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    • casseus
    • By casseus 12th Oct 17, 12:03 PM
    • 96Posts
    • 43Thanks
    casseus
    URGENT! Social Fund question!
    • #1
    • 12th Oct 17, 12:03 PM
    URGENT! Social Fund question! 12th Oct 17 at 12:03 PM
    OK guys need some assistance with this.


    I claim esa Conts support group, My wife is a merely named for info as she claims Income support Inc Based, My ESA is Deducted from her IS she also Claims carers for out disabled child.


    Last month social fund wrote to her to tell her that they will be taking £58.50 form her carers allowance per week.
    We appealed this and they are now taking £28.68 from here carers


    Had a letter today stating that my wifes social fund loan is now repayable from MY ESA! of £28.68 per week.


    I called them, They state this is perfectly fine to do as they can legally take money from me for her debt as her name is mentioned in my claim for ESA.


    Can some one please give me guidance on this as I don't think they legally have the entitlement to do this at all.


    EDIT: Woman called back from Social fund from inverness, Apparently They can and will take from ESA and wont take it from her carers like before because the system picks and chooses a viable benefit to take it from as a HOUSHOLD INCOME and cannot be changed.


    Baiscally telling me money that comes into any household can be deducted for Anyone in that households income for anyone in the household who has a "social fund debt".


    But yet when my just spoke with them I gave written authorisation for them to take it from my ESA!! either someone is commiting fraud and forging papers within the DWP and social fund department or I'm being fobbed off and lied to! I would never ever agree to putting my name to someone elses debt ever!
    Last edited by casseus; 12-10-2017 at 12:41 PM.
Page 1
    • pmlindyloo
    • By pmlindyloo 12th Oct 17, 12:45 PM
    • 10,734 Posts
    • 12,623 Thanks
    pmlindyloo
    • #2
    • 12th Oct 17, 12:45 PM
    • #2
    • 12th Oct 17, 12:45 PM
    Can you just confirm?

    Is only one payment being made - from your contribution based ESA? Or two - one from your ESA and one from your wife's Carer's Allowance.

    This is the guide:

    https://www.gov.uk/government/publications/the-social-fund-technical-guidance/the-social-fund-technical-guidance

    If I am reading it correctly then if they can't take it from an income based benefit then they can take it from a contribution based benefit or CA.

    Not sure why they have changed it from the CA to your ESA. Have you asked?

    I am willing to be corrected but as far as I am aware as man and wife/partners they look at your claims as a whole.

    I do know that you can appeal the amount if this causes hardship. I see you have appealed once. Did you send in an income and expenditure form?

    I know here you are coming from, that the contribution based ESA is your income, but logically since it is being taken from your wife's Income Support then you have, in effect a joint claim.
    • casseus
    • By casseus 13th Oct 17, 12:55 PM
    • 96 Posts
    • 43 Thanks
    casseus
    • #3
    • 13th Oct 17, 12:55 PM
    • #3
    • 13th Oct 17, 12:55 PM
    Any household income no matter who they are as long as they are declared on a IS CA ESA UC NS-ESA or in employment joint claim or not, can see someone in the household who holds a SF debt be deducted of money for the Debt regardless if the debt is not theirs as explained by inverness department. So in affect so long I owe a SF debt and say live with you, your money working or not is fair game to recover my debt from so long as you have declared me living in the household with you or named me on any benefit as I claim a benefit myself and that department refuse to allow recovery of that debt form my benefit.


    That's how she explained it to me.


    Then when my wife called them, it was erm, sorry CA wouldn't allow recovery of the debt from them, as IS is not enough to cover the payments, we took it from your husbands ESA to which he signed a consent for agreeing to.


    Now I know I signed nothing of the sort. so wife asked to see proof of such letter and to fax or email this consent letter to us.
    The operator wife spoje with said he needed to get consent to do that and needed to speak with a manager and would ring back within 3 hours.


    2 1.2 hours later and a call back to say, There is no such letter although states on the system there is so a internal investigation is underway to find out way but we'll never find out the outcome as its internal processes and data protection laws wont allow them to inform us of any outcomes.
    CA still refuse to allow the payment to come out of that benefit, he wont tell us why and they wont to us why as that's also subject to internal investigations.


    He knows that having it come out of my money leaves me short over a 2 week period, so he has authorisation to reduce the amount by £8.00 perweek.
    It will remain to come out of my ESA, as although internal guidance and policy was not followed they are entitled to take it form me as its seen as a joint claim and a main household income after the refusal of CA to allow repayment as her IS wont cover the repayment requested weekly.
    He told wife to credit me back the money that's deducted from her CA by taking it out the bank and giving it to me. and that is the end of that according to them.
    • Lioness Twinkletoes
    • By Lioness Twinkletoes 14th Oct 17, 10:38 AM
    • 1,078 Posts
    • 3,497 Thanks
    Lioness Twinkletoes
    • #4
    • 14th Oct 17, 10:38 AM
    • #4
    • 14th Oct 17, 10:38 AM
    I'm confused - you live together. You claim a raft of benefits. At some point your wife got a social fund loan (and I am assuming you helped spend the money, but that point is kind of moot). You have to repay the money. You borrowed it. You have to repay it. You live together - you share your house, your bed, your food and, I presume, your income?

    What difference does it make whether it comes from Carers Allowance or ESA?
    • nannytone
    • By nannytone 14th Oct 17, 3:08 PM
    • 12,193 Posts
    • 18,101 Thanks
    nannytone
    • #5
    • 14th Oct 17, 3:08 PM
    • #5
    • 14th Oct 17, 3:08 PM
    i agree with above.

    if you CHOOSE to run your finances separately, then that is your right and your decision.
    but you can't expect the system to accommodate your wish to keep everything separate.
    benefit is paid for the household and not the individual
    • epitome
    • By epitome 14th Oct 17, 5:24 PM
    • 2,855 Posts
    • 1,773 Thanks
    epitome
    • #6
    • 14th Oct 17, 5:24 PM
    • #6
    • 14th Oct 17, 5:24 PM
    I am left wondering what the problem is?

    The OP has already said the DWP informed him....the computer selects which benefit to take it from and it cannot be changed.
    The money is only being taken once.

    Ask your wife, your carer, your partner, your life long companion to give you back "your money" if you want to. (note the only thing I put in quotes there was "your money")

    I strongly suspect there is legislation somewhere, that allows them to deduct from your income, as you are named as her partner on her claim to benefits. I doubt they need written authorisation from you.

    OP what do you do with your £219 a fortnight? How do you spend it? on what? amounts? etc
    Last edited by epitome; 14-10-2017 at 6:31 PM.
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