I have recived a letter asking me to come in and do a interview under caution

sharski

Hi again,

You won't find the guidance published anywhere... I know about this legislation because it's my job!!! I work for JCP & am directly responsible in my office for calculating IS end dates, booking 'switcher appts' so LP can swap benefits, etc, etc.

At the time of your benefit switchover, your adviser DID the correct thing by telling you to claim ESA - no-one at the time (apart from perhaps some big wigs at DWP!!) knew that what was being advised was actually incorrect. However, if you are going to contact DWP to appeal being put on ESA, be aware that not everyone is aware of the LP changes & rules... therefore, either ring Benefit Delivery Centre (BDC) & ask to speak to the team that deals with 'Lone Parent Obligations' or, even better, contact your previous LP adviser at the JC & tell them you wish to appeal as you've heard that DWP 'got it wrong' - they should be able to advise on what to do! The ESA advisers will also not know about the LP changes.

Any more probs, let me know..

sharski

Also had a bit of a trawl.. take a look at this:


http://www.esda.org.uk/loneparentobligationtemporarychangetoprocess/828


Like I say (and previously mentioned by NASA), this is only a temp measure whilst the DWP lawyers get their heads sorted!

During Phase 2 of LP changes, LP who cannot work due to ill health WILL have to claim ESA. This temp IB workaround is only for those on Phase 1 (i.e. youngest child 12 & above).

AsknAnswer

All legislation in regard to benefits (and other matters) is publically available for free. Internal guidance is not generally published however, everyone has a right to see it in accordance with the Freedom of Information Act 2000.

To see copies of any internal guidance you can request this under the freedom of information act here: http://www.whatdotheyknow.com/

severina_2

jctski wrote: »

As for IS, I was told by the lone parent adviser I had to come of IS because my younger daughter turned 12, and under new rules for lone parents this is the case, I did have the disabilty premuim attached to IS at the time, which now I do not get, so I have less money coming in now, I didnt know about this, i will look into this, Thank you again x

i'm a lone parent on IS with disability premium, about to be moved onto ESA as my girl has just turned 8, i've been told by 1 member of staff, that i have to change over, and 1 says i don't have to.. Both have told me that i won't loose my disability premium, reading that you have lost yours is now making me panic as my carer is only part time and i use this premium to pay them (p/t carers can't get carers allowance)

sharski

severina...

You come under 'phase 2' of the changes &, therefore, DO have to go onto ESA.. however, I've got a sneaky feeling that, as you already get a disability premium, you will bypass the 'assessment phase' rate - this would mean you would only be £1 odd worse off rather than £25 odd...
Like I say though - don't quote me on this - I read this online whilst trawling through looking for other stuff:

http://www.opsi.gov.uk/si/si2008/draft/em/ukdsiem_9780110843285_en.pdf

jctski

sharski wrote: »

Also had a bit of a trawl.. take a look at this:


http://www.esda.org.uk/loneparentobligationtemporarychangetoprocess/828


Like I say (and previously mentioned by NASA), this is only a temp measure whilst the DWP lawyers get their heads sorted!

During Phase 2 of LP changes, LP who cannot work due to ill health WILL have to claim ESA. This temp IB workaround is only for those on Phase 1 (i.e. youngest child 12 & above).

Thanks for the link x

jctski

severina wrote: »

i'm a lone parent on IS with disability premium, about to be moved onto ESA as my girl has just turned 8, i've been told by 1 member of staff, that i have to change over, and 1 says i don't have to.. Both have told me that i won't loose my disability premium, reading that you have lost yours is now making me panic as my carer is only part time and i use this premium to pay them (p/t carers can't get carers allowance)

Well all i can say, that when I went onto esa, I thought too that I will still get the premuim, but was told no, so I dont know whats going on with me anymore :-(

jctski

sharski wrote: »

Hi again,

You won't find the guidance published anywhere... I know about this legislation because it's my job!!! I work for JCP & am directly responsible in my office for calculating IS end dates, booking 'switcher appts' so LP can swap benefits, etc, etc.

At the time of your benefit switchover, your adviser DID the correct thing by telling you to claim ESA - no-one at the time (apart from perhaps some big wigs at DWP!!) knew that what was being advised was actually incorrect. However, if you are going to contact DWP to appeal being put on ESA, be aware that not everyone is aware of the LP changes & rules... therefore, either ring Benefit Delivery Centre (BDC) & ask to speak to the team that deals with 'Lone Parent Obligations' or, even better, contact your previous LP adviser at the JC & tell them you wish to appeal as you've heard that DWP 'got it wrong' - they should be able to advise on what to do! The ESA advisers will also not know about the LP changes.

Any more probs, let me know..

Thank you for help, I am still in a mess over this, if anything worse, been reading so many horror stories about why they can decide that your are 'living together' and will prosecute, I have been very ill since this has happened, I am due at the pain clinic Monday and I am not sure how to get there now, because this is something my Ex would do for me, to take me there and back, and I also the pain clinic will pick up on the fact I have got worse since last Monday and will be asking why, what on earth do I tell them, I cant just blurt out I am under benefit fraud investigation to them, how embarrassing is that for one, two, people judge very quickly. I am thinking the worse will happen now after reading into others stories, and I thinking dreadful thoughts, like wishing I was dead right now, I gave up smoking for 2 years, and 3 days ago started again, this has made me feel worse, Until I get to that interview, as much as I don’t want to go and feel so shaky even thinking about it ,I will not know what they have on me as in evidence, I have been sitting in my hose since this has happened, curtains shut, wont answer the door, I have become paranoid, some Jehovah witness called this morning, my daughter got the door before I could say anything, I saw two people in suits and collapsed on the floor, I thought I was being raided by the dwp, my daughter doesn’t know what’s going on, and thought I was having a heart attack or something, this is how bad I have become since this letter, I am a wreck :-( I know people are saying dont worry, if i can prove this and that etc, but like i said, stupidly i have 2 bills with his name on, he has an ebay account i use, this address, sold stuff on it, tat from home we no longer use, money goes into his paypal account he pays me it once he gets it, all of it no more than £150 in last 4 months, but half of that is my daughters stuff that was sold on, so they was given the money, ie old clothes they dont fit anymore, old horseriding stuff they used to do when i used to be able to afford it for them when i did work etc.... oh well, today is another day, one day closer, and i just want it over with now x

kelloggs36

I haven't read all the posts so apologies if this has already been established: There has never been any 3 night rule - it is an urban myth. Each case will be determined by what answers to questions you give in terms of your relationship. They have a range of questions to ask you in respect of this, which may result in you being deemed to be living togehter as husband and wife, or not. Impossible to say on a forum such as this. You then will have the right to appeal against their decision if you get an overpayment decision. But to be clear - it is not safe to assume that you can have a boyfriend/girlfriend over to stay for any number of nights as it COULD affect your benefits.

mandycr

kelloggs36 wrote: »

I haven't read all the posts so apologies if this has already been established: There has never been any 3 night rule - it is an urban myth. Each case will be determined by what answers to questions you give in terms of your relationship. They have a range of questions to ask you in respect of this, which may result in you being deemed to be living togehter as husband and wife, or not. Impossible to say on a forum such as this. You then will have the right to appeal against their decision if you get an overpayment decision. But to be clear - it is not safe to assume that you can have a boyfriend/girlfriend over to stay for any number of nights as it COULD affect your benefits.

all u have said is true, i have heard of the 3 night rule, put as one may have a partner stay over on 3 nights per week but never 3 consecutive nights as this may seem as a relationship between both parties, load of rubbish as u said it is all decided on each indvidual situatio, ie do u share the chores both pay bills all can seem like a partnership to dwp and therefore u must claim as a couple.