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9 years 4 months ago #147496 by june cunningham
permitted work was created by june cunningham
what can be done if a sanction is applied because of exceeding the time limit for earning at a higher rate when the person did not realise that this was the criteria ,because of severe depression and not being able to handle his affairs? and not having the procedure explained to him. The job only entailed telephone bookings being made to him in his home and work of 5-6 hours a week He is in receipt of severe disability benefit . he received no advice or help with regard to this
Because of this housing benefit was also stopped for this period .The ESA and housing benefits were reinstated after the dwp said they had made an error and they said repayment of the lost period would be referred to a decision maker who has not replied regarding any repayment.

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9 years 4 months ago #147517 by Gordon
Replied by Gordon on topic permitted work

june cunningham wrote: what can be done if a sanction is applied because of exceeding the time limit for earning at a higher rate when the person did not realise that this was the criteria ,because of severe depression and not being able to handle his affairs? and not having the procedure explained to him. The job only entailed telephone bookings being made to him in his home and work of 5-6 hours a week He is in receipt of severe disability benefit . he received no advice or help with regard to this
Because of this housing benefit was also stopped for this period .The ESA and housing benefits were reinstated after the dwp said they had made an error and they said repayment of the lost period would be referred to a decision maker who has not replied regarding any repayment.


I'm afraid ignorance of the law is unlikely to be accepted as Good Cause. The law is black and white on this issue, if the Upper Limit is exceeded then payment must be suspended.

Gordon

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

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9 years 4 months ago #147723 by june cunningham
Replied by june cunningham on topic permitted work
is it not the responsibility of the dwp to advise when the benefit is due to end and what is the position regarding housing benefit when the recipient is classed as severely disabled,
can they put these people on to the streets?

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9 years 4 months ago #147724 by june cunningham
Replied by june cunningham on topic permitted work
Also the benefits were reinstated after two weeks. An appeal was launched to dwp who advised it would be given to a decision maker,as yet no response has been made to our letter.
The department were fully aware that the recipient was in danger of suicide
and was receiving treatment after referral by the hospital.
I thought the sensible way would be to take the excess earnings which need not have affected the benefits in this case.

June

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  • foss27
9 years 4 months ago - 9 years 4 months ago #147726 by foss27
Replied by foss27 on topic permitted work
Hi
The DWP never claim to be sensible.

It is not their responsibility to check as such.
Obviously their kneejerk reaction is suspension of benefit because that provokes a reaction from the claimant.
They have reinstated the benefit.
My advice would be to contact them again and speak to your MP.
The council are just as ridiculous. They get notified by DWP and, again, kneejerk reaction.
Contact them again as well and tell your MP.
Last edit: 9 years 4 months ago by foss27.

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9 years 4 months ago #147745 by june cunningham
Replied by june cunningham on topic permitted work
I have just discovered that housing benefit should not be stopped unless the benefit is stopped altogether.I have referred this matter to the MP. apparently the housing benefit officers are not reading their own rule and acting according to them but misinterpreting them.

June

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