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Living as a couple ( not ) and cut off

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6 years 3 months ago #202542 by Beragon
15 months ago my flatmate and carer, who also claims benefits was called into the job centre to see a compliance officer and accused of living as a couple with me. He explained that we were not and that he was my carer and that seemed to be the end of it.
Three weeks ago he had a letter on his UC journal saying they had decided that we were living as a couple and if he did not agree he should write in asking for a man recon.. This he did well within the time and we know they got the letter as he tracked and traced it.

Yesterday he checked his journal and got a message saying claim closed ( no money ) Surely they cannot do this until they have read his response and made the Man Rec response. We do not know even if the letter has got to the right person at the right desk yet!!

In the letter he mentions me by name and explains that I get full rate DLA ( as well as ESA with a top up of UC ) Surely they will soon be after me too then?

Please advise us what to do?

Beragon
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6 years 3 months ago #202568 by Gordon
Replied by Gordon on topic Living as a couple ( not ) and cut off
Beragon

It's not impossible that they will chase you in regard your UC claim. Have you checked that you are not already receiving the couples rate?

You don't say what benefits your flatmate is receiving but if they have decided that he is not entitled due to your living as a couple, then the Decision would apply immediately, there are no payments of benefit during an MR unless the claimant still has an award.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 3 months ago #202576 by Beragon
Replied by Beragon on topic Living as a couple ( not ) and cut off
Dear Gordon,

Yes I am expecting them to get to me at some stage. We did not claim as a couple as we are not one, he is my carer and friend.

Yes it does seem that they can cut you off with no money whilst they take their time with the mandatory reconsideration although they say his claim is not closed just suspended at the moment.

What I do not understand is your statement " unless the claimant still has an award" what does this mean.? Also if your claim ends up with the compliance department ( the fraud department in any other name) then is the decision on the Man Rec made by this department, or by the Man Rec Decision Makers? If they say no can you appeal to the Court? If this has to go to Court this could take months! How is he supposed to pay his rent?

Beragon
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6 years 3 months ago #202583 by Gordon
Replied by Gordon on topic Living as a couple ( not ) and cut off

Beragon wrote: What I do not understand is your statement " unless the claimant still has an award" what does this mean.? Also if your claim ends up with the compliance department ( the fraud department in any other name) then is the decision on the Man Rec made by this department, or by the Man Rec Decision Makers? If they say no can you appeal to the Court? If this has to go to Court this could take months! How is he supposed to pay his rent?

Beragon


Questions about monies being payable always generate additional posts from other members, so I was providing a more complete answer although it does not actually apply to your friend.

If the MR is unsuccessful then the Decision can be taken to appeal.

I'm afraid this is one of the circumstances where the benefit system is not going to offer much if any support. Because you are being treated as a couple your Local Authority and the DWP will expect you to support him! I realise that this is not your circumstances but until the Decision is overturned you will not be able to argue otherwise.


Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 3 months ago #202597 by Beragon
Replied by Beragon on topic Living as a couple ( not ) and cut off
Thanks for your reply ( but do you know that your replies are often duplicated, this one four times )

Unfortunately what you say seems to be true and has been confirmed by the advisor, who works in Bangor. He says nothing can be done until the Man Recon has been made, but my question still stands. Does the Compliance Department have their own Decision Makers ( bad ) or will the Man recon be done by the usual Decision Makers? Do you know this answer to this one? Also how long could this take? And if they do not change their minds, will they prosecute my flatmate for fraud.

Now about carers allowance. We looked into this benefit several months ago, but your website said that his ESA ( cont based ) was an overlapping benefit and therefore no extra money would be awarded. In a way I did not feel that he should get extra money for caring for me as I get DLA full rate for my care and mobility. However and I think it is true that even if my flat mate does not get any extra money he will get a piece of paper acknowledging that he is my carer. Is this worth doing now? Do you think this acknowledgment on paper would be worth getting?


Beragon
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6 years 3 months ago #202602 by Gordon
Replied by Gordon on topic Living as a couple ( not ) and cut off
Beragon

I see duplicate posts, but I am not seeing any for this topic :(

I'm sorry but I'm not sure what you are hoping for from the DWP in regard a Decision Maker, from your post an adverse Decision has already been made. DMs specialise in a benefit, so the Decision was likely made by someone who deals with UC issues.

If your flatmate receives ESA(CB) then they will continue to do so, although the DWP may reduce their benefit to recover any overpayment. Providing the ESA(B) payment remains greater than any CA payment then the ESA(CB) will be paid in preference.

Why do you need them to be recognised as your carer?

You don't mention how much any over payment is, so it's impossible to say what additional action the DWP may take, but a figure £3000 is usually the balance point for a prosecution or not, but this figure is not set in stone and intent must also be considered.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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