Re: Benefit Overpayment and Tribunal

[scotsbabe]

I shall try and keep the story as short as i can.

Over a year ago i went for a Caution Interview with Dwp, regarding having a partner stay with me, I ended up with a substantial overpayment which i have been appealling. My health deteriated and have had mental health issues. I got a lawyer, who took on my case, got legal aid through mental health grounds, had my tribunal hearing the other day but did not win, Facts, was told by lawyer everything the dwp had was circumstancial, no evidence at all, had staements and witnesses at tribunal, i.e. ex partner, their partner of 2 years, neighbour, landlord. Expartner whom is now a very close friend has tenancy agreements going back many years, he did stay the odd night at mine purely to care and help with my disability, however at tribunal, no paperwork was handed in, lawyer handed this in on the morning when my hearing was, should have been in weeks prior, did not state anything regarding my mental status and severe anxiety and that was why he was there, so during my interview i did get confused at times, and because of my confusion declined my case being successfull . I have done nothing wrong except letting this good friend of mine use my home for mail purposes only. I am at my witts end with worry, dont know what i can do next, but also have the problem where the council have now followed suit going only on the basis of what the dwp have told them and now have a large overpayment from them, there is no links no hard proof whatsoever just all circumstancial, oh and also because he was a named driver on my mobility car which was due to me not knowing anyone else that could take me to appointments etc and could drive

PLEASE HELP AND ADVISE!!!! Feel as if the lawyer did not have a clue as to what he was doing, should have also mentioned did not get all witness in

Edited June 8, 2012 by scotsbabe
forgot to add a bit in

[Nystagmite]

I've got no useful advice as such; but has he (or you) spoken to RNIB? They offer benefits advice for blind and partially sighted people and their carers.

[ErikaPNP]

You can ask the upper tier tribunal for permission to appeal the first tier tribunal's decision if there is an error of law. Before you do this, you need to write to the tribunal to request a statement of reasons. You must do this within one month of the tribunal. You may find it helpful to seek free representation for this. Some CAB's offer representation and some local councils have Welfare Representation units. Also as Nystagmite suggested contact RNIB - they may be able to offer help or refer you to a rep.

 

If your solicitor has not acted in your best interests you can complain. Initially you should complain to the firm that he works for.

[scotsbabe]

Thank you for the replies so far, I dont understand why both have stated RNIB as i am not blind or partially sighted, am disabled though.

[ErikaPNP]

Oops! I think both Nystagmite and I got your thread mixed up with another on here.

 

The remainder of the advice stands.

[id6052]

scotsbabe

 

in a social security tribunal, the level of proof required is "balance of probabilities" - therefore the council do not need to prove the case beyond reasonable doubt.

 

where the evidence is circumstantial, it is still relevant - enough circumstantial evidence against you and the tribunal will find against you

 

was your partner your husband, ex-husband or an ex boyfriend? as the rules vary depending upon whether you are married or not

[scotsbabe]

thank you for your reply, my partner was my husband but we separated over 14 years ago, he has had his own partners same with myself, i did inform the council however that i had someone stay the odd night maybe 1 or 2 nights a week some weeks never as he had his own place,

[id6052]

Okay, as you have mentioned separated rather than divorced, am i right to assume you remain legally married?

 

If you are married to an alleged partner, the test that is applied is whether you living in the same household

 

As ErikaPNP advised previously, the first thing you should do is write to HM Courts and Tribunals Service an obtain copies of : -

 

1. the Record of Proceedings (these are the judges notes from the hearing)
   
2. the Statement of Reasons (this is a more detailed explanation as to how the judge came to his/her decision)
   

 

 

As soon as you get these documents, you need to speak a Welfare specialist who can assist you with trying to identify an error of law.

[scotsbabe]

I am now divorced, but for the period they have claimed back money yes, i was still married but being honest did not even cross my mind as to being married as i lived a single life for over 14 years which is a long time, is his tenancy agreements not proof that he was not living with me? Also dont know if you can help inn this matter, but can the lcoal council evict you for rent arrears?

[Nystagmite]

Can he prove that he lived his own life, in terms of tenancy agreements, bills, etc?

[scotsbabe]

yes, with tenancy agreements and also of his former partner for 3 years and his now partner of 18 months, problem is he used my address for mail purposes as he was having probs at his first tenancy where he was renting a room within a flat shared by another 4 people and found my home to be safe for this purpose and also because he near enough was at my house checking on my because of my illness/disability

[scotsbabe]

I am at my witts end here, as i now have lost first tier tirbunal have a very large overpayment of more than £10,000 for something that i have not done, i have never taken money from him, only stayed the odd night sometimes never, are totally indepaendant and non dependant of each other, all evidence was there, but because my head is not where it should be and i get stressed, confused so easily and mix things up, i loose my case..........does not seem fair, judge at tribunal only spent about ten minutes listening, now that council are also following suit without investigating me, have that overpayment also, and call today saying about court because of rent arrears, i am in fear of loosing my house, can this happen ? I dont even get £100 pw have been on benefit for years as i cannot work

[id6052]

have you appealed against housing benefit and council tax benefit overpayments?

[scotsbabe]

No i have not appealed against them yet, was just told that they overpayment from them was because of what they dwp said, (as in that i had a partner staying with me for ? period of years) which as i have stated is not true, all i have done is ask them for a statement of reasons for their decision but as yet have not had a reply

[scotsbabe]

Sorry should have also said that, the phone call i goty today about court proceedings regarding rent arrears are just from feb this year till now....... hence i am on benefit of under £100 a week had to fill in another housing benefit form dont know reason why back in february and as yet they still have not decided if they are going to allow me housing benefit, a few weeks ago they had asked for"as they call, my so called partner" his address, which i gave them but thought it was none of mine or their business as i have nothing to do with him and now legally divorced . But i have been waiting now 4 months now to see about my housing benefit and they still not come to decision but was told today i should have been paying rent which is £80pw which would leave me £12pw to live on and pay bills etc

[id6052]

if hb/ctb were not part of your previous tribunal, you have a separate right of appeal against those decisions, in which case you should appeal, a different judge might reach a different decision

 

in respect of your latest claim, assuming you have provided all the evidence requited, the council should have made a decision within 14 days, if they have failed to do so, submit an official complaint addressed to the chief executive

 

in relation to dwp overpayments, you need to get specialist advice to see if you can challenge the judge's decision

[scotsbabe]

thank you once again for your help