not need this she would have no idea how to do a cv.

 

Yes heard about remaining on IS why didn`t they leave this as it was so she just a carer what can we do to sort this? I am puzzled why it says carers do not have to take part in work related activities to then be told this makes no difference:???:

Edited by Laura Cooke
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they didnt leave her on I.S because at the time her main condition of entitlement to it was her IB, she could have chosen to stay on I.S but would have had to declare this at the time. So when IB ceased they shifted her to ESA and closed her I.S

 

If she really cant attend these activies she should go back onto I.S. There are WFI on I.S but bear no relation to ESA WFIs.

 

I suppose they look at it like this, she is on ESA and in the WRAG so she has to attend these meeting. do they know she has u/e to CA.

She should be excempt according to this,

 

The requirement to carry out work related activity applies to those in the work-related activity group. The following are not required to take part in work related activity;

 

those in the ESA support group

lone parents on ESA with a child under the age of 5; and

ESA claimants who also receive carers allowance or a carer’s premium.

 

but I am not ESA trained so they may be other sets of rules that apply :(

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they didnt leave her on I.S because at the time her main condition of entitlement to it was her IB, she could have chosen to stay on I.S but would have had to declare this at the time. So when IB ceased they shifted her to ESA and closed her I.S

 

If she really cant attend these activies she should go back onto I.S. There are WFI on I.S but bear no relation to ESA WFIs.

 

I suppose they look at it like this, she is on ESA and in the WRAG so she has to attend these meeting. do they know she has u/e to CA.

She should be excempt according to this,

 

The requirement to carry out work related activity applies to those in the work-related activity group. The following are not required to take part in work related activity;

 

those in the ESA support group

lone parents on ESA with a child under the age of 5; and

ESA claimants who also receive carers allowance or a carer’s premium.

 

but I am not ESA trained so they may be other sets of rules that apply :(

How would one know to stay on IS instead of going on ESA DWP do not advise you of this and every where on internet states carers do not have to do the work related programme yet she as been ignored when she as told DWP this

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You wouldnt know to stay on I.S. The IB to ESA transfer has caused loads of problem, the offices who do the transfers dont look fully at the cases, they just change the claims over to ESA from I.S. If the customer fails the medical even though they may have another COE they close the claim.

It drives us mad as we have to reopen the effected claims it makes a lot of work and frustrating for the customer.

 

If they are aware she is a carer and still insisting then she may have to consider going back to I.S

I will have a look at the rules again for you

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I think you may have to :( Carers claiming ESA may be able to postpone interviews and work-related activity because of their caring responsibilities.

 

but have found this site which looks useful and you can ring them for help and advice on this

 

www.carersuk.org/help-and-advice/help-with-money/benefits-a-tax-credits/other-benefits

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I was on IB and carers premium on pension credits as my wife get DLA MRC, when I got the phone call about moving to ESA I said I wanted to move to carers allowance and have my wifes pension credits raised.

 

I was told to fill out the ESA50 and take it from there. I filled out the form and was put into the support group. I am now worried sick that when Universal credit comes out we'll be put on the couple rate and subject to all the working age benefit caps, and my wife will lose pension credits and her pension will be counted towards UC.

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The changes to welfare benefits is surely making people ill and adding to peoples fears shame this government were not as ruthless in other quarters I think "The poor, vulnerable and disabled have nothing to fear" these are the very people they are persecuting and causing untold misery to I hope all this back fires on them because I have never seen such hate for the disabled and people reliant on the welfare state, they are deemed the lowest form of society by this Lib Dem/Con government yet it is quite easy to land on benefits and to become unwell in today`s society this is just my point about anyone can fall on hard times http://www.guardian.co.uk/society/2012/may/29/benefits-system-fit-for-work

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will Universal Credit sort it out, we will find out soon, very soon :)

 

Well surely things cannot be made much worse or can they I would not put it past this government to bring back work houses they seem to have no limit on what they intend to do to crush the vulnerable, and strangely change the rules or move goal posts to get their way, how they sleep at night is beyond me

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If my sons partner stops her ESA and asks to go back on IS what will this entail? will she lost the carers premium or will that just be reinstated in her IS and any idea how long this procedure takes as they cannot live without money indefinately and then their rent with the council will be messed up too

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Thanks Nystagmite, Welfare Rights said to make a claim for IS again and to stop the ESA you just had to ring up a number they gave we did this took a hour on the phone then after this he said my son`s partner as got to go into the benefits agency on the 11th June to sort the claim? thought that`s what we had done by phone? so the ESA as been stopped so god knows when they will get money again

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I did the phone claim, but you still have to go into JC just to sign the forms, only took 10 minutes for me as it's all on their system, then they send it off to your appropriate claims office, just to point out, as I have just been thru this, although I did the phone claim, it's actually dated from the day you go into sign, and does not get looked at until the benefits office dealing with your area get it, so it does delay things. As mine took 8 days from me doing the on phone application just to get to them, then I was told it could take upto 3 weeks from them getting the paper work, delayed also by the bank holidays, I'm looking at no money for at least a month.

 

they could be in for a long wait if they are not signing the forms till the 11th.

 

good luck with it all

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Thanks Cocoriver really appreciate this info makes you laugh it taking so long to get into JC if it was to their advantage they`d have you in pronto my sons partner got nearly 2 week just to get in to sign, suppose next think Council will write to say they not getting their rent/council tax covered oh the joys of being dependent on welfare

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Your welcome, it's a good thing to have this site to get some help from others in the same situations, I'm sure your the same, I have had so much conflicting info from DWP call centre etc, I come on here to get a clearer idea from people who really know from experience.

 

good luck with it all

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Oh so true this site as been a life saver to me I have a brain damaged husband, a scizophrenic son and a bipolar daughter without this site I think I would have lost all hope I have been to hell and back at times. Only today I was saying no wonder so much money lost in mistakes by DWP far more than fraud. Every time you speak to DWP you get conflicting advice each time and to be fair that seems to be the norm in most places HMRC are just the same as my sister was in HR till she died in 2010 leaving me her 3 orphaned sons one being diabetic and autistic she had been widowed 7 years. Wish my family could get a break in all the bad luck we have had over the past few years.

 

Good luck yourself and to all thise unfortunate enough to be reliant on benefits as you are demoralised now being dependent on welfare

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