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ESA SUPPORT GROUP AND BOYFRIEND STAYING OVERNIGHT
- susanalicebarry
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10 years 6 months ago #126169 by susanalicebarry
ESA SUPPORT GROUP AND BOYFRIEND STAYING OVERNIGHT was created by susanalicebarry
Hi
This morning I had to attend an interview with the Compliance Officer at the local Job Centre.
I am the appointee and official carer for my daughter who is receipt of ESA (Support Group) and we went to a family weddingicon in Turkey for 7 days in June 2014. Apparently I am meant to inform them when my daughter goes on holidayicon for a week, firstly I would like to know if this is true as I thought it was longer than this. The second thing I would like to clarify is that since this holiday someone has informed the DWP that my daughter is living abroad in Turkey with a Turk which is totally untrue.
After this holiday my daughter broke off her long term relationship with a boyfriend who she was not living with, they both had seperate properties and since then has moved back into my home with me due to harassment and other problems, my daughter has mental health problems.
We attended a Compliance Interview this morning in which she showed her passport, I had to show some I.D. and I provided written confirmation that my daughter is living with me.
The Compliance Officer used bullying tactics which were way over the top, it is a good job that I know the Benefits system quite well as I used to work at the Citizens Advice Bureau but that was a few years ago now.
This officer was like a rabid dog with a bone and treated us both terribly. She has stated that my daughter is not even allowed to stay overnight anywhere with her new boyfriend nor he with her when she is in receipt of ESA, is this correct because if so then that would mean that nobody under the new system would be allowed to have a normal relationship.
I did state I was very unhappy with the bullying tactics and that I was going to complain at a higher level.
Can somebody on this site please enlighten me on the new rules in regard to ESA.
I appreciate any help in this matter. My daughter is 26 years old.
This morning I had to attend an interview with the Compliance Officer at the local Job Centre.
I am the appointee and official carer for my daughter who is receipt of ESA (Support Group) and we went to a family weddingicon in Turkey for 7 days in June 2014. Apparently I am meant to inform them when my daughter goes on holidayicon for a week, firstly I would like to know if this is true as I thought it was longer than this. The second thing I would like to clarify is that since this holiday someone has informed the DWP that my daughter is living abroad in Turkey with a Turk which is totally untrue.
After this holiday my daughter broke off her long term relationship with a boyfriend who she was not living with, they both had seperate properties and since then has moved back into my home with me due to harassment and other problems, my daughter has mental health problems.
We attended a Compliance Interview this morning in which she showed her passport, I had to show some I.D. and I provided written confirmation that my daughter is living with me.
The Compliance Officer used bullying tactics which were way over the top, it is a good job that I know the Benefits system quite well as I used to work at the Citizens Advice Bureau but that was a few years ago now.
This officer was like a rabid dog with a bone and treated us both terribly. She has stated that my daughter is not even allowed to stay overnight anywhere with her new boyfriend nor he with her when she is in receipt of ESA, is this correct because if so then that would mean that nobody under the new system would be allowed to have a normal relationship.
I did state I was very unhappy with the bullying tactics and that I was going to complain at a higher level.
Can somebody on this site please enlighten me on the new rules in regard to ESA.
I appreciate any help in this matter. My daughter is 26 years old.
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- Gordon
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10 years 6 months ago #126172 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA SUPPORT GROUP AND BOYFRIEND STAYING OVERNIGHT
Suzi
Unfortunately the rules for being away from your normal place of residence and being seen as living together are poorly defined and in the case of the latter, to a considerable degree at the discretion of the Decision Maker.
First of all, can I confirm that she is receiving ESA(IR) as most of the problems disappear is she is receiving ESA(CB)?
The law allows ESA claimants to be absent from the country for 4 weeks without it affecting the benefit, the rules for notifying the DWP are far from clear. The initial documentation that all claimants receive at the start of their claim makes it clear that all absences must be reported, the reality is that the DWP take little interest in periods of 1 or 2 days and even longer periods. Our view (much argued over), is that claimants should report any significant absence and all occasions when they leave the country in order to cover themselves with the DWP.
That said, My suspicion is that the primary reason this was raised with your daughter was the report that she was still living in Turkey or at the least, that she had been out of the country for more than four weeks. Hopefully the passports should be sufficient to show that this was not the case, but if not, the ticket stubs from your flights should squash any further argument.
The issue of your daughter staying with her boyfriend is in relation to them being seen as a couple. There is lots of guidance for Decision Makers in regard to this subject but there is still considerable grey area in the middle, which the Decision Maker is tasked with clearing.
Their having separate addresses is a positive, but there is no clear cut rule that says staying together this number of nights a week is OK and more is not, I would certainly say that staying together one night a week is unlikely to be seen as their living as a couple, whereas seven nights a week probably will.
As to a complaint. I am afraid Compliance interview tend to be quite aggressive, you will have to consider for yourself whether the DWP officer exceed their brief or not.
Gordon
Unfortunately the rules for being away from your normal place of residence and being seen as living together are poorly defined and in the case of the latter, to a considerable degree at the discretion of the Decision Maker.
First of all, can I confirm that she is receiving ESA(IR) as most of the problems disappear is she is receiving ESA(CB)?
The law allows ESA claimants to be absent from the country for 4 weeks without it affecting the benefit, the rules for notifying the DWP are far from clear. The initial documentation that all claimants receive at the start of their claim makes it clear that all absences must be reported, the reality is that the DWP take little interest in periods of 1 or 2 days and even longer periods. Our view (much argued over), is that claimants should report any significant absence and all occasions when they leave the country in order to cover themselves with the DWP.
That said, My suspicion is that the primary reason this was raised with your daughter was the report that she was still living in Turkey or at the least, that she had been out of the country for more than four weeks. Hopefully the passports should be sufficient to show that this was not the case, but if not, the ticket stubs from your flights should squash any further argument.
The issue of your daughter staying with her boyfriend is in relation to them being seen as a couple. There is lots of guidance for Decision Makers in regard to this subject but there is still considerable grey area in the middle, which the Decision Maker is tasked with clearing.
Their having separate addresses is a positive, but there is no clear cut rule that says staying together this number of nights a week is OK and more is not, I would certainly say that staying together one night a week is unlikely to be seen as their living as a couple, whereas seven nights a week probably will.
As to a complaint. I am afraid Compliance interview tend to be quite aggressive, you will have to consider for yourself whether the DWP officer exceed their brief or not.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: susanalicebarry
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