Interview under caution for pension credit

When_the_going_gets_tough

I would recommend finding a solicitor who specialises in benefits and interviews under caution. Check that they do. Your local CAB might be able to point you to someone who does this.

xylophone

They actually told her to move back to Ireland and stop using 'their' money to support her .

She's already there....?:)

http://www.theguardian.com/uk/the-northerner/2012/oct/15/blogpost-liverpool-irish-festival

"Liverpool is widely known as the 'real capital of Ireland', with an estimated three quarters of its population having some Irish roots. This rich heritage is being marked this month in the tenth Liverpool Irish Festival...."

Gold_Shogun

hennesm wrote: »

I am the only family member she has in Ireland . She does not like it there . She is used to living in England . ... <SNIP> ... Do you honestly think that someone should leave the country just because it's more viable for another state to pay even though she has no tax or insurance history there ? That's the ultimate not in my back yard attribute ?

She spends more time with her family in Watford than with me . I visit her in Liverpool . Her flat is not continually empty .

To clear up the issue she is not entitled to a pension in Ireland as she has never worked there . She left at the age of 16 to work in the uk. She has lived there since .
... I really only wanted procedural advice ...

Hi Hennesm,
I haven't posted for many years now, but I just happened to be browsing & noticed your post, & your apparent plight has pushed me into replying to your request.

Unfortunately, I have NO problem in believing the overall essence & significance of the corrupt actions which the DWP appears to have inflicted upon you and your Mum ...
... As I have been representing & assisting my 89 year old Dad from similar absolutely corrupt DWP actions, perjury, and attempts to pervert the course of Justice in similar circumstances for FOUR Years now and have only JUST managed earlier this year to prove the DWP's corruption to HMCTS and win my Dad's Appeal case.

Like your case, my Dad was falsely accused by the DWP of moving permanently to Ireland after more than 65 years of living + paying full taxes & national insurance in the UK, which the DWP falsely alleged meant that my Dad was supposedly no longer entitled to his pre-existing Attendance Allowance, Winter Fuel Payments, and Xmas Bonus (My Dad has never claimed any means-tested/HB/Council-Tax benefits)

The DWP has been stonewalling my Dad's appeals since 2012 in the hope that my Dad was likely to die before we could force it to Tribunal (which the DWP did not dispute at the 2016 Tribunal) ...
.... Like your Mum. the DWP suspended my Dad's payments without any notification or letter beforehand (OR after, despite repeated requests), then the DWP took TWO Years to issue an actual "Formal Decison" (by which time the DWP's new "Mandatory Reconsideration" policy had come in effect), and the DWP then took ANOTHER FIFTEEN MONTHS to "Rubber Stamp" that MR to exactly match their original decision, and subsequently delayed/blocked the HMCTS Hearings until we managed to get it before a Three-Judge Panel last month.

Also like yours case, the DWP is on the Official IUC Transcripts & Recording as openly & outrageously lying & attempting to Pervert the course of Justice, and it has taken Four Years to finally get that before the Independent HMCTS Tribunal last month which ruled wholly in my Dad's favour and quashed the DWP's Corrupt Entitlement & Falsely-Alleged Overpayment decisions.

Anyway, this post is NOT about publicising the DWP's Corruption in my Dad's case ... It IS about giving whatever help I can from my own experience & learnings about YOUR "as detailed above" circumstances.
My own health is poor at the moment so I can't stay online here long enough to provide everything in one go ... but I will revisit here as & when I can.

INITIALLY, I can tell you clearly & hopefully put your mind at rest that the DWP's "visiting or solely/mainly residing in Ireland" arguments/claims for the DWP summarily stopping/suspending all payments are FALSE and unsupportable in Law ... Rather than me having to write a "War & Peace" length post here, please go the below link at the HMCTS Tribunals & Judiciary website and download the CIS 0486 2013-00.doc Upper Tribunal Decison.

http://www.osscsc.gov.uk/Aspx/view.aspx?id=3939

That decision specifically deals with the subject of "Ordinary Residence" in MULTIPLE locations and Legally proves that a person may be Ordinarily Resident (even simultaneously) at multiple places such as (for example) Liverpool + Ireland + Timbuctoo .... and effectively proves in Law that even whilst visiting you in Ireland (or at other family in UK), your Mum REMAINS "Ordinarily Resident in Liverpool/GB according to the way her life is ordered".

That decision deals with France (which is JUST part of the "European Union"), but the Legal Principles (which are binding on the DWP) in your Mum's case is even stronger as both North & South Ireland are part of the "UK Common Travel Area" as well as the EU. ... Paragraphs 7 onwards are the relevant ones for your Mum's case, and just "mentally replace" France with Ireland for your Mum's case.


That's all I can manage at the moment ... Digest this post and the linked decision in the meantime.

Cheers
Bob
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Marktheshark

Get it in to your head that you are dealing with people that know she is not guilty, that they do not care one bit, not at all, nothing.
They want a result and if that means framing someone to get it they will.

You can not convince people who know she is innocent when they already know but are simply interested in getting that result at all costs.
Once you get this in your head you can move on to the next stage and start taking things above their heads by making official complaints and shining the light on them, they live in dark worlds of the rat race and they do not like the light.

dippy3103

Marktheshark wrote: »

dark worlds of the rat race and they do not like the light.

Rather melodramatic. It's the DWP not the secret police!

Gold_Shogun

dippy3103 wrote: »

Certainly the behaviour described is unprofessional and out of order. PACE deals with oppression. I certainly don't think any officer in my team would act in that manner - and I have never ever heard anyone use the phrase "because I can". It's a benefit office, not "Life on Mars"

Whilst many DWP officials may be righteous or honourable, there are always bad-apple exceptions & power-freaks ... And unfortunately, it seems that many of the "Alleged Fraud Investigator" personnel have either watched too many episodes of "The Sweeney" or "Life on Mars" OR have been brainwashed by the DWP system to believe that EVERYBODY they investigate "MUST BE" benefit-scrounging criminals that just haven't been caught yet.

In my Dad's case, the Senior DWP Fraud Investigator openly boasted to us that "We're (the DWP) going to get you and your family for SOMETHING, and then we'll use that under the Proceeds of Crime Act to take away everything you and your family have or have ever had!"

I used to think I was paranoid, but now after my family suffering more than Four Years of Official Government Corruption, I know I'm not paranoid enough.

BTW, Please note this is NOT intended as any kind of attack against you, merely the Truth from my own personal experience of that corruption.
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dippy3103

You are talking about different benefits with different rules.

And I agreed, there are rotten apples in every barrel. However, in my 20 + years I have never come across any investigator who conducts themselves in that manner.
I, and many of my colleagues, pride ourselves on treating people well whilst doing our job.

Marktheshark

Power is not power without abuse, those that hold it take pleasure and satisfaction from abusing it on the weak.

Gold_Shogun

Marktheshark wrote: »

they live in dark worlds of the rat race and they do not like the light.

&

dippy3103 wrote: »

Rather melodramatic. It's the DWP not the secret police!

It may be somewhat melodramatic, but that doesn't make it any less true.

In the personal experience of my family & myself over the past four years or more, the DWP has certainly acted much more like the "Stasi" and "Stormtroopers" instead of the "Civil Servants" they are supposed to be.

I am also quite positive that IF you & your family had "walked all the miles of the past four years" in our shoes, your views would almost certainly be more akin to ours.

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dippy3103

So you are basing your narrow experience with one or two people to suggest all are corrupt. Rather unfair,