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Benefits stopped!

I am currently with a client who had her benefits stopped on 18th May. She was not informed of this and only found out when she queried the non-payment. She has been told she is under investigation but not told what for.
She is in receipt of income supprt, incapacity benefit and DLA. The DLA has not been stopped nor has her live-in carer's, carer's allowance.
I was under the impression that benefits could not be stopped in this way if the recipient is in receipt of DLA.
I know there are some people on these boards who are very knowledgeable in this area - is there such a ruling?
Many thanks in advance
Jen
One life.
«1

Comments

  • Indie_Kid
    Indie_Kid Posts: 23,100 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
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  • jennihen
    jennihen Posts: 6,500 Forumite
    Taa - just found it. Going to ring the benefits enquiry line to find out exactly why she's being investigated.
    One life.
  • kaya
    kaya Posts: 2,465 Forumite
    Part of the Furniture Combo Breaker
    thats very odd, i was investigated and interviewed after some kind hearted person used the annonymous "grasses r us" website provided by the dwp for benefit fraud, i was interviewed but neither my dla or incap was stopped before, during or afterwards, i even had them sitting opposite my house for quite a while before i was interviewed, the good part was that it proved i was not paranoid about being spied on, they were so obvious in what they were doing it was almost laughable
  • jennihen
    jennihen Posts: 6,500 Forumite
    Swindon have got her showing 'Live in payment' on thier screens so not sure what is going on.
    No letters or notification whatsoever.
    Hanging on while Swindon investigate further.
    One life.
  • jennihen
    jennihen Posts: 6,500 Forumite
    Update: the clients benefits were stopped last week without informing her. Its deemed she is in relationship with her live-in carer although the descision maker acknowledges its not a typical relationship.
    She has been advised to make a new joint claim with her carer as her partner. I can see why they might have come to this decision (very complicated)
    We are going to appeal it. Can we submit this joint claim at the same time?
    One life.
  • Caz3121
    Caz3121 Posts: 15,915 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    jennihen wrote: »
    She has been advised to make a new joint claim with her carer as her partner. I can see why they might have come to this decision (very complicated)
    We are going to appeal it. Can we submit this joint claim at the same time?

    If she is going to appeal that they are not partners why would she want to make a claim as partners? - would be very difficult to argue the case that they weren't
  • jennihen
    jennihen Posts: 6,500 Forumite
    Caz3121 wrote: »
    If she is going to appeal that they are not partners why would she want to make a claim as partners? - would be very difficult to argue the case that they weren't

    For benefits purposes they are being classed as a couple - they have a financial commitment but are not a couple. Descision maker said it was a unique situation.
    One life.
  • bubba1585
    bubba1585 Posts: 10 Forumite
    It'll show "live in payment" even if its suspended. You're client could ask for a reconsideration (in writing) that they look again at their decision that she is Living with her carer as a couple. If they decide that the decision remains the same then try the appeal method.
  • MrsE_2
    MrsE_2 Posts: 24,161 Forumite
    10,000 Posts Combo Breaker
    jennihen wrote: »
    I am currently with a client who had her benefits stopped on 18th May. She was not informed of this and only found out when she queried the non-payment. She has been told she is under investigation but not told what for.
    She is in receipt of income supprt, incapacity benefit and DLA. The DLA has not been stopped nor has her live-in carer's, carer's allowance.
    I was under the impression that benefits could not be stopped in this way if the recipient is in receipt of DLA.
    I know there are some people on these boards who are very knowledgeable in this area - is there such a ruling?
    Many thanks in advance
    Jen

    Can I ask how it took her a month to notice her benefits had stopped?
  • Indie_Kid
    Indie_Kid Posts: 23,100 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    MrsE wrote: »
    Can I ask how it took her a month to notice her benefits had stopped?

    Benefits aren't paid weekly any more. When I was on JSA, it was every 2 weeks and my DLA is (and always has been) every 4 weeks.
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