Overpayments — Scope | Disability forum
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Overpayments

Peter99
Peter99 Member Posts: 65 Connected
Hi,

@mikehughescq Mike, please forgive me for tagging you here. Out of interest, I just want to know the national charities you volunteered for. I need a rep for a forthcoming Tribunal hearing and there is no support in my area. 
Many thanks 


Comments

  • calcotti
    calcotti Member Posts: 2,982 Disability Gamechanger
    From Mike's user profile
    I’d also appreciate it if you wouldn’t tag me in for a response


    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • mikehughescq
    mikehughescq Member Posts: 7,445 Disability Gamechanger
    I don’t feel obliged to make any such disclosure and I really don’t welcome being tagged but, for the purposes of clarity, my work for both has never involved representation as that would likely take me out of area. That involves time and cost and costs need to be covered. Time is something that outside of work has been very precious for the past 14 months and so, whilst I continue to volunteer, I am absolutely rigid about my work life balance. I’m also of the belief that it’s fundamentally immoral to charge for any element of such work and so I direct anyone with such need to services local to them. Outside of me, said charities do not, to the best of my knowledge, provide representation. 

    I am aware the OP has numerous services local to them or the person they act on behalf of but has declined to use them for reasons which have not been explained. There’s no obligation to explain but, given the excellent reputation of at least one of those services, I’m inclined to the view that one can take a horse to water…
  • Peter99
    Peter99 Member Posts: 65 Connected
    Mike..
    I enjoy reading your excellent write-ups, if nothing else.  Thanks anyway and have a very nice day.
  • mikehughescq
    mikehughescq Member Posts: 7,445 Disability Gamechanger
    I have no idea what “…if nothing else” means in this context. It comes across as an insult. So, thanks for that.

    It does strike me that were you to post the full details of the issue here it would be relatively easy for all concerned to comment. However, the approach taken has been largely evasive. Minimal to meaningless detail. There’s an overwhelming sense of being unwilling to do simple stuff to help yourselves really. You pop up. Pose a question. Disappear. 

    Overpayments are pretty easy stuff really. Which benefit? How much? What period? Why is it deemed recoverable? What’s the counter argument? 
  • [Deleted User]
    [Deleted User] Posts: 0 Member
    The user and all related content has been deleted.
  • mikehughescq
    mikehughescq Member Posts: 7,445 Disability Gamechanger
    As such, nothing has really been asked.
  • Peter99
    Peter99 Member Posts: 65 Connected
    edited May 29
    Hi Mike. It is not in my nature to mean insult to anyone in particular someone like you who I held in a very highest regard. What I meant was even if you won't assist me directly, I  have learned so much reading your comments to other people.
    Here is the fact of my case: I have a Tribunal hearing coming up soon in regarding an overpayment decision on income-related ESA and I never had any rep. I give all the Glory to GOD for coming across people like yourself on various forums. My argument is that the capital in my name was not accessible to me and I had no control of it during the period of claiming benefits. I was compelled under duress by a drug gang to allow my name to be used to invest the money with a threat to my life if I refused or reported to the authority. I mentioned this briefly at IUC and offered to attend further interview to reveal more information and this is all on recorded Transcript but DWP failed to conduct further interview. I hope you understand this to be a sensitive issue hence my reluctance to divulge. All these happened a few years ago.  My argument is I am entitled to the benefits I had received on the basis of the establishment of 'Trust'.
    Secondly, there is fresh evidence from DWP that their fraud investigators had the knowledge of capital in my account but did nothing for two years and continued paying benefit. Their excuse was they were looking for more money to support their prosecution case.  I was later convicted  for obtaining benefits for the period in which DWP investigators now admitted knowing the capital was in my name but failed to suspend benefits. 
    DWP also admitted that they won't normally disclose the information from fraud investigation to the Tribunal. This caused the previous Tribunal to rule in DWP's favour and failed to notify rights of appeal causing delay. The matter went to UT and the matter was remitted back to be reheard afresh.
    First I am seeking to set aside the previous Tribunal decision on the ground that DWP witheld material evidence from the Tribunal and myself. If that is not possible, to ask the fresh Tribunal to grant permission to appeal to UT.  I need urgent advice. 
    I am emotionally distressed about the whole matter.
  • Ross_Scope
    Ross_Scope Posts: 4,912

    Scope community team

    Hi @Peter99

    I'm sorry to hear about what you've been through, were the events you describe reported to the police at all? I appreciate you said you were told not to, but I'm just wondering if you've been to the authorities since then. 

    Are you safe from those people now?
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  • woodbine
    woodbine Community Co-Production Group Posts: 5,256 Disability Gamechanger
    If as you say a drug gang compelled you under duress and threatened your life why did you not go to the police? I would assume that's the action the DWP would have expected? ?
    Offering PIP advice to people with epilepsy.
  • Peter99
    Peter99 Member Posts: 65 Connected
    edited May 29
    @woodbine
    This happened more than 10 yrs ago. I (or my family) wouldn't be alive typing this if I had reported to the Police. 

    @Ross_Scope yes I am safe now that I have repaid the debts.
  • mikehughescq
    mikehughescq Member Posts: 7,445 Disability Gamechanger
    Okay, apologies for misinterpreting your comment.

    Given the subject matter I have nothing further to say. 
  • Peter99
    Peter99 Member Posts: 65 Connected
    Hi Mike,
    I am just curious you said "nothing further to say" after asking me for such a lengthy submission.  Is there anything I am missing?
  • mikehughescq
    mikehughescq Member Posts: 7,445 Disability Gamechanger
    I have referred the matter to Scope because of the nature of that disclosure. 
  • Peter99
    Peter99 Member Posts: 65 Connected
    Mike,
    Thank you for the referral. I will be looking forward to hearing from Scope. 

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