ESA, Housing & council tax tribunal help.

fifitrix

Hi is anyone an expert who can help with tribunals, its such a long story but I inherited some money but was ill in hospital and home and unable to cash cheque as have no family or carers to help. Visited by DWP officer who said id done nothing wrong as it wasnt cashed but DWP took it further and stopped benefits and I asked for MR and asked to give evidence why I was unabke to cash it, ie I was in hospital or revovery for months, then told cheque was out of date by bank. They had new MR without my evidence and I had to make complaint to DWP now taken over by ICE but they have to wait until tribunals over? I have had council tax tribunal dismissed but can appeal on legal grounds butneed help with that and with ESA tribunal due to their never gettting back to me as promised for months.....

Lasian_Alumni

Hi @fifitrix, this does sound like a very frustrating situation!

Hopefully, you'll get some responses soon from people with more knowledge on the subject. Do you know if your local citizens advice would be able to provide support with this?

fifitrix

Hi Laian, no CAB referred to Welfare rights who lost funding & passed me back to CAB who said they really cannot help despite Bedworth CAB meant to be looking at it but don't seem interested and gave me incorrect advice about asking the tribunal for paperwork.....getting to end of tether with it all after 2yrs & no help but thanx for responding x

BenefitsTrainingCo

Hi fifitrix,

I have gone through the rules on capital to see whether this money could be disregarded in any way but unfortunately there isn't any provision for it. Although you have been unable to cash the cheque it is still capital that belongs to you and the DWP have the right to count it as part of capital that you possess.
I understand this isn't the answer that you want to hear and I know that not being able to cash the cheque means the money isn't immediately available to you but it doesn't fall to be disregarded from what I can see.

Thanks,
Lee

fifitrix

Thanks Lee I do get it but the fact that I was physically unable to do so was a huge factor and the tribunal accepted that as even my doctors wrote to them to say I was either in hospital, ill or recovering that I couldnt get to a bank but I tried time and time again to speak to them about it and no one ever got back to me as promised hence a big investigation as to what went wrong is being done by I.C.E  after tribunal but some staff actually said once I provide evidence, they will cancel tribunal and go back to MR bejng as no one let me give any extra evidence! Thank you for trying tho I will go again to tribunal and hope for the best now they have evidence DWP said they didn't have yet I have copies of what was sent but they scanned it incorrectly and tried to blame me!!! Fingers crossed but it's scary going alone!