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Living as a couple ( not ) and cut off
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6 years 4 months ago #202628 by Beragon
Replied by Beragon on topic Living as a couple ( not ) and cut off
What I mean Gordon is that your computer is working overtime sending me 4 email notifications that you have replied to my posts.
No the decision to end my claim was made by a compliance officer ( fraud officer! ) They might reverse it when they read my flatmates Man recon request and reinstate it by making a Man recon in his favour, but in the meantime he will just have to wait until they do so. So he cannot pay his december rent until they do so. I cannot afford to pay his half of the rent either.
I need my flatmate to be recognised as my carer because this is what he is. He is not my partner. We are not living as 'man and wife' we are just two gay men living together as friends. They could not suggest that two straight men living together as friends were living as man and wife, so surely this is an example of homophobic discrimination.
In his man recon letter my flatmate gave them my NI number and told them I am receipt of full rate DLA for my care and mobility, surely they can check this and it is proof that I need care?
They are hinting that they think my flatmate has committed fraud from the first day of his UC claim which was in May 2016, so if they stick to this then surely I likewise have committed fraud too as I likewise claimed UC from this date as we moved to Bath together. ( oh this is another reason they think we are a couple- not )
We are in trouble here Gordon. Please help!!
No the decision to end my claim was made by a compliance officer ( fraud officer! ) They might reverse it when they read my flatmates Man recon request and reinstate it by making a Man recon in his favour, but in the meantime he will just have to wait until they do so. So he cannot pay his december rent until they do so. I cannot afford to pay his half of the rent either.
I need my flatmate to be recognised as my carer because this is what he is. He is not my partner. We are not living as 'man and wife' we are just two gay men living together as friends. They could not suggest that two straight men living together as friends were living as man and wife, so surely this is an example of homophobic discrimination.
In his man recon letter my flatmate gave them my NI number and told them I am receipt of full rate DLA for my care and mobility, surely they can check this and it is proof that I need care?
They are hinting that they think my flatmate has committed fraud from the first day of his UC claim which was in May 2016, so if they stick to this then surely I likewise have committed fraud too as I likewise claimed UC from this date as we moved to Bath together. ( oh this is another reason they think we are a couple- not )
We are in trouble here Gordon. Please help!!
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6 years 4 months ago #202640 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Living as a couple ( not ) and cut off
Beragon
The Mods have no control over notification emails.
You have previously said that you claim remains uneffected, but you now say that your claim has been ended, did you mean this.
Compliance officers do not have the authority to end a claim, they present their information to a Decision Maker who then makes a Decision on the matter.
Declaring your flatmate as a carer is not going to bring the result of it that you hope, as it does not preclude your flatmate from being in a relationship from you. It is also defeated by the fact that they are your flatmate, so they would be there whether they were you carer or not.
I nknow that you are looking for help and I would love to be able to provide it, but this a legal process that you must follow. You need to show that you are not a couple.
The following is the DWP guidance on couples.
www.gov.uk/government/uploads/system/upl...ile/661551/adme4.pdf
Gordon
The Mods have no control over notification emails.
You have previously said that you claim remains uneffected, but you now say that your claim has been ended, did you mean this.
Compliance officers do not have the authority to end a claim, they present their information to a Decision Maker who then makes a Decision on the matter.
Declaring your flatmate as a carer is not going to bring the result of it that you hope, as it does not preclude your flatmate from being in a relationship from you. It is also defeated by the fact that they are your flatmate, so they would be there whether they were you carer or not.
I nknow that you are looking for help and I would love to be able to provide it, but this a legal process that you must follow. You need to show that you are not a couple.
The following is the DWP guidance on couples.
www.gov.uk/government/uploads/system/upl...ile/661551/adme4.pdf
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 4 months ago #202652 by Beragon
Replied by Beragon on topic Living as a couple ( not ) and cut off
Hi Gordon,
At the moment my claim is unaffected. it is my flatmate who has had his claim ended ( or suspended with no money until the Man recon. ) What I was saying is that I dont think they will take very long to do the same to me.
I have read the information on the link you provided. Thanks for this but the letter from the DWP refers me to the welfare reform act 2012 section 39 This seems to imply that people living together where one person is the carer and the other is cared for then they should not be classed as living together as a couple. The information you sent me to on the link also says that we should not be classed as a couple if the main reason for living together is the need to care and support ( E4037 )
Thanks again for your help, I do not think you need to reply unless you want to.
As this may affect others reading your forum, I will message again when the DWP has made their decision.
beragon
At the moment my claim is unaffected. it is my flatmate who has had his claim ended ( or suspended with no money until the Man recon. ) What I was saying is that I dont think they will take very long to do the same to me.
I have read the information on the link you provided. Thanks for this but the letter from the DWP refers me to the welfare reform act 2012 section 39 This seems to imply that people living together where one person is the carer and the other is cared for then they should not be classed as living together as a couple. The information you sent me to on the link also says that we should not be classed as a couple if the main reason for living together is the need to care and support ( E4037 )
Thanks again for your help, I do not think you need to reply unless you want to.
As this may affect others reading your forum, I will message again when the DWP has made their decision.
beragon
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5 years 8 months ago #216371 by Beragon
Replied by Beragon on topic Living as a couple ( not ) and cut off
I said I would be in touch again to tell you of the Tribunals decision as to whether myself and my flatmate and friend were living together as man and wife. We won, of course we won, ten minutes no brainer. The Judge decided that we were living together as friends to provide care.
Yes this is under Universal credit
Yes on this occasion it was not really about disability
But yes both of us get disability benefits
And yes Gordon on each occasion I asked for your help you tried to get rid of me.
But I think you will find that...
Yes the DWP are trying to reduce or stop peoples benefit thru a back door method as the living together as a couple legislation was changed in October 2017 and most of the references to carers were removed.
Yes unless you claim a carers allowance ( even if you don't get any money ) under Universal Credit you will not be classed as a carer, no matter what else you do or get.
Yes your claim will be suspended and then closed and you will be forced to pay the money back BEFORE the tribunal has even sat.
Universal Credit is coming to a town near you SOON, and compared to ESA it islike living in hell
so why are you at the forum still ignoring it????
Beragon
Yes this is under Universal credit
Yes on this occasion it was not really about disability
But yes both of us get disability benefits
And yes Gordon on each occasion I asked for your help you tried to get rid of me.
But I think you will find that...
Yes the DWP are trying to reduce or stop peoples benefit thru a back door method as the living together as a couple legislation was changed in October 2017 and most of the references to carers were removed.
Yes unless you claim a carers allowance ( even if you don't get any money ) under Universal Credit you will not be classed as a carer, no matter what else you do or get.
Yes your claim will be suspended and then closed and you will be forced to pay the money back BEFORE the tribunal has even sat.
Universal Credit is coming to a town near you SOON, and compared to ESA it islike living in hell
so why are you at the forum still ignoring it????
Beragon
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5 years 8 months ago #216381 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Living as a couple ( not ) and cut off
Beragon
I'm pleased to hear that this issue has been resolved in your favour.
I cannot let your comments go unchallenged, there is a world of difference between my recommending that you get face to face advice, because your problems were ones that you needed the support of a trained Welfare advisor who could act on your behalf, something that could not be done on any online forum and "trying to get rid of you"!
As to supporting UC, we have never provided support for Housing Benefit, Job Seekers Allowance, Income Support, Working and Child Tax Credits and we do not intend to start doing so now.
We have had support for "ESA" under Universal Credit for over a year.
If you do not feel that B&W can provide the support you need then I can only suggest that you find another site that can.
Gordon
I'm pleased to hear that this issue has been resolved in your favour.
I cannot let your comments go unchallenged, there is a world of difference between my recommending that you get face to face advice, because your problems were ones that you needed the support of a trained Welfare advisor who could act on your behalf, something that could not be done on any online forum and "trying to get rid of you"!
As to supporting UC, we have never provided support for Housing Benefit, Job Seekers Allowance, Income Support, Working and Child Tax Credits and we do not intend to start doing so now.
We have had support for "ESA" under Universal Credit for over a year.
If you do not feel that B&W can provide the support you need then I can only suggest that you find another site that can.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 years 8 months ago #216436 by Beragon
Replied by Beragon on topic Living as a couple ( not ) and cut off
Gordon,
You are missing the point, all I am saying is that Universal Credit replaces so many benefits and is coming to a town near you soon. And surely Benefits and work should be preparing now for these changes.
I had to live on my DLA for 7 months and put the rent on a credit card. All I am saying is that the DWP thru UC are finding back door methods to clobber people with disabilities and surely you as an organisation who takes money from the public (me ) should not just shrug and flounce and tell me to go elsewhere.
In fact go elsewhere yourself and please could any further posts or questions be dealt with my another advisor
Beragon
You are missing the point, all I am saying is that Universal Credit replaces so many benefits and is coming to a town near you soon. And surely Benefits and work should be preparing now for these changes.
I had to live on my DLA for 7 months and put the rent on a credit card. All I am saying is that the DWP thru UC are finding back door methods to clobber people with disabilities and surely you as an organisation who takes money from the public (me ) should not just shrug and flounce and tell me to go elsewhere.
In fact go elsewhere yourself and please could any further posts or questions be dealt with my another advisor
Beragon
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