Any advice on Income support please?

SuziQ

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....

The DWP don't look at an individual and inform them of what they are entitiled to-you have to research and apply for the benefits. It's a reactionary service,not a pre-emptive one. If someone is struggling moenywise after an accident,I'm surprised when the medical/therapists involved don't advise them to get advice re benefits,as they are supposed to provide a hollistic service. She still doesn't know whether she is entitled to DLA-until you have applied and been assessed,you never know with a benefit like DLA as 2 people with identical problems may get totally different awards/no award at all.

If I was the OP I would be annoyed with my solicitor and the lack of benefit advice I was given by the people providing my care and therapy,not the DWP,however the information is all out there these days and the onus is on the individual to find out the details.

bunny999

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.

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.

This would be fraud - again.

waaag

SuziQ wrote: »

,however the information is all out there these days and the onus is on the individual to find out the details.[/QUOTE]


Most incredible...and then we see a story in a paper the mystery of "millions of benefits unclaimed"...hmm

By that kind of reckoning I could open a curry house, wait for a customer to come in, and wait for them to say "there's no menu" and then say "well you will have to go to the CAB and ask their advice" as the onus isn't upon me, to provide information, and then think to myself that't the last I'll see of them,as the CAB is understaffed and has no curry expert on its panel of staff volunteers.

Indie_Kid

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....

How can the DWP know if someone will qualify for DLA, unless they've contact their doctor, got medical reports and reports of care and /or mobility needs?

waaag

Oh this is good, 'sunnyone' has kindly posted "there are 'generous' rules that allow the payout to be 'ignored' for means tested benefits.

That's interesting.

But does it mean 'ignored' for the first year indefinitely? or ignored for the first year, but taken into account in the second and subsequent years of the incapacity?

Would you be so kind as to post a link appertaining to this? to clarify please.

Also,, does it mean for the first year in which you had the payout, that the payout itself is 'ignored', therefore not affecting means tested benefits for that FIRST year?

FOR EXAMPLE: "MISS PRIMROSE HAS AN ACCIDENT AND CLAIMS DLA AND INCOME SUPPORT, - THE INCOME SUPPORT IS MEANS TESTED. FOR HER FIRST YEAR OF THIS SITUATION HER INCOME SUPPORT IS NOT CLAWED BACK, BUT WHEN SHE GETS TO HER SECOND YEAR SHE GETS NO INCOME SUPPORT AS IT IS DECIDED SHE HAS £8 THOUSAND TO LIVE ON FROM HER ACCIDENT COMPENSATION? WHICH SHE GOT LAST YEAR.AND HER MEANS TESTED BENEFIT FOR YEAR ONE IS NOW CLAWED BACK IN YEAR 2..."

Or does it mean that the payout would not now be ignored for example if you were in your second year of the accident and having to claim, and that you'd been awarded your compensation and from then on it would be counted as ample to live on, if for example you had not used the compo money for anything, bills etc?

I think I have put across what I mean! it seems a tad confusing. I am vey confused. Perhaps a link to the actual ruling would help.

waaag

To quote sh1305: How can the DWP know if someone will qualify for DLA, unless they've contact their doctor, got medical reports and reports of care and /or mobility needs?

Common sense I would think....

IN AN IDEAL WORLD:

CLAIMANT: Erm, "hello, I need to claim because I have been in an accident. I have broken both my legs.

DWP: We will send you a form to see if you qualify for DLA, as obviously you are not going to be able to work until they are fixed.

IN REALITY:

Finally after several days the phone is answered.

CLAIMANT: Hello I need to claim because I have been in an accident...i have broken both legs.

DWP: What about your arms?

CLAIMANT: They are OK

DWP: good then you can type letters, I'll put you on JSA,I'll send you the forms, they should arrive anytime, probably not soon.:D:D

Actually, joking apart, they would ask questions and soon realise that they needed to send you forms to apply for DLA, then you'd send them back filled in, and they'd arrange for doctors report to make sure your legs actually are broken, for example. After that you'd either qualify or they'd want a second opinion from a DWP ATOS doctor., and then you'd qualify, and if you had a good representative, you'd get it backdated for whilst you had been kept waiting with nothing coming in.

Indie_Kid

The people who answer the phones aren't medically qualified. There is no way someone can judge whether someone is fit to work over the phone - regardless of how qualified they are.

DLA has nothing to do with working - there are many people out there who claim DLA and work.

NASA_2

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....

Its not for the DWP to tell people to claim benefits (In this case DLA). There is more than enough information out there for people to make an informed decision themselves. The only thing the DWP staff should make sure to do is not tell someone they cant claim a benefit.

Its only right that compensation is recovered. People go on about the government but it is tax payers money that is used to pay benefits.

von

Hi,

See paragraph 29508 of the attached link (Decision Makers Guide):

http://www.dwp.gov.uk/docs/ch29-23284.pdf

Basically the capital is disregarded for 52 weeks from the date of receipt and then treated as capital after that date unless it has been put in a Trust when it is still disregarded. They will want to see verification of your capital from the date you reeived the money, up to date. They will look at the amount of capital you had after the 52 weeks has elapsed. They may ask you to explain how the capital has been spent but as long as you can prove the expenditure you shouldn't have a problem.

welshmoneylover

Why didn't you ask your solicitor to put in a claim for the 'clawback' amount on top of your £16000, thereby receiving more money so you can pay it back.