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Income support -sister being "sanctioned"

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This will be a long post so I apologise in advance, but I hope someone here might be able to give my sister some advice on where she stands.

My sister has dyspraxia which means she has problems taking in a lot of information at once, it also means she has problems with budgeting. It wasn't a big issue as our mum always helped her, but then she moved away to Peterborough to live with her (now ex) partner and after they split up she fell into arrears with her council tax/ water rates. She was working part time as she had a son and was receiving some HB.

She was made redundant and had to go onto IS, at that time the council said she had been overpaid in HB and they started to take some money off her IS to repay this. A few months later her landlord decided that he wanted to sell his house and she moved back to Liverpool, she applied for and was given a budgeting loan to help with the cost of moving, obviously this meant another deduction from her IS.

A few months after she returned to Liverpool, Peterborough council contacted her and said they would be applying for another deduction from her IS to repay the council tax arrears. All these deductions meant that she was only receiving just over £17 a week IS. She asked if maybe everyone could take a bit less each week and she repay them over a long period as she was struggling to make ends meet but was told that wasn't possible and basically tough.

Fast forward a year and she was still receiving under £20 a week IS.

Then last year she had a short relationship lasting a couple of months (they weren't living together as it was early days) she fell pregnant and the dad was off like a shot when he found out :(

Towards the end of her pregnancy she received a letter saying she had to go to a work focused interview, it clashed with an important antenatal appointment. She called the jobcentre co change the appointment, they told her not to worry and that they would send a new one in the post. When sisters baby was born a few weeks later she was seriously ill and in special care for 3 weeks.

Then earlier this week she got a letter telling her she had to go into the jobcentre for an interview, also her IS wasn't paid into her account.

At the interview they accused her of fraud. They kept insisting that her son and daughter have the same dad (they don't her son is 8 years older than her daughter) and that she must be living with him as she has been getting underpaid by about £50 a week. Sister explained about all the deductions but the woman interviewing her just kept saying, but you are being under paid, why didn't you query it. Sis kept trying to explain that she did ask for the deductions to be reduced but they claim they have no record of that, nor it seems the deductions themselves :confused:.

Then they brought up the missed WFI, sis said she had called to cancel as she had an antenatal appointment but again they say they have no record of this and asked why she didn't chase it up. Sis explained about how poorly her daughter was when she was born but then they changed the subject back to how she had been managing on such little IS and how the fact that she got pg again proved she was living with someone. :wall:

They then ended the interview saying that they were "sanctioning" her.....no further explanation of why or right to appeal. They didn't even explain what "sanctioning" means. She's totally confused and upset, she's done nothing wrong and the problem has come from the jobcentre not keeping correct records.

What should she do now? How does she prove that the mistakes are the Jobcentre's because this is where the accusation of fraud seem to stem from.

(if you have got this far thank you!)
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Comments

  • karenx
    karenx Posts: 4,988 Forumite
    Sorry I have no advice for her but just want to say good luck to her getting everything sorted! Sounds like a right mess :(
  • looby75
    looby75 Posts: 23,387 Forumite
    thanks, "a right mess" seems to sum it up perfectly :(
  • SomeBozo
    SomeBozo Posts: 1,195 Forumite
    The one thing that jumps out on me is that they have a valid point! How on earth did she live on <£20 a week? I can't see how it was possible, did she have any other income?

    Bozo
  • looby75
    looby75 Posts: 23,387 Forumite
    SomeBozo wrote: »
    The one thing that jumps out on me is that they have a valid point! How on earth did she live on <£20 a week? I can't see how it was possible, did she have any other income?

    Bozo
    she was getting child tax credits and child benefit for her son (and more recently her daughter) she also got full rent and council tax benefit. She was also getting £10 a week from her Son's father.

    She was living (pre daughter) on about £95 a week (if you don't include CT/HB)
  • freezspirit
    freezspirit Posts: 994 Forumite
    Part of the Furniture Combo Breaker
    What might help is to sit down with your sister and go thru her finances. Write down all her incoming money (wages - I'm guessing she gets child benefits or was that included in her IS?) and all her outgoings.

    If she has kept food reciepts etc to show how much she spends weekly / monthly. It could help if she has another interview to show as evidence. Reading other threads it does appear some people who have families can live off £20/week.

    I'm wondering if she's been living on numberous credits cards making min payments as a way to live.

    Also about children having same father or two different father - she could ask for a dna test to prove that she is telling the truth (extreme I know).
  • karent_2
    karent_2 Posts: 141 Forumite
    Part of the Furniture Combo Breaker
    I think she needs to visit CAB, and speak to a benefits adviser. Good Luck!
  • looby75
    looby75 Posts: 23,387 Forumite
    edited 1 August 2009 at 1:38PM
    What might help is to sit down with your sister and go thru her finances. Write down all her incoming money (wages - I'm guessing she gets child benefits or was that included in her IS?) and all her outgoings.

    If she has kept food reciepts etc to show how much she spends weekly / monthly. It could help if she has another interview to show as evidence. Reading other threads it does appear some people who have families can live off £20/week.

    I'm wondering if she's been living on numberous credits cards making min payments as a way to live.

    Also about children having same father or two different father - she could ask for a dna test to prove that she is telling the truth (extreme I know).
    she doesn't have any credit cards, only a basic bank account (so she can't go overdrawn) With CTC and CB she had £95 a week to live on, it has gone up recently because she now gets extra CTC and CB for her daughter. (about £70 a week more now)

    She's on prepayment meter for both gas and electric so no bills to show, the only debts she has are the council tax/water rates and HB overpayment that were being directly repaid from her IS (or so she thought) She has got all the letters informing her of the deductions (thats one thing she has learnt over the years because of her dyspraxia, to keep EVERY letter she's sent) I doubt she'll have food receipts etc, I know I don't :( The only thing that comes out of her bank account is her TV licence, she has a PAYG mobile and no land line, no sky tv, no internet.

    It looks like she is going to have to have DNA done on her dd anyway as the father is saying she's not his :mad:
    karent wrote: »
    I think she needs to visit CAB, and speak to a benefits adviser. Good Luck!
    She phoned up yesterday to see if she could make an appointment and they only have a drop in centre not an appointment system. Not ideal with a 9 week old baby in tow :( (unfortunately I'm too far away to help with baby sitting and our other sister has a 8 week old baby and a 2 yr old so not much help there either)
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    A few months after she returned to Liverpool, Peterborough council contacted her and said they would be applying for another deduction from her IS to repay the council tax arrears. All these deductions meant that she was only receiving just over £17 a week IS. She asked if maybe everyone could take a bit less each week and she repay them over a long period as she was struggling to make ends meet but was told that wasn't possible and basically tough.

    Attachment of Benefit orders for Council Tax deductions are set in law at £3.25 per week - the council have no powers to vary the rate taken.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • looby75
    looby75 Posts: 23,387 Forumite
    CIS wrote: »
    Attachment of Benefit orders for Council Tax deductions are set in law at £3.25 per week - the council have no powers to vary the rate taken.
    thanks that's useful to know, do you know if there is a similar set rate for housing benefit repayments?
  • SuziQ
    SuziQ Posts: 3,042 Forumite
    I have no advice but just wanted to say I think this is awful-obviously they decided she was guilty even before she sat down. Surely they would have to provide other proof she was living sith someone,other than just managing to live on little money? For a start they could do a check on who they are accusing her of living with as that will show immediately they are wrong! It's a pity you don't live closer to support her. If I was her I woul go to her MP surgery (although this is the wrong time of year I expect as they may have a big break in the summer?)
    Tomorrow is always fresh, with no mistakes in it!
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