DWP Insist We Are Partners!

Gab665544

epitome wrote: »

Then I would write back (recorded delivery and check online that it was delivered) and ask who the partner is that they are referring to, thier name etc and state she has no partner.

AFAIK in order to get paid ESA from the date of claim she must supply them with all releveant information within one month of date of claim, otherwise the ESA will not start until she does supply the information, so you need to get on top of this.

Of course info about a non existant partner is not relevant information, but they will still not pay her until you convince them of this. And if it causes a delay of more than a month you will have to appeal for the missing payments going back to date of claim.

I will try and get her to write this over the weekend. Her depression tends to stop her doing things, so it may be a struggle.

She has her savings to live on, but i'll ask her to treat this with as much urgence as possible.

AfricanViolet

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Adereterial

agrinnall wrote: »

The correct term is Subject Access Request, you can read about it here http://www.ico.gov.uk/for_the_public/personal_information/how_manage/access_info.aspx

I'm not sure that the DWP would actually have to comply, the rules about exemptions are not very clear, but you could write anyway, the maximum they can charge for the information is £10.

DWP will comply, and there's no charge.

Given the amount of information DWP hold, it can take some time and expect a lot of paper to come your way, though.

RockGypsy

I had the same problem a few years ago I had a male friend staying with me until he got a place of his own.They don't seem to think that members of the opposite sex can live together without being "partners".They did come and do a home visit,the chappy who came left with his tail between his legs as my flatmate was very very obviously gay !Maybe camp it up a bit say your gay lol

System

Gab665544 wrote: »

Yes, we have a joint tennancy agreement. Our landlord recognises this, our local council recognise this and she has just been awarded Council Tax Benefit and Housing Benefit as a joint tenant.

They know all this from when she last claimed and were happy then.

She has put me on the form and included all they asked about me including income etc.

Of course, they may think she has another partner as they have not directly indicated that it is me, but i'm not sure who else they could be talking about. The only other person to live with us within the last 10 years is an ex girlfriend of mine and she's never even as much as had a partner stay here.

Ah think this is where she went wrong, in the small print above that section is says NOT to include people who you only share living room/kitchen/bathroom etc with, think this may be where the confusion has come from

Gab665544

AfricanViolet wrote: »

Contact your MP, contact your local councillors and tell them you are doing this, I think you will find it changes their attitude towards resolving any issues.

I have contacted my MP who has helped is in the past and has met us both many times. Myself from visiting him when I had a problem in the past and he's also met my 'joint tenant' when he visited a mental health project where she worked and even bought her some flowers :rotfl:

I've also had it reconfirmed that we hold a Joint Tenancy.

RockGypsy wrote: »

Maybe camp it up a bit say your gay lol

:rotfl:Not a route I really want to go down :rotfl:

xXMessedUpXx wrote: »

Ah think this is where she went wrong, in the small print above that section is says NOT to include people who you only share living room/kitchen/bathroom etc with,
think this may be where the confusion has come from

It says hall, bathroom and toilet. We share a kitchen and living room and it says to include friends, which we are.

Gab665544

monkeymouth wrote: »

Hey that reminds me of someone I know. She lived with a guy for a few years, and put in a claim for HB. Her 'boyfriend' gave her a tenancy agreement and a rent book stating that she was renting the upper floor of the property.

It all got a bit iffy when the LA accused her of co-habiting. She replied in a rather sweet angelic tone - 'but my landlord is gay!!!'

To say the least there wasn't much that they could say to that. She received HB for a few years until they split up.
Mind you she had some wonderful jewellery from Tiffanys out of the scam as well as some very exotic holidays!!

:rotfl:Again, not where I really want to be doing.

It does beg the question, if we were both the same gender, would they even look at this? Even if we were both the same gender and gay?

HappyMJ

Gab665544 wrote: »

:rotfl:Again, not where I really want to be doing.

It does beg the question, if we were both the same gender, would they even look at this? Even if we were both the same gender and gay?

Yes she answered the question incorrectly so they would look at it.

Gab665544

They would only look at it if they were given a tip off. They would automatically assume that people of the same sex would not be involved as a couple. They are extremely narrow minded people.

I've dug out all the correspondence from the last time this happened and my local MP was different back then, but from the same party and is still involved behind the scenes.

I do recall going in to the DWP offices after he had written to them and phoned them and what seemed like the whole office peered through the glass in the doors to see who we were and how we managed to get our local MP involved.

The letters and emails have been sent to the MP, letter typed up for the Subject Access Request (thanks epitome), she has filled her form in confirming she has no partner, I have confirmation from landlord and local council we are down as Joint Tenants and claiming HB and CTB as seperate single individuals and I know her GP who has seen her for years will be able to back it up as will other people, both professionals and both of our sets of friends.

Not sure how much clout any of it will have this time around, but I shall continue to look for any avenue that may be of use and they will find, just like last time, we never give up.

HappyMJ

Gab665544 wrote: »

They would only look at it if they were given a tip off. They would automatically assume that people of the same sex would not be involved as a couple. They are extremely narrow minded people.

It's not automatically assumed. 2 people of the same sex living in a 1 bedroom flat will be questioned. If 2 people of the same sex live in a 2 bedroomed flat it's down to how they answer the questions. Your flat mate answered the question or one similar is there anyone else living in the same household? Yes... You are 2 seperate households under the same roof so the correct answer is No.