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TOPIC: Help IS stopped due to error

Help IS stopped due to error 6 years 5 months ago #57332

  • Loopylou862
It just gets worse...having dla currently stopped and appeal pending I looked at my bank online after realising that due to such a stressful couple of months through illness and family troubles my income support was last paid on 2 march, i called them and the first man said oh sorry it was an error and monies would be paid straight away. the folloiwng week nothing had happened so called again woman was very unhelpful said well what have you been living on its your fault i explained that i have lived on my overdraft which i could clearly prove and she then said my IS was suspeneded and I would have to fill out a form, she was so rude, i called again and spoke to another waoman who confirmed that they should of wriiten and told me but nothing was sent and because I had not been in touch the account was suspeneded, a form was being sent and a decision maker would look and probbaly the payment would be backdated, she confirmed that it must of been an error on their part and someone didint click a button! can anyone help and give advice if i should send my bank statements as evidence that i have a larger overdraft now, it was a complete shock to me and i just have had such an awful few months that i jsut comletely forgot to look at my bank. Also they should of sent me a letter saying my IS was being stopped at the time (as they admitted) but have thrown it back at me saying its my fault now, it has made me feel so ill.

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Re:Help IS stopped due to error 6 years 5 months ago #57333

Loopylou

From your post it looks like the DWP wrote to you regarding your IS, however, for some reason you did not receive it and as a consequence did not reply.

As a result of your percieved failure to reply, your IS was suspended.

I don't believe you need to send details of your overdraft, unless specifically requested to do so. You are entitled to have savings of up to £6000 whilst receiving IS, or £16,000 with deductions, which, if you had, you could have lived off of, so you don't need to prove anything.

What you don't mention, is what the original letter was supposed to contain, and it may well be worth you trying to find out, to prevent you "stumbling" over it later, when you are trying to claim back on track.

Hope this helps.

Gordon

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

Re:Help IS stopped due to error 6 years 5 months ago #57340

Hi there Loopylou

You do not mention if you are in receipt of Incapacity Benefit in your posting. You mention that your DLA has been stopped, and it may be that you were in receipt of disability premiums that are linked to either Medium or Higher rate DLA Care Component.

This may explain why your IS has been suspended pending the outcome of your appeal for DLA.

I personally would write to the DWP and ask for a detailed explanation of why your IS has been stopped, and then write and complain if they failed to inform you of the change in your IS.

Hope this is helpful

Chris

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Re:Help IS stopped due to error 6 years 5 months ago #57342

  • Loopylou862
thank you both for replying so quickly, when talking to IS they actually said they didnt send a letter and they should have done but its now my fault for not picking it up quicker :(

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Re:Help IS stopped due to error 6 years 5 months ago #57378

LOOPYLOU882

If you end up getting professional advice about your core DWP issue, also ask them if the Equality Act 2010 can be used to your favour. I do feel injury to feelings due to the extra stress and worry caused to you is very possible. Unfavourable treatment, lesser service due to disability etc etc.

King Al
Big Fan of The Equality Act 2010
www.benefitsandwork.co.uk/forum?func=view&catid=13&id=54062

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Re:Help IS stopped due to error 6 years 5 months ago #57380

If your IS was based on premiums related to your DLA claim, then once your appeal has been sorted out and hopefully be re-instated then you can ask them to backdate your IS, particulalry as they have made an error in Law.

Try and get some additional advice from the CAB as I am sure things can be fixed for you.

Good luck with it all

Chris

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