Incapacity Help/Advice

cit_k

I would be tempted to take up a maladministration case against the dwp, if you have documentary evidence that shows both the DWP and Freud stated no such agreement exists, if one actually does still exist.

And make sure the media get to hear about it.

He is always going on about claimaint fraud, lets see the tables turned and him exposed if he has been trying to defraud a claimaint out of their possible entitlement by lying that a agreement does not exist, if that is indeed the case.

sleepless_saver

Sorry to put a damper on this, but I don't see where the agreement says that working in the USA entitles someone to claim benefits in the UK. It says that under certain circumstances a UK employee working temporarily in the USA can continue to pay NI contributions rather than the US equivalent. If they did pay NI contributions, then presumably they would be treated as if they had contributed in the UK.

OP, did your husband pay UK National Insurance contributions when he worked in the USA? If not, I don't see anything here that entitles him to contribution based benefits.

Have you done a benefits check as the two of you may be entitled to other help in addition to the working tax credit e.g. with council tax.

palegreenstars

Thank you cit_k! I have a written letter by Lord Freud which was addressed to our MP stating specifically that there is no social security agreement between the UK and US. That is all I have of evidence, besides the DWP and my MP verbally telling us there is no agreement. Needless to say, our MP went very quiet when I produced the agreement. On the letter I have, it says that Lord Freud is the Minister for Welfare Reform and when I looked him up it said he was a spokesperson for the DWP. It seems that it is always in the media about all the people on incapacity and how people are frauding the system. It is very frustrating having to go through the system as a genuine claimant. I have produced to them every single thing they asked for and every detail which proves my husband is entitled, only to have them completely disregard everything. And to disregard a judges ruling? I don't understand that. It is scary that they are trying to get away with this. It isn't right.

NASA_2

palegreenstars wrote: »

They told me to fill in a form and send it to them. After I did that, they said my husband couldn't be paid because he didn't have any contributions the year before he claimed.

What was the form?

If it was a fresh claim form what date did you put on it?

In any case, have you contacted the International Pension Centre?

They deal with all applications for benefit where contributions are made outside the UK.

http://www.direct.gov.uk/en/Dl1/Directories/UsefulContactsByCategory/Over50sContacts/DG_178684

palegreenstars

sleepless saver, yes if you are working for a UK employer you pay NI contributions. If you are an employee or self-employed in the US, you pay social security. If you are employed by the UK government you pay NI contributions. It depends and that is all drawn out in the actual agreement.

palegreenstars

NASA, the form was done back in Feb. 2008. I haven't contacted the International Pension Centre. I will definately have to give them a ring. Thank you for that info!

Also, forgot to add...No, my husband did not pay NI contributions while in the U.S as he paid social security. And I am not after any other benefits. I just want my husband to get what he is entitled to is all.