UC over payment of £14k help - Page 2 — Scope | Disability forum
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UC over payment of £14k help

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  • Peter99
    Peter99 Community member Posts: 65 Connected
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    @u08cad
    To give you an idea, please read the UT Judgements on capital/home disregard CIS/1198/2012, CH/1751/2012. 
    As Mike rightly said, don't bother about what DWP said. It is your story that counts and if DWP cannot prove you wrong, you WIN. It is as simple as that.
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  • u08cad
    u08cad Community member Posts: 18 Listener
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    Thank you so much. I will look up those judgements and see the conclusions that the UT drew. This feels hopeful now
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  • u08cad
    u08cad Community member Posts: 18 Listener
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    @Beesmummy798 thank you. It is exhausting. I’m sorry you have these struggles too :(Yes I seen have that his advice is direct bordering on brutal. Rubbishing individuals and ushering them to find legal help which isn’t readily available when we have a part time CAB office isn’t hugely helpful. The guidance is complex and we are all trying our best to navigate it. Tone is key and when people are disabled and struggling, harsh words and criticisms aimed at what you are trying to do without offering firm solutions  tear people down not build them up. Understanding whether decisions are supercession, supercedung, the effective date, whether a decision is advantageous to the claimant or punitive are technical to understand. Given that these text boxes are a minefield to produce a coherent argument when you have brain injury or neurodiverse problems, a softening of tone would go a long way to help. Where as other people have pointed me to specific guidance relevant to the case that should be helpful and in a positive manner with no blame apportioned. There are ways to try to get someone to clarify things without making them feel more worthless and exhausted than they already do. 
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  • Peter99
    Peter99 Community member Posts: 65 Connected
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    @u08cad
    The Government has deliberately and intentionally destroyed the Welfare advice system so claimants will have no where to go for a good and correct advice. I remember when a friend of mine seeked advice at Citizens Advice where he was told he had no chance of winning but when ahead by himself and WON at the Tribunal. 
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  • u08cad
    u08cad Community member Posts: 18 Listener
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    It’s frightening isn’t it. The advice I’ve had from UC on a past issue was dreadful and I took their advice to apply for uC in the first place because I was too ill after the stroke. I’ve won a wtc tribunal and had to take a CICA clsim to tribunal. I’ve always won the contact arrangement asked for at court over multiple child hearings but after the stroke I’m not quite as sharp with paperwork. I feel there is a case here. Sometimes Upper Tribunals ignore the law in point anyway if it breaks natural justice. I will do some digging once I am feeling up to it. Just having two tribunal cases to refer to is a massive boost. I can’t view them as In not a benefits adviser but I’m sure CAB can. 
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  • u08cad
    u08cad Community member Posts: 18 Listener
    edited July 2021
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    @Peter99 I know the schedule 10 rules and it should disapply for 6 months with a discretionary period thereafter. DM1 took ages to make the original decision and there was a lengthy phone call. DM2 and 3 looked at it for five minutes! It’s the UC terminology that is really testing. There was a review decision which took place 6 months late which upheld the original decision but led to a change circumstances with effective date of end of 6 months grace period. Then a MR saying they had looked again at decision two and upheld it however the letter clearly shows they have not upheld it  they have suddenly superseded   decision 1 and 2 and not upheld decision 2 at all and withdrawn all UC ever. This is based on ‘new infomation’ that DM 1 would not have had available but it was because the info mentioned was on the original form given to DM1 and they even quote it. Trying to unravel which decisions are valid, allowed and can be upheld and from which date is the headache and  if the backdating of a decision is detrimental to the claimant is also part of  some of the guidance. I just need to keep reading the guidance and asking relevant questions to points I don’t understand as none of the UC advisors I have spoke to can understand my journal as it makes no logical sense as it stands.
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  • Tori_Scope
    Tori_Scope Scope Posts: 12,492 Disability Gamechanger
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    Hi @uo8cad,

    Firstly, I'm sorry that you're in this situation. I can imagine that it's stressful, especially when you've been struggling to access expert advice in your local area.

    I'm glad that you've found the technical pointers and other bits and pieces of the advice above helpful. Please do continue to ask questions as you come across other points you're unsure of. 

    You're right that minding your tone is really important, especially on an online forum. It can sometimes be difficult to detect people's tone through written text, and misunderstandings do happen. It doesn't seem as though mikehughescq intended to make you feel worthless, and his signpost towards expert advice is because, although the community is hopefully a good place to get advice and support, there's only so much our members can do and getting one-to-one expert advice where possible is the best option.

    This is a friendly reminder to everyone on the thread to be mindful of their tone, and to refrain from posting personal attacks against other members. Here is a link to our house rules, in case anyone needs a reminder.
    National Campaigns Officer, she/her

    Check out our Playground Accessibility Map
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