Interview under caution for pension credit

dippy3103

Gold_Shogun wrote: »

The OP's post was in relation to the DWP / LA suspending/stopping SEVERAL of her Mum's benefits on the supposed ground of residence in multiple locations (= Liverpool, Watford?, and Ireland).

My response was and is directly relevant to the question of UK LAW on "Ordinary Residence in Multiple Locations" .... and the UK Law and Legal Principles are the same IRRESPECTIVE of the benefit ... and apply equally to most (or possibly even al)l UK benefits such as Attendance Allowance, DLA, PIP, Carer's Allowance, IS, ESA, PC, State Pension, Winter Fuel Payments, Xmas Bonus, etc, etc, etc.

It is the DWP that corruptly tries to "ignore" or "work around" those Legal Principles & Law to suit their own agenda.

You clearly have either not read the HMCTS Upper Tribunal decision which I posted yesterday, OR you have failed to understand it. ... Here it is again, and kindly read or re-read it focusing on the OP's Query of "Ordinary Residence in Multiple Locations" rather than the irrelevant name of the individual benefit under appeal in THAT case.

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

.

No, some benefits have a defined cut off as to how long you can be abroad, enshrined within the conditions of entitlement. For example pension credit. So one could travel around the uk on pension credit for months, yet go abroad and your entitlement ends. It's absence from the uk & living at multiple locations is an irrelevance. It's like you can claim DLA and have £60k in the bank as its not a factor, whereas £16k would end housing benefit.

Gold_Shogun

dippy3103 wrote: »

No, some benefits have a defined cut off as to how long you can be abroad, enshrined within the conditions of entitlement. For example pension credit. So one could travel around the uk on pension credit for months, yet go abroad and your entitlement ends. It's absence from the uk & living at multiple locations is an irrelevance. It's like you can claim DLA and have £60k in the bank as its not a factor, whereas £16k would end housing benefit.

I agree that SOME benefits have "enshrined time limits".

But in THIS case the OP appears to have her benefits stopped just because her Mum has been away from Liverpool (to Watford, UK & Ireland) for far LESS than any existing "enshrined time limits" ... Namely, according to the OP's posts, for a MAX of 6 weeks at a time out of the 13 weeks current PC limit (which also carries through to any HB or CTR limits).
THAT is wrong & corrupt, and the DWP know (or SHOULD know) it.

MissBiggles1's earlier posts effectively trying to suggest that the DWP's actions & benefit-suspension in this case may be some sort of "pre-emptive" check or action prior to the PC limit reducing down to 4 weeks in the future is patently ridiculous & unsupportable.

dippy3103

There was also an allegation of undisclosed property. My point is that the two scenarios are different. So the decision you have supplied is irrelevant in this context.

If the officers have behaved in the manner described at interview, which will be on CD then they have every right to make a complaint about that.

hennesm

dippy3103 wrote: »

There was also an allegation of undisclosed property. My point is that the two scenarios are different. So the decision you have supplied is irrelevant in this context.

If the officers have behaved in the manner described at interview, which will be on CD then they have every right to make a complaint about that.

That's my whole point . It was all anonymous allegations , there is no evidence ( because frankly it's untrue ) . The point of the interview was to ' encourage ' her to admit it was all true . What happened to the English legal system and the belief that you are innocent until proven guilty . By their logic I could get on the phone now and report 10 different people for random imaginary offences and they are instantly penalised. Who monitors their systematic working ? At least the police will have the cps monitoring their actions . They are acting first and disregarding the effect it has on the individual . It's not just . It's frankly not working within the framework of the British legal system . It's a purely speculative and down to the individual interpretations of officers involved. I'm all for upholding the law and punishing those who disregard it but at least give them a fighting chance to defend themselves .

dippy3103

The cPs prosecute on DWP cases too.


They need more than just vague anon info to suspend a claim.

margaretclare

dippy3103 wrote: »

No, some benefits have a defined cut off as to how long you can be abroad, enshrined within the conditions of entitlement. For example pension credit. So one could travel around the uk on pension credit for months, yet go abroad and your entitlement ends. It's absence from the uk & living at multiple locations is an irrelevance. It's like you can claim DLA and have £60k in the bank as its not a factor, whereas £16k would end housing benefit.

Cheers. Some common sense at last.

HB, PC etc are means-tested benefits. DLA and AA are not.

DH and I are both in receipt of AA. We can't walk far but we can travel by car, therefore we've had several trips into Continental Europe. No one has ever queried this, said we shouldn't. We've even been to Ireland by Swansea - Cork ferry.

AA helps us to live a little more fully and not become housebound.

hennesm

Just a little update . I have had a copy of the transcript which is laughable in its inaccuracies and omissions . Apparently at one point mum was questioned about a farmers water ! I have no Idea what sort of quality control is employed but good luck to anyone who cam make sense of it . I had a refusal of warrant numbers and contradicting info regarding obtaining the bank staments. I have also had an acknowledgment that she was treated rudely . The transcript does reflect the officers instructions to either move to Ireland or sleep on a sofa ! One battle down .many more to come !

dippy3103

You can ask for a copy of the actual recording. The transcripts are typed by remote typists. I think it's fair to say that some of them
Struggle with accents, but the transcript should be checked.

i find it shocking that any officer would say that to anyone. Just because someone is being IUC'd it does not mean they should not be treated with respect. There is a difference between challenging someone's account of events and being rude.

xylophone

DH and I are both in receipt of AA. We can't walk far but we can travel by car, therefore we've had several trips into Continental Europe. No one has ever queried this, said we shouldn't. We've even been to Ireland by Swansea - Cork ferry.

http://www.ageuk.org.uk/documents/en-gb/factsheets/fs34_attendance_allowance_fcs.pdf?dtrk=true

"Temporary absence abroad
AA can be paid for the first 13 weeks of a temporary absence abroad. If you are away for more than 13 weeks, you may have difficulty re-qualifying when you return because you usually need to be present in Great Britain for 104 of the last 156 weeks (see section 3)."

In the case of the OP's mother who is on PC it would seem that

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/457814/pension-credit-extra-info-dwpf201pc-0915.pdf applies.

It appears that any absence should be notified?

"Can I go abroad and keep getting Pension Credit?

We can pay Pension Credit for up to 13 weeks while you’re temporarily abroad. If you go abroad for medical treatment under the NHS, we can pay Pension Credit for as long as you are getting medical treatment.

But you should tell us if you go abroad for any reason at all. This includes if you go to Northern Ireland, the Isle of Man or the Channel Islands."

That said, bullying and abuse is not acceptable and the OP should request a copy of the recording.

margaretclare

We've never been away for longer than a fortnight max, and have never seen the need to tell the DSS.