Challenging a decision maker's decision for the second time.

[quarkmite]

Some two years ago now my husband was in effect put under investigation
as the rules for therapeutic working had changed and it was discovered
he was earning over the limit. We never had any letter to advise us the
rules had changed. He was in the process of being admitted to hosptal
when the two yearly review forms arrived and we each filled a form in
but our figures did not tally so I think we appeared to be
fraudsters.After awaiting a decision for weeks he was told he must be
signed off and re-apply. He had been on a higher rate incapacity
benefit so we had his benenfit cut by £150.00 per month. The result of
our appeal AND a letter to the Minister for the Disabled produced no
results other than a report of what the findings had been.Do I just
have to let it lie or is there any help I can enlist that would get us
justice please? They impounded his book and thereby " stole " some
£450.00 in back dated money he had felt too ill to collect. I work
full-time so we do not qualify for legal aid.

 

[Robbie]

Some two years ago now my husband was in effect put under investigation
as the rules for therapeutic working had changed and it was discovered
he was earning over the limit. We never had any letter to advise us the
rules had changed. He was in the process of being admitted to hosptal
when the two yearly review forms arrived and we each filled a form in
but our figures did not tally so I think we appeared to be
fraudsters.After awaiting a decision for weeks he was told he must be
signed off and re-apply. He had been on a higher rate incapacity
benefit so we had his benenfit cut by £150.00 per month. The result of
our appeal AND a letter to the Minister for the Disabled produced no
results other than a report of what the findings had been.Do I just
have to let it lie or is there any help I can enlist that would get us
justice please? They impounded his book and thereby " stole " some
£450.00 in back dated money he had felt too ill to collect. I work
full-time so we do not qualify for legal aid.

Your husband should have received a letter at the time the rules
changed, if he was on benefit at the time. They changed some time in the
very early 00s, if I remember. Additionally, the order book contained a
series of notes in the back that should have explained how earnings
would affect his IncapBenefit.

I'm afraid there is little you can do - if the law has been applied
correctly and his benefit was stopped then all you could have queried
was any overpayment that he was deemed to have received. As he wasn't
entitled to IB for a certain period of time he would have dropped down
to the lower rate once he reclaimed. For people no longer entitled to IB
there is a 12 month linking period which allows a person to try out a
job and then return to benefit at the same (higher) level but this has
to be applied for at the time and I don't think can be applied for
retrospectively.

Without sounding pessimistic, I'm afraid there's little else your
husband can do, except just put it behind him.

 

[Mike]

Your husband should have received a letter at the time the rules
changed, if he was on benefit at the time. They changed some time in the
very early 00s, if I remember. Additionally, the order book contained a
series of notes in the back that should have explained how earnings
would affect his IncapBenefit.

I'm afraid there is little you can do - if the law has been applied
correctly and his benefit was stopped then all you could have queried
was any overpayment that he was deemed to have received. As he wasn't
entitled to IB for a certain period of time he would have dropped down
to the lower rate once he reclaimed. For people no longer entitled to IB
there is a 12 month linking period which allows a person to try out a
job and then return to benefit at the same (higher) level but this has
to be applied for at the time and I don't think can be applied for
retrospectively.

Without sounding pessimistic, I'm afraid there's little else your
husband can do, except just put it behind him.

If the decision has been upheld by an appeal tribunal the next recourse
is the social security commissioner. This is somewhat more complex than
an appeal so you probably need to seek legal advice before trying that
route.

The commissioner cannot change the legislation nor decide on the
recoverability of any O/P merely the application of the law itself.

Mike

 

[quarkmite]

Robbie and Mike I thank you for your responses. Really appreciated.