- Posts: 19
× Members
UNFAIR TREATMENT BY INCOME SUPPORT.
- susanalicebarry
- Topic Author
- Offline
Less More
10 years 1 month ago - 10 years 1 month ago #132702 by susanalicebarry
UNFAIR TREATMENT BY INCOME SUPPORT. was created by susanalicebarry
Hi all I hope you can help me with this matter. I was recently sent a form to complete for Income Support (are you still entitled), obviously they knew I wasn't. I was about to claim ESA (Protected Group). I am severely depressed and suicidal this is mainly due to the fact my daughter has left who I had been caring for she is 26 years old and gone to live with a guy she met only 6 months ago and is now pregnant, she now lives in another part of the country. Also my father has terminal cancer and with all my severe disabilities I am unable to cope properly right now.
I received a letter from Income Support stating that as I had not completed and sent the form to them they will be suspending my benefits from 28 March 2015.
The letter stated that if this would cause me hardship then please ring and they would try and help me.
The opposite happened, I explained that I was too ill to complete the form and that I would no longer be claiming Income Support as I was no longer caring for my daughter and that I was going to claim esa on health grounds. I am in receipt of dla high care and high mobility.
I was told very sternly that I must still complete the form and that my claim was still live and until I did I could not claim esa. Even though I explained all my circumstances and also stated that they had suspended my payments how could it still be live, they said it was and that was that.
I need urgent life saving medication which I take on a daily basis and have had to apply online for a 3 month exemption form costing me £28.00 which I can ill afford. I get housing benefit and council tax benefit so I assume this will stop also, I don't know what to do.
I have sent the form to them but have sent others in the past via recorded delivery and they say they never get them now I think this is suspicious in itself and causing myself and others hardship.
I have spoken to esa and the guy kindly completed the form over the phone and told me to send my medical certificate in which I have done today.
I am worried about Income Support playing dirty tricks and not stopping my claim, leaving me without any money and me without any benefits whatsoever. I am in a lot of debt and have utility bills to pay.
What do you guys recommend? Is there a complaints procedure and if so could you point me in the right direction please.
The strange thing is two years ago there was a problem with my claim and they stopped it immediately on the phone and all of a sudden the won't do this!
I received a letter from Income Support stating that as I had not completed and sent the form to them they will be suspending my benefits from 28 March 2015.
The letter stated that if this would cause me hardship then please ring and they would try and help me.
The opposite happened, I explained that I was too ill to complete the form and that I would no longer be claiming Income Support as I was no longer caring for my daughter and that I was going to claim esa on health grounds. I am in receipt of dla high care and high mobility.
I was told very sternly that I must still complete the form and that my claim was still live and until I did I could not claim esa. Even though I explained all my circumstances and also stated that they had suspended my payments how could it still be live, they said it was and that was that.
I need urgent life saving medication which I take on a daily basis and have had to apply online for a 3 month exemption form costing me £28.00 which I can ill afford. I get housing benefit and council tax benefit so I assume this will stop also, I don't know what to do.
I have sent the form to them but have sent others in the past via recorded delivery and they say they never get them now I think this is suspicious in itself and causing myself and others hardship.
I have spoken to esa and the guy kindly completed the form over the phone and told me to send my medical certificate in which I have done today.
I am worried about Income Support playing dirty tricks and not stopping my claim, leaving me without any money and me without any benefits whatsoever. I am in a lot of debt and have utility bills to pay.
What do you guys recommend? Is there a complaints procedure and if so could you point me in the right direction please.
The strange thing is two years ago there was a problem with my claim and they stopped it immediately on the phone and all of a sudden the won't do this!
Last edit: 10 years 1 month ago by .
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51287
10 years 1 month ago #132708 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic UNFAIR TREATMENT BY INCOME SUPPORT.
Suzi
I think it likely that the Income Support department need the form in order to ascertain when your claim for Income Support should have ended and that is why they are insisting on the form being returned.
Mail can often take 10 days or more to make it's way through the DWP's internal mail system, this may account for the missing document from previous mailings.
If you have now closed your Income Support claim then there should be nothing impeding your claim for ESA.
Gordon
I think it likely that the Income Support department need the form in order to ascertain when your claim for Income Support should have ended and that is why they are insisting on the form being returned.
Mail can often take 10 days or more to make it's way through the DWP's internal mail system, this may account for the missing document from previous mailings.
If you have now closed your Income Support claim then there should be nothing impeding your claim for ESA.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: susanalicebarry
Please Log in or Create an account to join the conversation.
- susanalicebarry
- Topic Author
- Offline
Less More
- Posts: 19
10 years 4 weeks ago #132729 by susanalicebarry
Replied by susanalicebarry on topic UNFAIR TREATMENT BY INCOME SUPPORT.
Apparently I have been told by a member of another forum that as I claimed carers allownance for my daughter then my Income support should run on for a further 8 weeks, is this correct? If so it will impede my claim for esa. In the meantime my Income support is suspended and I cannot close my claim down. Will they still be paying my Housing benefit and counciil tax benefit and will I also be entitled to my prescriptions and other health care treatment whilst my money is suspended? It could take at least a month to sort this matter out and it is going to put me in severe debt.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51287
10 years 4 weeks ago #132747 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic UNFAIR TREATMENT BY INCOME SUPPORT.
Suzi
I can't confirm the run on as your circumstances do not match any of the examples detailed in the legislation and Decision Makers guide. As far as I can see the 8 week run on only applies where the person being cared for has died, it is possible that a 4 week run on would apply.
I can't see why your claim being suspended would stop you closing the claim from a specific date unless the DWP have specifically told you that this is the case. If they have then I am afraid there is nothing that you can do about this.
I would contact your Local Authority about the situation as the suspension of your payments may affect any HB and CT support you get.
Gordon
I can't confirm the run on as your circumstances do not match any of the examples detailed in the legislation and Decision Makers guide. As far as I can see the 8 week run on only applies where the person being cared for has died, it is possible that a 4 week run on would apply.
I can't see why your claim being suspended would stop you closing the claim from a specific date unless the DWP have specifically told you that this is the case. If they have then I am afraid there is nothing that you can do about this.
I would contact your Local Authority about the situation as the suspension of your payments may affect any HB and CT support you get.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: susanalicebarry
Please Log in or Create an account to join the conversation.
Moderators: , Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David