Any advice on Income support please?

rhoda_baker

Hi there, I was badly injured in an accident, am still injured/having mobility problems, having physio etc, I couldn't work, I became quickly into a huge debt, council tax, credit cards, gas, electric, phone, food, to name some, my family really helped me out, from when I was left with no money, because jSA took ages to sort out, and the council quickly sent bailiffs. unluckily at time of accident was between temping jobs. I was put on JSA which wasnt suitable as I couldn't obviously work or walk easily, then learnt not from DWP but other source, that I could have DLA , I then discovered after a year, I could also have had income support, I applied and got this too, but they wouldnt backdate it.

I was then later awarded 16 thousand pounds accident compensation for my injuries which was low but i was desperate to clear my debt so took it. I had to put the cheque into my bank,

I then began paying back sums to my family which I'd kept record of who lent what, and was only left with some to buy a specially adapted car which I did.

All the time the money was in the bank, then the inland revenue told DWP who say I must go for an interview to tell them about the compensation money. I don't have any left. I can account for everything and I haven't done anything wrong. I understood that the money paid to me in COMPENSATION money as the results of an accident and is NOT EARNINGS, it was to give me a better quality of life whilst I'm incapacitated. My Income support has been stopped now. How soon will I be able to re-apply or because I am in their eyes a 'cheat' will it be about 5 years til the 'deed is spent' and then I can re-apply? and what will happen now, does anybody know? Bit stressed out with it all, have already had to change the appointment to fit in with my inflexible physio clinic....just wondered if any one could help. Thanks if you can!

DX2

http://www.dwp.gov.uk/docs/gl27-print-version.pdf

healy

rhoda_baker wrote: »

Hi there, I was badly injured in an accident, am still injured/having mobility problems, having physio etc, I couldn't work, I became quickly into a huge debt, council tax, credit cards, gas, electric, phone, food, to name some, my family really helped me out, from when I was left with no money, because jSA took ages to sort out, and the council quickly sent bailiffs. unluckily at time of accident was between temping jobs. I was put on JSA which wasnt suitable as I couldn't obviously work or walk easily, then learnt not from DWP but other source, that I could have DLA , I then discovered after a year, I could also have had income support, I applied and got this too, but they wouldnt backdate it.

I was then later awarded 16 thousand pounds accident compensation for my injuries which was low but i was desperate to clear my debt so took it. I had to put the cheque into my bank,

I then began paying back sums to my family which I'd kept record of who lent what, and was only left with some to buy a specially adapted car which I did.

All the time the money was in the bank, then the inland revenue told DWP who say I must go for an interview to tell them about the compensation money. I don't have any left. I can account for everything and I haven't done anything wrong. I understood that the money paid to me in COMPENSATION money as the results of an accident and is NOT EARNINGS, it was to give me a better quality of life whilst I'm incapacitated. My Income support has been stopped now. How soon will I be able to re-apply or because I am in their eyes a 'cheat' will it be about 5 years til the 'deed is spent' and then I can re-apply? and what will happen now, does anybody know? Bit stressed out with it all, have already had to change the appointment to fit in with my inflexible physio clinic....just wondered if any one could help. Thanks if you can!

You have done something wrong - you did not inform the DWP that you had received £16,000 when on means tested benefits.

rhoda_baker

Thanks DX2 for the link, i cannot fully grasp whats what? but having a quick look, it seems that if you are given accident compensation then you must tell the DWP, have it took from you, to pay back the government, who have paid your benefit for a year as you are too poorly to work, despitte a person having worked all their life and paid into the system, so not unrreasonable to then take out in an emergency.? Hmm not a very fair system is it? or have I interpreted it wrong?

sunnyone

rhoda_baker wrote: »

Thanks DX2 for the link, i cannot fully grasp whats what? but having a quick look, it seems that if you are given accident compensation then you must tell the DWP, have it took from you, to pay back the government, who have paid your benefit for a year as you are too poorly to work, despitte a person having worked all their life and paid into the system, so not unrreasonable to then take out in an emergency.? Hmm not a very fair system is it? or have I interpreted it wrong?

thats the compensation clawback scheme and it cost me more money than you recieved in damages, every penny you recieve in certain benefits can be recovered from you compensation and you solicitor should have made sure that it was taken into account before you accepted damages to make sure it didnt come from your lump sum.

it seems to me that you have had very poor advice.

rhoda_baker

A compensation clawback scheme? I haven't heard of that ever. My solicitor never told me that when I got my accident compensation that the government would take it. If this is the case then victims of accidents are just as well not to claim the compensation, which then gives rise to why bother to be insured then. It was road traffic accident by the way.

I believed that it is compensation given as the consequence of a terrible accident and that's the end of it.

Oh no! you say it cost you more money than I received in damages, how sickening for you,that sounds very unfair. And did you go about it all inthe correct way and hand it all over then? This seems like you have been honest, followed the rules and been penalised for it, that can't be right.

Maybe I should forget income support then?, and go for job seekers allowance then have to waste money and time going for interviews for jobs I won't be able to do and no employer will take me on due to ongoing physio, mobility problems and other problems. Jump through all the hoops which they set. Bit at least there'd be a little amount of money to live on. How humiliating.

DX2

Rhoda more info for you here: http://www.dwp.gov.uk/publications/specialist-guides/technical-guidance/z1-recovery-of-benefits-and/1.-the-law/

The main provisions of the CRU scheme are that:

• a person should not be compensated twice over in respect of the same accident, injury or disease;
• a compensator who is, or is alleged to be, liable to any extent for the accident, injury or disease makes a compensation payment, agreed on or after 6 October 1997 and recoverable benefits and or lump sums have been paid (or are likely to be paid); to, or for, the injured person in respect of an accident, injury or disease;

viktory

rhoda_baker wrote: »

Maybe I should forget income support then?, and go for job seekers allowance then have to waste money and time going for interviews for jobs I won't be able to do and no employer will take me on due to ongoing physio, mobility problems and other problems. Jump through all the hoops which they set. Bit at least there'd be a little amount of money to live on. How humiliating.

What makes you think that you can claim JSA without having to repay from your compensation?

waaag

Oh 'viktory' do you work at DWP? if so you will know the answer to my question:- will rhona, as soon as she puts in a claim be immediately made to pay back the compensation money? it says earlier in her post that at the start of her claim, *the DWP did not (what a suprise) inform her that she qualified for DLA or income support, therefore surely this amount - was it a years worth can be used to pay off the DWp then?.. or is it one rule for DWP, one rule for claimants....I suspect it is....

And yes 'sunnyone' - she did indeed receive 'poor' advice, * namely from the DWP.

Alas, unless ordinary people challenge it, or are given support to challenge it continues....I wonder if it would be worth looking on www.rightsnet.com at all, at their case studies, it would seem that some of the welfare rights workers appear to be on the side of the claimant and can help. Perhaps worth a try. sorry link should be www.rightsnet.org.uk the other one was not the right one...and select 'discussion' at the bottom of the page to see the case studies.

Indie_Kid

rhoda_baker wrote: »

Thanks DX2 for the link, i cannot fully grasp whats what? but having a quick look, it seems that if you are given accident compensation then you must tell the DWP, have it took from you, to pay back the government, who have paid your benefit for a year as you are too poorly to work, despitte a person having worked all their life and paid into the system, so not unrreasonable to then take out in an emergency.? Hmm not a very fair system is it? or have I interpreted it wrong?

The compensation you receive is meant to pay for the costs occured by the accident - those of us who became disabled as a result of genes and whatnot don't get compensation.

sunnyone

rhoda_baker wrote: »

A compensation clawback scheme? I haven't heard of that ever. My solicitor never told me that when I got my accident compensation that the government would take it. If this is the case then victims of accidents are just as well not to claim the compensation, which then gives rise to why bother to be insured then. It was road traffic accident by the way.

Mine was a car accident and I recieved a 6 figure sum, I broadly agree with the clawback scheme but not on the reclaimation of DLA because DLA can be paid while you work and it is paid because you are disabled and have extra costs and not for general living costs.

I believed that it is compensation given as the consequence of a terrible accident and that's the end of it.

Oh no! you say it cost you more money than I received in damages, how sickening for you,that sounds very unfair. And did you go about it all inthe correct way and hand it all over then? This seems like you have been honest, followed the rules and been penalised for it, that can't be right.

You dont have much choice if you have a decent solicitor, they have to send a form to the DWP which they fill in about what benefits that you have had and what must be repayed.

Maybe I should forget income support then?, and go for job seekers allowance then have to waste money and time going for interviews for jobs I won't be able to do and no employer will take me on due to ongoing physio, mobility problems and other problems. Jump through all the hoops which they set. Bit at least there'd be a little amount of money to live on. How humiliating.

You still get your money, it the guilty party that should pay the clawback and not the victim.

waaag wrote: »

Oh 'viktory' do you work at DWP? if so you will know the answer to my question:- will rhona, as soon as she puts in a claim be immediately made to pay back the compensation money? it says earlier in her post that at the start of her claim, *the DWP did not (what a suprise) inform her that she qualified for DLA or income support, therefore surely this amount - was it a years worth can be used to pay off the DWp then?.. or is it one rule for DWP, one rule for claimants....I suspect it is....

Not having knowledge of benefits isnt the DWP`s fault, the information is in the public domain and can accessed by everyone with very little effort.

And yes 'sunnyone' - she did indeed receive 'poor' advice, * namely from the DWP.

Alas, unless ordinary people challenge it, or are given support to challenge it continues....I wonder if it would be worth looking on www.rightsnet.com at all, at their case studies, it would seem that some of the welfare rights workers appear to be on the side of the claimant and can help. Perhaps worth a try. sorry link should be www.rightsnet.org.uk the other one was not the right one...and select 'discussion' at the bottom of the page to see the case studies.

Its right that living expences are repayed when someone is awarded compensation, you cant have it both ways when you recieve a huge payment, there are generous rules that allow the payout to be ignored for means tested benefits for a year.