Bobkirkpatrick

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Viewing 15 posts - 1 through 15 (of 76 total)
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  • in reply to: Appeal appointee #66789
    Bobkirkpatrick
    Participant

    Very true – I do represent claimants when my employer, an RSL, has a “vested interest” – but – hurrah! – not for much longer. I am leaving Notting Hill, after being here for 30 years, next Wednesday, to take what I consider to be a well-deserved early retirement (thanks to the Social Housing Pension Scheme!).

    Thanks to all of those who’ve helped with answers to queries on hbinfo over the last few years.

    I’m leaving with mixed feelings – regret that I will no longer have the buzz of successfully challenging decisions, and the satisfaction of increasing incomes for some very vulnerable and poor people; but relief that I will no longer have to deal with what are often appalling decisions (lazy, inaccurate, careless or just plain wrong) when the staff concerned should have known better (not just local authority staff but DWP staff as well).

    Rant over. Goodbye, and thanks for all the fish.

    in reply to: Is it illegal?? #66740
    Bobkirkpatrick
    Participant

    But you can spell either…….

    in reply to: Expenses deduction from earnings #66077
    Bobkirkpatrick
    Participant

    This is ludicrous……Presumably the next question is “how many hours a week do you use the scissors outside the hairdressers?” “Well, I cut an advert out of a magazine the other day, and I cut a loose piece of thread from a jacket last week, and I trimmed my boyfriend’s moustache….” “Oh, yes, and how long did that take, exactly?” “Oh, 5 minutes roughly.” “Okay, let’s say you use these scissors for 10 minutes a week outside of working hours. You work 35 hours a week, and there are 168 hours in a week, so you have them at home for 133 hours, although you’re presumably asleep for 56 of those hours, so that leaves 77 hours, although perhaps I’m looking at this the wrong way. 10 minutes a week is one-sixth of an hour, which is one 210th of your total working hours. Your pay is reduced by £20 a week, and one 210th of £20 is 9p. Therefore we will reduce your HB by 6p a week until you’ve paid your employer back.”

    in reply to: Temporary absence – Reg 7 – Fear of violence #65716
    Bobkirkpatrick
    Participant

    Doesn’t paragraph 10 of Reg 7 fit the bill – HB should continue on old home for 4 weeks after vacating? Therefore payable up to Sunday 22 July.

    in reply to: CH/3900/2005 – Provider of exempt (from SRR) accommodation #65209
    Bobkirkpatrick
    Participant

    I wonder what’s happened/will happen to the claimant in this case……

    in reply to: Disregarded capital???? #65658
    Bobkirkpatrick
    Participant

    Paragraph 26?

    in reply to: failure to report new baby #65346
    Bobkirkpatrick
    Participant

    DLA is covered by Part III of the Contributions & Benefits Act – as is Attendance Allowance, Severe Disablement Allowamce, Carer’s Allowance & Guardian’a Allowance.

    Therefore these are all “relevant benefits”.

    in reply to: Healthcare Students #65315
    Bobkirkpatrick
    Participant

    Mistake first – final year figure should be £1,260 (slip of the typing finger).

    Re the difference between new and existing students – the Loan figures I have are the same in both cases.

    New student bursaries are £3,215 for London students, whereas for existing students it’s £2,976. Why there’s a difference I haven’t been able to fathom.

    in reply to: Healthcare Students #65312
    Bobkirkpatrick
    Participant

    The figures I have are £3,100 full-year loan for students in London (£2,375 final year loan).

    The out-of-London rates are £2,210 (£1,720 final year) and for students living with their parents £1,660 (£1,620).

    Unfortunately, I can’t recall where I unearthed this information – sorry!

    in reply to: Which reg defines the actual date of COC for deaths? #64871
    Bobkirkpatrick
    Participant

    Reg 68? Shurely shome mishtake…….

    The relevant provision is Regulation 79 (Reg. 59 of the pension credit age Regs). The question at stake is the date on which the change of circumstances occurs.

    If a tenant dies on a Sunday, the question is whether or not they are still occupying the dwelling as their home on that date. The answer is surely “yes”. There is an analogy with absence from the home – in R(S)1/66 it was held that a person who leaves Great Britain is present in Great Britain on the day they leave (and on the day they return)). Therefore, someone who dies is still occuipying their dwelling on the day they die. They are no longer occupying it on the day after they die.

    The change of circumstances therefore occurs on the day after they die, when they are no longer occupying the dwelling as their home. If they die on a Sunday, the change happens on the Monday, and under Reg. 79 the change takes effect from the Monday after that.

    But then, I would say that, wouldn’t I, Anthony?

    in reply to: overpayment appeal and mental health issues #63943
    Bobkirkpatrick
    Participant

    As a half-decent rep. I find the above posting very distasteful and insulting.

    in reply to: Owner Occupiers and Communal Areas #15474
    Bobkirkpatrick
    Participant

    The DWP is wrong. Her housing costs are eligible for IS purposes – see paragraph 17 of Schedule 3 of the Income Support (General) Regulations:

    ……there shall be met under this paragraph the amounts…..in respect of the following housing costs –
    (a) payments by way of rent or ground rent relating to a long tenancy….
    (b) service charges (subject to exclusions – the HB Regs refers)

    Bobkirkpatrick
    Participant

    A prisoner being held in custody on remand can only claim Income Support or Pension Credit towards their housing costs (i.e. mortgage interest etc.) – they cannot receive a Personal Allowance and any premiums.

    Payment of most other benefits (including Incapacity Benefit, Disability Living Allowance, Retirement Pension, Carer’s Allowance etc.) is suspended – if they are then released without having been sentenced, then arrears will be paid. On the other hand, if a remand prisoner is subsequently sentenced to a term of imprisonment – including a suspended sentence – they will be disqualified from receiving benefit for the period they were in prison.

    in reply to: payments via BAC’s #15424
    Bobkirkpatrick
    Participant

    Regulation 92 says that payments to landlords shall be made at intervals of 4 weeks and “at the end of the period in respect of which it is made.” I think the phrase “the end of the period” is open to interpretation – a payment made on a Friday is, after all, near enough to the end of a 4 weeks period to count as being “at the end” – as opposed to a payment being made on the Monday of the 4th week.

    If you make the payment on the Monday on the 5th week, as you appear to be doing, then you are actually making it at the beginning of the next period, and not the end of the previous one.

    in reply to: Incapable of work? #14901
    Bobkirkpatrick
    Participant

    Okay then – you’ll find the answer (which is “yes”) in Schedule 3 of the Housing Benefit & Council Tax Benefit (Consequential Provisions) Regulations 2006 – which refers to a person who is “incapable of work for the purposes of one or more of the provisions of the Social Security Act, or Part 2 of the [Social Security Contributions and Benefits] Act.”

    Furthermore, decisions on incapacity must be made by the Secretary of State, and cannot be decided by a local authority.

Viewing 15 posts - 1 through 15 (of 76 total)