Heart attack victim, help needed.

JonSick

My Dad is currently 4 years away from retirement age and is in a desperate situation.

He had a heart attack about 2 years ago and since himself and my Mom have had endless battles with the DWP and their credit cards.

My Dad has worked all his life in the UK and paid all his taxes and NI. When his heart attack hit, it developed to heart disease for which he is still receiving treatment.

Myself and my brother helped them finish paying their mortgage (about £1800 each), however their credit card debt totalled around the £17,000 mark.

They decided that in order to clear down the credit card debt, they would have to move to a cheaper home. They recently sold their london house (sale agreed) for £285,000 and are buying a brand new home for £235,000 however as it is brand new they will have to furnish it. After furnishings and getting their car repairs done, they will have not much left. They were originally told by the DWP and the DSS that this should be fine so long as they can show receipts however paying myself and my brother back is a no no.

They now have a sale agreed on their house and an accepted offer that is currently going through on their new house, however they have just been informed that the government will see it as a £50,000 equity release which will mean my Dad will not get a bean in benefit!

My Dad is currently going to tribunal about receiving disability living allowance which they so far have denied him. My parents are not attempting to defraud anybody, my Dad does have trouble getting about, however they have been told that because he can physically walk out of the house he is not disabled.

My Dad's career was scaffolding which, I don't know if anybody is aware here, is a very very physically intensive job! Its something he couldn't possibly go back to and the straight truth of it is he just isn't trained for anything else! So getting another 'easy' job just isn't there. There's not a building company on earth who would realistically hire someone with a known heart condition like he has who would have to sit around all day!

So the question is what do my parents now do? Or is he going to be just another example of an honest worker thrown on the slag heap after working his whole life?

Jon

Oldernotwiser

Two points come to mind; DLA isn't means tested and £50,000 is an enormous amount to spend on furnishing a house (for which I presume they already have furniture). I wonder if I've missed something here and if so I apologise.

JonSick

Hiya, sorry I was not clear.

Its a multitude of problems really.

They are moving to an area where public transport is not very accessible, so they have budgeted for: £12k moving costs (removal, stamp duty, estate agent, etc), £17k cards, £9000 for a car and the rest is furniture as almost everything in their present house is fitted.

changkra

My Dad is currently going to tribunal about receiving disability living allowance which they so far have denied him. My parents are not attempting to defraud anybody, my Dad does have trouble getting about, however they have been told that because he can physically walk out of the house he is not disabled

They tried this one on with me. It's a load of rubbish everyone has to either walk or somehow get to their car which is either in a garage, driveway on the road out side of the house.

I would contact welfare rights at your local council and ask them for a home visit. They will help with the tribunal on the DLA and also check any other benefit entitlements and they will give you clear easy to understand information. You could also try CAB. I personally used Welfare Rights and have no personal experience with CAB but they are very good.

don't back down you need correct information to know how to move forward.

cattie

£12k is a tremendous amount to budget for for removals/ea/stamp duty on a house sale & purchase of the prices you've mentioned.

Also a car for £9000 seems a little on the high side, can they not be a little more realistic in choosing a cheaper vehicle or even a decent 2nd hand one?

As far as debts go, DWP consider repaying paying debts such as loans & credit cards at other than the basic monthly amount due as deprivation of capital & doing so is seen as an attempt to dispose of capital as a means to qualify for means tested benefits, so your parents need to be very careful here.

Your parents would be best to wait to see if your father is successful at his dla appeal & if he is then to just pay extra as & when they can to reduce the credit card debt.

Your father may not qualify for highest level of dla mobility, but if he has the right medical support & help from an experienced welfare rights advisor he should get the lowest level mobility & at least one of the rates of the care component, which will help them out.

Also, your father should qualify for incapacity benefit if he had paid national insurance contributions within the previous 2 years of getting signed off sick. This fortunately is one benefit which isn't means tested.

Fingers crossed for a postive dla award at the tribunal anyway.

JonSick

OK gradually getting things together.

But a quick concern. I kinda need the cash I gave them back, however the DWP have told them that they cannot give cash away. At the time, it didn't even cross my mind to ask for a receipt - you know, they're my parents, they need help. But, as I have a mortgage of my own and my job is nearly through, I could do with it back.

How can they return this to me without getting screwed by the DWP?


Also, with the car, as theirs is dead and the DWP does not allow for car repairs, they needs something decent. I don't think £9k is an obscene amount to spend on a car, but the reality is they're not going to be allowed it so that's probably scrapped.

Oldernotwiser

What benefits was he hoping to claim? He wouldn't get JSA as he's not job hunting and it sounds as if he'll get IB and possibly DLA. What means tested benefit was he expecting?

Edit: Sorry, this came out a bit more agressively than it was meant; it's a genuine question.

seven-day-weekend

Neither Incapacity Benefit or DLA are means-tested, so the capital release or giving money away should not make any difference. However, you can only get IB if you have paid enough insurance stamps at the right time.

What have they been living on for the two years since his heart attack?

JonSick

He is hoping to claim DLA.

Currently, they are living off whatever myself and my brother can spare.

Currently they are on incapacity however its really not very much to live on and it appears every so often it will be stopped with some excuse or another.

Jon

seven-day-weekend

Why has the IB been stopped??

Also, do they clasim Council Tax Benefit? And Housing Benefit if the house is rented?

Morglin

DLA is not means-tested, and just depends on the needs of the climant.

IB is not means-tested, and relies on the fact that the DWP accept that a claimant can do no work, of any sort. (If they feel he can, then he can claim JSA for a while).

With the money they have released from the sale of the house, I wouldn't think they would be entitled to any means-tested benefits, such as Council Tax rebate, but he should go to the CAB, who will go through it all with him.

I cannot see the DWP would accept that he needs to spend all the added equity on necessities - and they can assume he has savings, even if he has spent them.

Lin