Jump to content


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

ESA migration for Disabled Student


CDJ755
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3684 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi

 

I hope someone can help me,

 

I have been in receipt of Disability Living Allowance Higher rate care & mobility since 1999. I have also been in receipt of Severe Disablement Allowance (SDA) continuously since 1998. My benefit didnt stop when they scrapped SDA and replaced it with Incapacity Benefit. I was just told I could remain on SDA indefinatly. This was also the case when they scrapped Incapacity benefit for Employment and support allowance. My benefit didn't change.

 

Alas, I have today received a form ESA50 to migrate from SDA to Employment & Support Allowance. I knew this would happen sooner rather than later due to all the benefit changes etc.

 

Having read the rules for exemptions for medical assessment I notice that I may fall into one of the categories for exemption of the assessment and am seeking confirmation that I am correct.

 

I am a mature student (age 34) studying 5 GCSE's on a full time college course. I have been on the course since Sept 2013. I read on a website that as a student who is in receipt of DLA then I am treated as having Limited Capabiliy for work.

 

Please can somebody clarify this information.

 

To give you some further info about my circumstances...I live with my husband and 3 children. My husband works full time but earns minimum wage. We also receive tax credits and some housing benefit.

 

I'm also wandering where I stand with claiming ESA due to my husband working and if this impacts on my exemption from the medical as I am a student.

 

Hope this all makes sense!

 

Thanks in advance

 

CDJ755

Link to post
Share on other sites

students is not my area, but I'm not aware of a WCA exemption for disabled students. The only exemption I'm aware of is that certain full time disabled students are able to claim ESA, where as regular students can't.

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

Link to post
Share on other sites

Hi thanks,

 

This is an extract from a website

 

A claimant can also be treated as having limited capability for work in respect of certain (usually time-limited) situations. These are the following:

 

For the purposes of meeting the condition of having had limited capability for work for 196 days in order to qualify for contributory ESA through the youth route, a claimant will be treated as having limited capability for work on any day when they were entitled to SSP.8

For income-related ESA, they are a student in education and in receipt of DLA and does not count as a 'qualifying young person' - i.e. as in for child benefit.9

 

Does this make sense to anybody!!??

 

Thanks

Link to post
Share on other sites

Hi thanks,

 

This is an extract from a website

 

A claimant can also be treated as having limited capability for work in respect of certain (usually time-limited) situations. These are the following:

 

For the purposes of meeting the condition of having had limited capability for work for 196 days in order to qualify for contributory ESA through the youth route, a claimant will be treated as having limited capability for work on any day when they were entitled to SSP.8

For income-related ESA, they are a student in education and in receipt of DLA and does not count as a 'qualifying young person' - i.e. as in for child benefit.9

 

Does this make sense to anybody!!??

 

Thanks

 

 

That's about 'youth' claimants, and as you're 34, it doesn't apply. It also doesn't mean what you think it does.

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

Link to post
Share on other sites

Hi again,

 

Sorry this is a link to the government website.

 

It says on it about disabled students on page 11/12 (special circumstances section). It's the very last bullet point of the list of special circumstances. It does not specify about "youth" or otherwise.

 

Please can somebody clarify this, thanks.

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/248826/esa214-rev-oct2013.pdf

Link to post
Share on other sites

Ok, so after digging around (I don't know a lot about student claims), I found this:

 

 

http://www.rightsnet.org.uk/forums/viewthread/3797/

 

 

Which seems to suggest that the guidance you quoted in #6 is somewhat incomplete and that the exemption for disabled students is only those in receipt of income based ESA, and only in respect of the LCW and not LCWRA.

 

 

What this means is that you need to be in full time education. You need to be in receipt of income based ESA and in receipt of DLA and then you can be treated as having LCW. But it doesn't mean you can't be assessed, as you would need to be in order to decide if eligible for support group.

 

 

As a migration you would be on contribution based ESA and therefore would not appear to be exempt from assessment. Given your situation it is preferable anyway to be on contribution based benefit as you would not be likely to qualify for an income based benefit with your husband working. You also need to be assessed for support group, because if you do not get put in support group, your contribution based ESA will only run for 365 days.

 

 

Anyone else want to weigh in? Anything to add or correct?

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

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...