benefits tribunal help

suelees1

LA benefit teams and some CABx as well as any other not for profit agencies in your area might help.

The problem for you is that solicitors and law centres are funded by the Legal Services Commission (LSC) which took over from the old Legal Aid Board. To be financially eligible for advice your income must be below a certain amount. However even if you were entitled to funding for advice and assistance the LSC does not fund representation at appeal tribunals (very unfair as it means there is no access to justice for these types of tribunals)

CABx are also part funded by the LSC and so you'll find quite a few of them won't represent either because of this.

This link is a directory of many firms/agencies.

http://www.communitylegaladvice.org.uk/en/directory/directorysearch.jsp

Put in your postcode and tick the box for those which specialise in welfare benefits. Some will be the firms funded by the LSC but others might be able to help. You should either try a few numbers and ask then or ring the 0845 nbr given on the website (sorry I don't think there's a geographocal number for it but you can try www.saynoto0870.com )

christine_chris_chrissy

thank you
I had a previous appeal date it was adjourned I had forgotton that.
The judge said I had 2 appeals & they should be heard together.
I had submitted up to that point but I/s had not
I have got a fat file of things to present
Interview was taped
benefits stopped in 08 when I informed J/S at that point ( I had been on income support with sick note untill the new capability medical)another story :eek:
yes I have copies
I have details of where my boyfriend was living bills etc
His mail went to him at his house.
any financial stuff of his would have gone to him at his address
He had nothing official sent to me he did not live with me.

leemack

Try and find a rep in your area before your next hearing date, a good rep can make the world of difference to the outcome. You need someone to pull together all of your evidence, see if there is anything additional required and write a submission stating your case. Have you tried contacting your appeals venue, they will have knowledge of organisations that rep at your venue, the clerk may be able to point you in the right direction. Alternatively the LA may be able to point you in the direction of a local organisation.

As others have said, without knowing what your documentary evidence is or the full story or reading the submissions by the DWP and LA, nobody here can do anything except point you in the right direction or give you basic general advice on the process.

unemployedJCP

You may wish to consider further action in the county court after the Appeal Tribunal. If all this is from an false allegation of hearsay from a spiteful neighbour it seems pretty unfair that you have to go through with all this.

christine_chris_chrissy

This info is taken from a letter to tribunal sevices to let them know the problem i am having
it gives you an idea of the effort made to get a rep
cab royston
walkers solicitors royston(recommended oldhams)
oldhams solicitors baldock still waiting for my call to be returned
beds cc welfare rights referred me to cab
monica lentin & co cambs
shelly & co who maybe able to help me at a later stage
biggleswade cab who referred me to
ampthill cab i had an appointment(50 mileround trip)& finally they said we can not help,they gave me
beds community rights & national debt line!
Cambridge cab can not help
community legal services (cls)cost involved was unaffordable to my self
law for all said they cannot help
cambridge law centre could of helped but timing would be too late they referred me to
cab cambridge

christine_chris_chrissy

unemployedJCP wrote: »

You may wish to consider further action in the county court after the Appeal Tribunal. If all this is from an false allegation of hearsay from a spiteful neighbour it seems pretty unfair that you have to go through with all this.

I would love to ! but maybe I have had enough,we can't afford help now so we will be glad when it is over.

Welshwoofs

Tick the 'remember me' button next to the log-in and then you won't keep getting thrown out whilst you are typing your postings:

christine_chris_chrissy

healy wrote: »

Have you tried your local council, they often have welfare rights officers who can help.

Another alternative is the disability organisation DIAL.

thankyou but I am not dissabled

leemack

Then if you can't get a rep you may well have to represent yourself.

Get together all your evidence to support your case and the submissions that have been written by the LA and DWP.

Firstly establish the case against you. Is the only allegation that your boyfriend was living with you? What evidence have the DWP and council put forward.

If this is the only issue then make a timeline for the whole period in question, make sure you have evidence for your boyfriend's residence for the entire period. Write down each address, the dates resided and the evidence that you have proving residence, make sure there are no gaps.

Go through the submissions line by line and try to 'answer' any point they make. Only you will know why what has been alleged is wrong - write all of this down. Why might the neighbour have thought your boyfriend was living there, or does the neighbour have some reason for giving misleading information - write all this down too.

Type everything you've written up into a statement, try and organise the statement into sections so it is as easy as possible for the tribunal to understand.

Tribunals decide on a balance of probability in these type of cases. In order to be successful an appellant has to have more evidence in their favour and called into question as much of the evidence of the LA/DWP as possible.

Hope that's of some help. Its pretty bad that you can't find non legal help funding in your area. I assume you're in beds or cambs, my sister lives in northants and there's some non legal help funding there.

christine_chris_chrissy

Vixie_Pixie wrote: »

it seems so unfair, they cannot take your benefits back to 03 for that surely! 08 yes..

Yep you are definately entitled to a representative and i would always exercise my right to one!
a statement of fact is only what the LA/DWP submit to the tribunal. You have the right to argue against that - esp if you have the proof! If you don't mind me asking - what date was your Income Support withdrawn? - HB should be taken back to sunday following your IS stopping. What reason was on your HB o/p notification letters?

I have just been going through my papers
I informed dwp JS on the form you get when you are on JS & kept a copy luckily & COUNCIL I phoned them & they told me to get my boyfriend to phone them so he did,...but then I get a letter saying my benefits have been suspended because they believe I have not informed them of a change of circunstance,but this is appox year after my interview.