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called for interview at job centre
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6 years 6 months ago #198661 by annie3
Replied by annie3 on topic called for interview at job centre
Thank you very much. Do you have any idea of the sort of things they might ask me about?
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6 years 6 months ago #198676 by Gordon
Without knowing the purpose of the meeting it's impossible to say.
Gordon
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Replied by Gordon on topic called for interview at job centre
Anna wrote: Thank you very much. Do you have any idea of the sort of things they might ask me about?
Without knowing the purpose of the meeting it's impossible to say.
Gordon
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6 years 6 months ago #198701 by annie3
Replied by annie3 on topic called for interview at job centre
It's just occurred to me that it might be about a Permanent Health Insurance policy which I have. I see that getting PHI can reduce your ESA. However I was already in receipt of benefit (Incapacity, as it then was) when this rule was introduced and my understanding was that if already in receipt of benefit at that point, the new rule didn't apply to you. Do you recall anything to that effect? I can't find much online.
Is it possible DWP have belatedly noticed the PHI? but have not realised that I was exempt from the new rule due to the pre-existing claim?
Is it possible DWP have belatedly noticed the PHI? but have not realised that I was exempt from the new rule due to the pre-existing claim?
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6 years 6 months ago #198706 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic called for interview at job centre
Anna
This could well be the problem, record keeping under IB was truly appalling so it's quite likely that that DWP have no record of these payments.
You may need to prove that your PHI was disregarded or should have been disregarded when you were claiming IB.
Gordon
This could well be the problem, record keeping under IB was truly appalling so it's quite likely that that DWP have no record of these payments.
You may need to prove that your PHI was disregarded or should have been disregarded when you were claiming IB.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 6 months ago #198742 by annie3
Replied by annie3 on topic called for interview at job centre
Thank you. From looking at another thread on PHI on this forum, I see that PHI is a bit complicated for the dWP!
It might save bother in the long run if I have something I can quote at the compliance interview to show that my PHI should have been disregarded.
Do you have anything in writing about that? I cannot find anything in the Decision maker's guide about treatment of PHI for claims which pre-date the change of rules.
It might save bother in the long run if I have something I can quote at the compliance interview to show that my PHI should have been disregarded.
Do you have anything in writing about that? I cannot find anything in the Decision maker's guide about treatment of PHI for claims which pre-date the change of rules.
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6 years 6 months ago #198756 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic called for interview at job centre
Anna
It may not be that simple.
The ESA legislation requires the pension/PHI to have been disregarded under IB fro it to be disregarded under ESA.
So you need to show that it was actually disregarded under IB rather than the DWP not deducting it. I appreciate that these sound the same but they are not. In the first case the DWP have made a Decision to disregard the monies, in the latter either due to their error or your failing to properly notify them the monies have not been deducted.
Obviously the concern is that you can show that you notified them of the PHI payments in the first place.
Gordon
It may not be that simple.
The ESA legislation requires the pension/PHI to have been disregarded under IB fro it to be disregarded under ESA.
So you need to show that it was actually disregarded under IB rather than the DWP not deducting it. I appreciate that these sound the same but they are not. In the first case the DWP have made a Decision to disregard the monies, in the latter either due to their error or your failing to properly notify them the monies have not been deducted.
Obviously the concern is that you can show that you notified them of the PHI payments in the first place.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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