Advice please..

BigAunty

Tammera wrote: »

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DWP have the 3 night a week thing i know that, i assumed it was the same for all of them, thats why i thought she was telling porkies about telling them, but they both told me they dont have the same rules of cohabitation.

3 night rule=myth. Here is an information sheet about living together as man and wife (i.e. cohabiting). It is a decision makers guide, a DWP staff manual for guidance. No mention of overnight stays.


http://www.dwp.gov.uk/docs/dmgch11.pdf

And you've said his property is uninhabitable meaning that he lived with your mother 7 days out of 7 so that's an irrelevant distinction anyway.

Your mum's partner would have been obligated under the hierarchy of liability to pay for council tax in his own property - he had no choice. He may have got some kind of temporary discount for it being empty or uninhabitable but generally local councils will charge CT after a short period to encourage owners to return it back into use.

Tammera wrote: »

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She has been unable to work for a few years now and she doesnt claim anything other than DLA, if she was a fraudster, she would be claiming income support or incapacity benefit.

Claimants receiving IS or IB/ESA would probably want to disagree with you that these are the benefits of choice for fraud. Probably one of the common types of fraud is when someone claims to be single when someone is living with them.

Tammera

BigAunty wrote: »

3 night rule=myth. Here is an information sheet about living together as man and wife (i.e. cohabiting). It is a decision makers guide, a DWP staff manual for guidance. No mention of overnight stays.


http://www.dwp.gov.uk/docs/dmgch11.pdf

And you've said his property is uninhabitable meaning that he lived with your mother 7 days out of 7 so that's an irrelevant distinction anyway.

Your mum's partner would have been obligated under the hierarchy of liability to pay for council tax in his own property - he had no choice. He may have got some kind of temporary discount for it being empty or uninhabitable but generally local councils will charge CT after a short period to encourage owners to return it back into use.




Claimants receiving IS or IB/ESA would probably want to disagree with you that these are the benefits of choice for fraud. Probably one of the common types of fraud is when someone claims to be single when someone is living with them.

You misunderstood me, i didnt say IS/IB are benefit choice of fraudsters, What i meant (i can see it isnt clear with what i said), she is disabled and is no longer able to work (could kill her or paralyse her) and she is entitled to IS/IB but she doesnt claim them because he is there.

His house is habitable, he or they sometimes stay there weekends, but its no way near up to scratch to be let out or sold.

Oldernotwiser

Tammera wrote: »

You misunderstood me, i didnt say IS/IB are benefit choice of fraudsters, What i meant (i can see it isnt clear with what i said), she is disabled and is no longer able to work (could kill her or paralyse her) and she is entitled to IS/IB but she doesnt claim them because he is there.

His house is habitable, he or they sometimes stay there weekends, but its no way near up to scratch to be let out or sold.

Living with someone doesn't stop a claim for IB.

I don't think you understand the seriousness of claiming as a single person when you're not; it's one of the most common examples of benefit fraud.

BigAunty

Tammera wrote: »

You misunderstood me, i didnt say IS/IB are benefit choice of fraudsters, What i meant (i can see it isnt clear with what i said), she is disabled and is no longer able to work (could kill her or paralyse her) and she is entitled to IS/IB but she doesnt claim them because he is there.

His house is habitable, he or they sometimes stay there weekends, but its no way near up to scratch to be let out or sold.

Sorry for misunderstanding.

Your mother is in a terrible position, oppressed, vulnerable and exploited, needlessly enduring greater poverty because of her partner's stingy and self centred behaviour and her confusion/anxiety over her entitlements because his residency there seems to complicate benefit matters.

In truth, there is probably very little chance of getting redress though reporting him to the HMRC. I'm not saying that you shouldn't do it but the last I heard, they only have the resources to investigate a small percentage of fraud reports.

I have a friend who works in the DV field and what she tells me, shocks me to the core, including the fact that her office often encounters abusers that pose as victims, to try and deflect the blame from themselves and to further intimidate their partners. You only have to read the court case for Liz McColgan whose husband spied on her and falsely accused her of violence to understand how terrifying and toxic some relationships are.

At least she's got a daughter looking out for her until such time that her partner finds someone he thinks he can scam more.

Perhaps one option is to provide incontrovertible evidence to her that he's having an affair, though how you can do this, and the risks that come from his exposure, is debatable.

Tammera

I though IB was the sickness version of IS, after what older said i have phoned IB and told them the situation, they said that if her sickpay ended within the last two tax years she will automatically be entitled to it, reguardless of him being there, i didnt quite understand if there was a time frame involved in getting it. They said with the income based one, if she can prove that he isnt contributing that she may be able to get it, i asked how she can prove it, he said its difficult, then he said how does she pay her bills, i said direct debit, he asked about money coming in, i said everything goes in and out of her bank. he basically said if there no extra money going in and all her bills goes out of her bank, everything in and out can be accountable then theres a chance she will be able to get it.

Tammera

BigAunty wrote: »

Sorry for misunderstanding.

Your mother is in a terrible position, oppressed, vulnerable and exploited, needlessly enduring greater poverty because of her partner's stingy and self centred behaviour and her confusion/anxiety over her entitlements because his residency there seems to complicate benefit matters.

In truth, there is probably very little chance of getting redress though reporting him to the HMRC. I'm not saying that you shouldn't do it but the last I heard, they only have the resources to investigate a small percentage of fraud reports.

I have a friend who works in the DV field and what she tells me, shocks me to the core, including the fact that her office often encounters abusers that pose as victims, to try and deflect the blame from themselves and to further intimidate their partners. You only have to read the court case for Liz McColgan whose husband spied on her and falsely accused her of violence to understand how terrifying and toxic some relationships are.

At least she's got a daughter looking out for her until such time that her partner finds someone he thinks he can scam more.

Perhaps one option is to provide incontrovertible evidence to her that he's having an affair, though how you can do this, and the risks that come from his exposure, is debatable.

There probably wont be any redress from reporting him, i dont know. She is getting stronger about the affair thing quicker than i expected, she said she will confront him after christmas, but my brother's girlfriend managed to get through to her and yesterday she locked him out the house till he told her the truth, but at the moment he is playing the control card and will only talk to her about it when he is ready. i made it clear to her she is not to give him the control and it has to be a mutual time and not at the house. but i know her, i think he will con her with some excuse.

BigAunty

The replacement benefit for IB which is for all new claims (and those currently claiming IB are being transitioned over to it) is called ESA. The Direct Gov website has more information on this.