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Disability Living Allowance
jonnebravo
Posts: 14 Forumite
Hi,
My mother in law and her partner have been on disability living allowance since 1995 and 1985 respectively.
Her daughter and son have been working since 93 and 95 and they have had to provide the benefits office with their payslips. They have been told that they should never have paid housing benefit and council tax and their non dependents income should never have been taken into account.
Following a subject access request I have evidence that proves the council were fully aware of their DLA status as far back as 98.
We have asked the benefits office to look at these claims again and they have wrote back offering some of the money back, £100 paid back on the basis that her partner turned 60 in 2005 and over £100 paid back because they worked out the benefit wrong. They have refused that their benefits were worked out incorrectly, will not go back futher than 2002 and have said they will not pay full benefit saying the calculations are correct. They still have to pay £158 a year in council tax.
Both the mother in law and father in law are on DLA and have incapacity benefit on top.
Is there any reason why they would not get full benefit?
Does the 6 Year limitation act cover benefits?
What would be the next step?
Can we get them to pay back benefits prior to 2002
My mother in law and her partner have been on disability living allowance since 1995 and 1985 respectively.
Her daughter and son have been working since 93 and 95 and they have had to provide the benefits office with their payslips. They have been told that they should never have paid housing benefit and council tax and their non dependents income should never have been taken into account.
Following a subject access request I have evidence that proves the council were fully aware of their DLA status as far back as 98.
We have asked the benefits office to look at these claims again and they have wrote back offering some of the money back, £100 paid back on the basis that her partner turned 60 in 2005 and over £100 paid back because they worked out the benefit wrong. They have refused that their benefits were worked out incorrectly, will not go back futher than 2002 and have said they will not pay full benefit saying the calculations are correct. They still have to pay £158 a year in council tax.
Both the mother in law and father in law are on DLA and have incapacity benefit on top.
Is there any reason why they would not get full benefit?
Does the 6 Year limitation act cover benefits?
What would be the next step?
Can we get them to pay back benefits prior to 2002
0
Comments
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Sorry, but is your question about DLA or Housing Benefit/Council Tax Benefit? If not about DLA, maybe you need to re-post it under 'Housing Benefit/Council Tax Benefit'.0
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Although DLA is ignored for this purpose, their other income will be taken into consideration.
It may be worthwhile to see a Benefits Advisor or Welfare Rights Officer at the CAB.(AKA HRH_MUngo)
Member #10 of £2 savers club
Imagine someone holding forth on biology whose only knowledge of the subject is the Book of British Birds, and you have a rough idea of what it feels like to read Richard Dawkins on theology: Terry Eagleton0 -
is it not the fact tht DLA is a non means tested benefit in other words DLA is not taken in to account when they r calculating wot benefits u get0
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seven-day-weekend wrote: »Although DLA is ignored for this purpose, their other income will be taken into consideration.
It may be worthwhile to see a Benefits Advisor or Welfare Rights Officer at the CAB.
Do you mean that other peoples income in the household would be taken into account when processing benefit.0 -
Yes, I think it is only the DLA that is ignored - afaik a spouse's or partner's income would be taken into consideration, as well as other income of the claimant's own.
However, I may be wrong, and I really feel it would be best to ask the appropriate person at the CAB.
H(AKA HRH_MUngo)
Member #10 of £2 savers club
Imagine someone holding forth on biology whose only knowledge of the subject is the Book of British Birds, and you have a rough idea of what it feels like to read Richard Dawkins on theology: Terry Eagleton0 -
I believe that if you receive the care component of DLA there are no deductions from your Housing Benefit against people who live with you no matter how much they earn.0
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