savings whilst claiming

Bossyboots

Thank you to jooles5a - my experience of the consideration of ownership of accounts is different to you what you have portrayed but you have given me food for thought to help someone further. Do you know of any documentation that states they should take into account the ownership and funding of an account that I could print out?

As for duplicated accounting, my mum's was miscalculated four times and only sorted out when I lodged a formal complaint.

Sarahsaver

ERm...if someone has thousands in the bank why do they need benefits?
surely its best not to 'let someone else bank in your name'

jooles5a

Ok, if the interview was taped, it was definitely an Interview Under Caution and therefore it's definitely a fraud investigation - your daughter would have had her rights read out to her before the interview began. As far as her mental health state goes, if her friend was with her, he could have consented to being the responsible adult which means he isn't just there for moral support, he would be expected to answer and advise your daughter with her answers.

At the end of the interview, one of the tapes would have been sealed as the master copy and one would be sent off for a transcript to be typed. Your daughter or her friend would have been given a written note about this which also explains how to obtain a copy of the tape - sorry, it's been a while so I can't remember exactly what it says.

It is usual practice in these interviews to present the initial claim form to confirm the signature and to point out the declaration your daughter has signed. This is because it will say something along the lines that she knows to and agrees to inform the department of any change in her circumstances that will affect her award. They will be trying to prove that, as your daughter signed the form, she must've known to declare her extra savings. The fact it was signed in 2000 doesn't really mean anything - that would be last time she signed anything with the declaration on it, that's all. If she'd have been signing on, they would have produced dozens of fortnightly declarations for her to look at.

As far as the overpayments go, it will be a while before this is calculated and then terms of repayment have to be agreed.

The withdrawal in 2001 will have been asked about as they would be trying to establish if it's stashed away somewhere or given away (deprivation).

I wonder why the information supplied wasn't enough. It could mean they want a decision made on the balance of probability which goes to the decision maker - this means that the DM considers the likehood of something e.g. if large withdrawals were made and they have proof of what happened to them for all but a couple, the probability is that the same thing happened to them all - hope this makes sense!

It is simply not good enough that you are passed from pillar to post - the whole sorry tale would be far more palatable if the Customer Services Officer had taken more of an interest. I would ask your daughter and her friend for the notice about the tape, ask for a copy of it. Speak to Customer Services and make an appointment to go see them with your daughter so you can explain your concerns. Ask them if they can possibly show you the evidence they have of the savings. Ask them of the possibility of re-claiming if their total is ess than £16000.

You have a lot to do and it's Friday afternoon. If you want any sleep this bank holiday, there's not much time left - Good Luck. I'll keep an eye on this thread - Good Luck

Thank you to jooles5a - my experience of the consideration of ownership of accounts is different to you what you have portrayed but you have given me food for thought to help someone further. Do you know of any documentation that states they should take into account the ownership and funding of an account that I could print out?

http://www.dwp.gov.uk/housingbenefit/manuals/hbgm/parts/ptc_02b.asp

This relates to HB but the rule is the same for IS (see part 2.40) - hope this helps. I've trawled the internet but can't find anything as near as this - the JC+ w/s is rubbish for these sort of details.

ERm...if someone has thousands in the bank why do they need benefits?
surely its best not to 'let someone else bank in your name'

Absolutely right - but no good pointing it out now.

Sarahsaver

WHy not, thought it was a valid point!

jooles5a

Because it doesn't help chel or her daughter - by the way, how do I post quotes with the Posters name on it?

Sarahsaver

A cautionary tale to others this situation is!

chel1234_2

hi, my daughter has recieved a letter from the council saying they need to visit to check her housing and council tax.The decision regarding these savings has only been told on the phone on Thursday so they waste no time to inform other bodies.Its all a mess, i am unsure whether to wtite to them as my daughter is in hospital this week. Does anyone know if she will be expected to pay all housing benefit and council tax whilst we apeal against the income supports decision? Will she get any sort of discount if she is on incapacity and dla. Im concerned that if they stop paying her housing b she maybe in trouble with the house she rents

Bossyboots

chel1234 wrote:

hi, my daughter has recieved a letter from the council saying they need to visit to check her housing and council tax.The decision regarding these savings has only been told on the phone on Thursday so they waste no time to inform other bodies.Its all a mess, i am unsure whether to wtite to them as my daughter is in hospital this week. Does anyone know if she will be expected to pay all housing benefit and council tax whilst we apeal against the income supports decision? Will she get any sort of discount if she is on incapacity and dla. Im concerned that if they stop paying her housing b she maybe in trouble with the house she rents

I don't have any experience of housing benefit but I do know that council tax benefit is not just payable because of receipt of income support. My mum gets full CTB assessed on her income and savings. She is in receipt of state pension and a very small private pension from my dad's old company. Your daughter may therefore still qualify for both housing and council tax benefits even if her income support is withdrawn. Unfortunately though your daughter may have been over the savings limits for these benefits in the past so I am not sure what will happen there. The present savings limit for CTB is £16,000.

Smashing

How do they monitor this?
If someone made a claim for IS and declared savings of £15,500, would that amount then be monitored to ensure that it didn't go over the £16,000 threshold?

chel1234_2

thx for the reply, i think i will ask the dwp thier findings of this 16,000 they have. I cannot understand why if they didnt have enough information which was told to me on the phone and that they were going to make a decision based on what they had I think they should have stated in writing what more information they required. All information was given about the accounts that her friend had in her name that they requested,If they dont need authorisation to look at accounts i cant see why they wanted him to provide it really. I think this is going to be a long process but i hope i can find some usefull information whilst this is going on with the other benefits that this will affect.