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Reviewing of Benefit claim???

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7 years 9 months ago #166342 by Kaz60
Replied by Kaz60 on topic Reviewing of Benefit claim???
Thank you Mrs Hurtyback
I will wait and see if they telephone me back. Surely they cannot sanction him for refusing a telephone interview when I have said we will be happy to got to a face to face?
I honestly feel like telling them to stick their ESA because the amount of anxiety I have is beyond belief.
The only thing that is stopping me is that I know my son will find it very difficult to find a job within his capabilities so in the future he probably will have to rely on these benefits.
The fact that I have been told on numerous occasions that he would have been entitled to DLA from the age of 5, he is now 21, and we have only started to claim, is making me more angry that we are having to endure this carry on -

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7 years 9 months ago #166600 by Kaz60
Replied by Kaz60 on topic Reviewing of Benefit claim???
Gordon/Mrs Hurtyback
Well, I plucked up the courage to telephone the compliance office today and surprise surprise they told me that it would be quicker to have a telephone interview than wait for a face to face as they were 'extremely busy' in my area!!
As this has been ongoing for 2 weeks now (and my stress levels are through the roof) I agreed on the condition that I was informed if there was anything in particular they needed to know. He went on to ask me if there was any changes in my son's income or savings...He scheduled the actual interview for next week and told me he was quite happy to speak to me as I dealt with my son's affairs.
Obviously he knew exactly the situation so I decided to say honestly about my son's savings being over the £6000 limit 4 months before I applied for ESA... A genuine mistake on my part as I had it in my head it was £16000.. I'm so stupid...
The upshot is that I need to forward his bank statements once this interview is over and they will work out the overpayment due, which shouldn't be too much because he is still in the assessment phase.
I've been trying to read through their guidelines and by what I can make out, using my son's assets to renew our car (for his benefit may I add) can be classed as deprevation of funds!!!! - and therefore he can still be classed as actually having that money? Our funds that we scrimped and saved for since he was young...
I don't mind paying the overpayment, because I should have been more careful, but I am annoyed that his 21st birthday money is to be deprived from him!!!!!
Have you any idea if this is the case or am I reading it all wrong and has anyone ever had a telephone interview that can tell me what to expect???
Thanks

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7 years 9 months ago #166613 by slugsta
Replied by slugsta on topic Reviewing of Benefit claim???
Hi Kaz,

One of the big things when deciding whether there has been a 'deprivation of capital' is that there must have been intent to gain more benefits when the spending took place. So, the fact that a decision might have been made that Person A did deprive themselves, it could go the other way for Person B.

I know it is easy for me to say, but please try not to get yourself into a tizzy about this.

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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