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Am I commiting fraud?!

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1 month 2 weeks ago #295147 by Susie
Am I commiting fraud?! was created by Susie
A very strange situation occurred today, when I attempted to claim my petrol and parking for a hospital appointment. My husband has been claiming old stle ESA in the support group for many years. The letter that we produce as evidence states that his payment of ESA is based on his NI contribution records and any additional amount the law says he needs to live on. It also includes living expenses for me, his wife, although the yearly letter has never ever named me. The DWP do of course hold all my details. The amount he receives is an entirely income-related entitlement as there is no other income for either of us as I am disabled too. I was told today that I could not claim my petrol and parking even though the claim includes me. The clerk took his award letter and photocopied it without his consent and made us feel like criminals. She said she will call the DWP to find out if I am allowed to claim my petrol and parking. Any thoughts please?
Thank you if you have got this far!

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1 month 2 weeks ago #295149 by Gary
Replied by Gary on topic Am I commiting fraud?!
Hi Susie

From your post it is hard to say. At the beginning you state that his payments of ESA is based on his NI contributions records and then you say it also includes living expenses for me, his wife.

Without looking at the letter we cannot tell, he may be getting both CB ESA with a top up of CB ESA. We would advise you to contact your local Welfare Rights Organisation advicelocal.uk , they will be able all your circumstances into consideration, if you are in receipt of IR ESA then you are not committing fraud.

Gary

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1 month 1 week ago #295239 by Susie
Replied by Susie on topic Am I commiting fraud?!
Thank you Gary. He is receiving income related ESA. The amount he receives is totally income related. It states the living expenses for him and 'your partner' which is me. I have been his wife for 42 years. The clerk said I needed to be named on the claim. The annual letters from the DWP have always been written in this way and there has never been a problem before. The fact that she took the awards letter and said it would be investigated shocked and upset me, probably more than the heart surgery which is planned!

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1 month 1 week ago #295240 by Mollie
Replied by Mollie on topic Am I commiting fraud?!
I think that you got someone who wanted to appear efficient but didn't know the rules. If you receive means-tested benefits you are entitled to claim travel expenses to the hospital and parking. We claimed this for 20 years and sometimes met this attitude. The policy on claiming these expenses must be one of the clearest policy documents ever written by a public organisation with examples covering almost every scenario.
The following user(s) said Thank You: Gary

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1 month 1 week ago #295254 by Gary
Replied by Gary on topic Am I commiting fraud?!
Hi Susie

I think it is a training issue for the clerk, they only have to look at the breakdown to see it is not for a single person £142.25 pw + premiums.

Gary

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