Appealing IUC Decision - Is it Wise to Make a New Claim?

[LifeIsAMess]

Hi all

 

I had an IUC back in March which I'm appealing the decision of. It's all very sketchy. I've no idea if they intend to take me to court or not. I have the bundle of papers sent through and the transcript does not match up with what was said on the day so I need to request a copy of the tape too. My advocate also agrees there are things in there I did not say and things in there that the FIS didn't say. It's full of lies to say the least.

 

Anyway that aside...about a week after my IS was stopped someone from DWP phoned me to confirm my bank details to start paying me CONTS IB. I wasn't asked to fill in any forms or anything so didn't have to actually state my living arrangements, however, I've now to be reassessed for ESA and I don't know what to do.

 

If I put down on the form that I'm single and have a lodger/flatmate they may think I'm lying again and open another case and obviously I can't put down that I'm in a relationship because that's not true so what's the best thing to do? My mum seems to so think that by not claiming at all is an admission of guilt but I don't agree....they scared and bullied me at my IUC and really I want nothing more to do with them. I'm looking into selling my house, moving into somewhere cheaper and living off the profits or attending college. I realise this isn't a long term solution but it might see me through until all this investigation is over. Course all that is going to take time too, my mum said she would help me out but I don't want to rely on her for too long. I get high rate DLA care so will have to cut out the extra things I bought for my disability. My mortgage is nearly paid off and is just over £100 a month so I might just be able to manage.

 

Does anyone have any advice please?

 

Thank You

[fedupandold]

I don't know what the answer is, but I do feel for you.

 

A friend a few years back was actually living with a guy but for all intents and purposes she was renting a room in his house. He gave her a rent book and a rental agreement.

She made a claim for housing benefit for the 'rent'.

Bexley Council got wind of this arrangement and sent out one of their investigators. She showed them her room, where her food was kept etc. They weren't convinced that is until she told them that the guy (boyfriend) who owned the house was as gay as gay could be and that there was no way there could ever be any form of relationship.

 

The council accepted that without question and paid her 'rent' for her for over 3 years until they broke up.

 

Totally wrong and illegal but it does go to show that guilty ones get away with it and the honest ones that just let out a room to a friend are accused of co-habiting.

 

Totally unfair on the innocent ones that aren't devious enough to set the arrangement up in the right (wrong) way.

[LifeIsAMess]

Hi, thanks for replying. I wasn't letting out the room as such. He pays for for sky and broadband/phone plus does a lot of DIY around the house. Housework, taking the bin out...all the things I can't do because of my disability. Because my mortgage is so small and we've been friends for so long it just didn't seem right to charge him rent on top of all that.

 

I told them all this, was completely truthful in my IUC because I thought well surely if I told the truth they would see how it all fit in but no.

 

They said I should have let them know he had moved in but I honestly didn't think I had to because he wasn't actually paying me any money and I don't claim HB so I was under the impression I could have whoever I wanted to stay under the roof of the home that I've paid a mortgage on for 12 years but apparently not. I'm guessing that's why they haven't come to my house, because I own it, either that or they just don't want to be proven wrong. I guess another bedroom proves nothing anyway.

 

We've had our bank accounts scrutinised and everything checks out with what I told them. What kind of world do we live in when someone else paying for sky and broadband can land you in court??

[estellyn]

You need to find out first if your claim has been ended or suspended. If it has been ended, then you need to appeal that decision and make a new claim - though you may have to claim ESA.

 

If the claim is just suspended, then there is nothing you can do until a decision is made.

[LifeIsAMess]

Hi estellyn, thanks for replying.

 

They ended my income based IS claim after my IUC and put me onto conts IB over the phone without asking me any questions.

 

My worry is now about claiming ESA obviously I'll have to fill out details of my living arrangements etc so they will have it on paper with my signature and I fear they may use whatever I say against me in some other way. For example: I claim ESA as a single person and because they still think I'm living with a partner they try and pull me in for fraud again but I don't see what else I can claim as? I'm too scared.

 

I have an appeal in motion for the overpayment decision and the fact they think I'm living with a partner. I'm just waiting on a tribunal date and gathering evidence.

[estellyn]

Are you being paid conts IB, or just receiving credits?

[LifeIsAMess]

I'm being paid conts IB.

[45002]

I don't know what the answer is

 

.

 

Me too after reading OP previous thread in April 2013

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?389692-Attended-IUC-Any-advice

 

 

Anyway basically I've allowed a male friend to stay with me for around the past 18 months but have allowed him to use my address for a lot longer than that. .

 

Is this male friend still living with you ?

[LifeIsAMess]

Yes he is at the moment...reason being I can't live alone and have nobody else to move in with me. I absolutely need someone here to do things for me because of my disability which was made even worse by a car crash I was in 8 weeks ago...2 days after I received their decision funnily enough. Added to that he can no longer get credit (possibly due to DWP poking around at his credit record?) he's never been refused before that he can remember so getting himself a mortgage or renting somewhere is out the window. Even renting requires passing a credit check now. He's tried...if they need proof they can check that out too. And if/when that happens I'll sell up and move back in with my parents.

[estellyn]

I'm being paid conts IB.

 

They should just swap you over (assuming you pass the atos assessment) without any drama to cont based ESA. You would have to fill in a form again if you put in a claim for income based ESA.

[antone]

Added to that he can no longer get credit (possibly due to DWP poking around at his credit record?)

 

No. The DWP does use credit files for fraud prevention reasons (sometimes, though not as a matter of routine), but such searches will not adversely affect credit.

[LifeIsAMess]

They should just swap you over (assuming you pass the atos assessment) without any drama to cont based ESA. You would have to fill in a form again if you put in a claim for income based ESA.

 

Thanks estellyn, I'll apply for conts based to avoid any upset or further agro. Thanks for your advice.

[LifeIsAMess]

No. The DWP does use credit files for fraud prevention reasons (sometimes, though not as a matter of routine), but such searches will not adversely affect credit.

 

Yes I know they did because they told me but I wasn't sure if it would affect it. Just seems really strange timing. He said this is is the first time he's ever been refused. I was home when he phoned so I know how devastated he was.

 

Thanks for your help all, much appreciated.