- Posts: 9
Advice needed please, Income Support
- Slartibartfast
- Topic Author
- Offline
So hopefully I shouldnt have anything to worry about then? I really hope not, as I couldn`t survive with just the dla, and I only have a few hundred pounds left, and that wont last long, with fuel bills etc. I`ve written to them, and am waiting to post it when I feel well enough to go to the shops. My father has also expressed his gratitude for your replies. I will let you all know what happens when I recieve a reply from them.
Thanks.
Please Log in or Create an account to join the conversation.
- Slartibartfast
- Topic Author
- Offline
- Posts: 9
I wrote back to the DWP, and on Saturday I recieved a change of circumstances form, asking me what money I have coming in (I have none, apart from DLA and IS), what I have earned (nothing), and a hand written box, asking me to send my last six months bank statements and a "Transaction of Mortgage Payment", which I dont have, as I only recieve a mortgage statement once a year, in August, which was before I made the pament. The form is called a "weekly IS statement" and says I must send one back every week until my claim is "sorted", or my IS will stop. This is causing me indescribable stress and all because I wanted to do something to help myself. I feel like Ive done something wrong but I dont know what it is.
Any advise would be very gratefully recieved.
Please Log in or Create an account to join the conversation.
- Survivor
I think that it's important to try not to panic. The paperwork is a pain in the wotsit, but you've got nothing to hide, so there's nothing they can find.
They probably think you've got a job or something, but once they realise that you don't, they should turn their attentions elsewhere.
But I think that it's well-worth getting some support to deal with this, because if they think you're cheating, potentially it's very serious, so if you can get a welfare adviser to help, then that won't go amiss. If the DWP gets heavy as opposed to just sending you these forms to fill in, seriously consider seeing a solicitor with knowledge of welfare matters.
In the meantime, can you get on to your lender and ask for a statement and maybe also get something from your father to show that his contribution came out of his account and that the mortgage is in your joint names?
Please Log in or Create an account to join the conversation.
- Crazydiamond
- Offline
- Posts: 2022
Hello,
I wrote back to the DWP, and on Saturday I recieved a change of circumstances form, asking me what money I have coming in (I have none, apart from DLA and IS), what I have earned (nothing), and a hand written box, asking me to send my last six months bank statements and a "Transaction of Mortgage Payment", which I dont have, as I only recieve a mortgage statement once a year, in August, which was before I made the pament. The form is called a "weekly IS statement" and says I must send one back every week until my claim is "sorted", or my IS will stop. This is causing me indescribable stress and all because I wanted to do something to help myself. I feel like Ive done something wrong but I dont know what it is.
Any advise would be very gratefully recieved.
The DWP are not entitled to request six months bank statements from you, as in some cases a fee will be payable to obtain these bank statements. A claimant should never be asked to obtain information at their own expense, in any circumstances.
What is likely to be happening is that the DWP are checking to see whether you may have deposited the arrears in undeclared bank/building society accounts. However, by doing so they are going against the clear instruction that arrears can be disregarded for 52 weeks from the date of receipt, and in cases where the arrears exceed £5,000, for the lifetime of the IS award as defined in paragraph 29510 of the Decision Makers Guide.
You may wish to write back to the DWP pointing out DMG para 29510, and inform them that you will only obtain the requisite six months bank statements if they are prepared to pay for them, and they can show you clear official evidence that they can be requested from you? Furthermore, the benefits/capital belonging to you father are entirely separate, and have no bearing whatsoever on your IS award.
I would also consider asking your constituency MP to intervene in this matter?
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Slartibartfast
- Topic Author
- Offline
- Posts: 9
I should point out that the arreas payment was more than 52 weeks ago, but my capital
remained under 6,000 even with the arreas. Does this make a difference?
I will write to the DWP and ask them if they will pay for the bank statements, likewise with the mortgage statement.
Please Log in or Create an account to join the conversation.
- pete17971
Thank you both very much for your replies.
I should point out that the arreas payment was more than 52 weeks ago, but my capital
remained under 6,000 even with the arreas. Does this make a difference?
I will write to the DWP and ask them if they will pay for the bank statements, likewise with the mortgage statement.
Hi,
As CD and Survivor have both stated, your backpayment of over £5k is disregarded for the life of your IS claim (and as your total was less than £6k anyway) it makes no difference, you can dispose of the money as you think fit.
I would most certainly ask the DWP to pay for any expense involved, however they may dispute this as some banks/building societies will provide free hard copy statements for benefit claims purposes, even if you are an 'online' customer who does not receive hard copy statments.
If your bank/building society do charge for statements etc, it is sometimes cheaper rather than asking for the statments for the purpose you need them, instead enter a subject access request under the Data Protection Act as the information can be supplied for a whole period for just one charge.
Pete
Please Log in or Create an account to join the conversation.