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    • depends what the fees are, typically nothing can be added once judgement is passed bar litigation costs. on document retention time limits etc at least 6yrs previous must be held though many hold complete info. as for acronyms and abbreviations ideally yes they should     
    • Still have to submit a statement either system....if they fail they can only give verbal because they failed to file and serve.
    • OP stated they had been arrested, but not charged (let alone convicted). They DON'T have a criminal record, but do have an entry on the PNC. That information stays on the PNC (Police National Computer) for life, but doesn't get released in a standard DBS. It only MIGHT get released for an Enhanced DBS (eDBS) check  ... but it would be incredibly unlikely. (The rational behind this is that eDBS's allow for 'information at Chief Officer of Police's discretion' ..... this covers the 2 'barring lists' and is also intended for the scenario where someone has multiple arrests or investigations, where safeguarding is a concern .... it was brought in after the Soham murders / Ian Huntley case, where the information known about the now-convicted child murderer may have prevented his employment in a school, had it been made available). So, for the sake of accuracy and completeness, arrests stay on the PNC for life, wont appear in a standard DBS, MIGHT appear in an eDBS, but in reality, would be the exception rather than the norm, and I can't see them being released  to a defense barrister. What then if the defence found out a different way, and brought it up in court?. Again, unlikely, but the important feature is that the judge would make sure they trod very carefully!. They MIGHT consider using it if there were other factors that allowed them to try to cast doubts as to the truthfulness of your evidence, but on its own : No way. Anyone MIGHT be arrested (if a seemingly plausible complaint been made against them)! The approach to take if it did come up is to be truthful. "Yes, I was arrested. It arose from a vexatious complaint. I wasn't charged, let alone convicted. That could happen to any one of us, if a vexatious complaint gets made" Far better that than lying, saying you'd never been arrested, and getting caught in a lie : that would ruin your credibility. I'm incredibly doubtful it will even come up, though.
    • we dont get N157 because its new OCMC but no court dont have evidence either.   Just seems a bit of a pointless wait but oh well
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Carers Allowance Payments


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Hi all

 

Not sure if this can be dealt with here, if not please delete! Thanks :p

 

My wife claims Carers Allowance for my father. He receives Pension Credit and State Pension (if that's how it is broken down).

 

Since my wife has claimed Carer's Allowance I have had my money reduced by the same amount from my ESA, which is what we expected to happen - in other words we are not financially gaining as far as I can tell.

 

Today my father had a letter from the Pension Service advising him that his pension Credit will be reduced by the same amount as the Carer's Allowance my wife claims for him.

 

So they are taking the amount of Carer's Allowance from my income (full amount) and from his. Surely they can't take the same money of both of us? Any help if possible will be appreciated.

 

Many Thanks.

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The money they're taking away from him sounds like a severe disability premium. You can't claim the severe disability premium and someone claim carers allowance for you.

 

You should receive a carers premium with your ESA. This is worth roughly £30 a week.

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Thanks for that.

 

He doesn't receive Severe Disability Premium and has never claimed that. I have recently moved from ESA - Contribution to ESA Income based. All the time though that my wife is claiming Carer's Allowance I have nearly all that same amount deducted from my ESA, I certainly don't receive any extra. Don't know if this helps.

 

Thanks.

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Thanks for that.

 

He doesn't receive Severe Disability Premium and has never claimed that. I have recently moved from ESA - Contribution to ESA Income based. All the time though that my wife is claiming Carer's Allowance I have nearly all that same amount deducted from my ESA, I certainly don't receive any extra. Don't know if this helps.

 

Thanks.

 

He wouldn't know he was getting severe disability premium, it is just an extra amount of pension credit for those in receipt of MRC/HRC DLA or Attendance Allowance, living alone who no one claims carer's allowance for.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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He wouldn't know he was getting severe disability premium, it is just an extra amount of pension credit for those in receipt of MRC/HRC DLA or Attendance Allowance, living alone who no one claims carer's allowance for.

 

He claims the highest rate of DLA (Care component and Mobility side). So are you saying that Severe Disability Premium is automatically paid? I see no reference to this in any of his paperwork.

 

Also if that is the case the Government are on to a really good thing here. They pay my wife carer's allowance and take the money off me, then they take the same money off my father meaning they get double back what they pay out! Good scheme for them. I will need to cancel the carer's allowance straight away Monday morning - I'm not paying the government so we can look after my father - we do that for free :)

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He claims the highest rate of DLA (Care component and Mobility side). So are you saying that Severe Disability Premium is automatically paid? I see no reference to this in any of his paperwork.

 

Also if that is the case the Government are on to a really good thing here. They pay my wife carer's allowance and take the money off me, then they take the same money off my father meaning they get double back what they pay out! Good scheme for them. I will need to cancel the carer's allowance straight away Monday morning - I'm not paying the government so we can look after my father - we do that for free :)

 

If they're taking it off of him, then he must have been getting it. But yes, in your situation the rules are unfair. When the caring is in a household, say if your wife were your carer, you would have a net increase of just over £30 between you. But in your case there is a net loss over the two households.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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Thanks for your help guys. All seems clear now, will cancel the carer's allowance first thing.

 

Just one more question :p

 

My father should be able to get the amount back with his Pension Credit once the carer's allowance is cancelled? Is that right?

 

Cheers

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Thanks for your help guys. All seems clear now, will cancel the carer's allowance first thing.

 

Just one more question :p

 

My father should be able to get the amount back with his Pension Credit once the carer's allowance is cancelled? Is that right?

 

Cheers

 

He may need to complete a short form.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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