Hardship Case - Means Test

[nufnufnicky]

I'm trying to reclaim Bank Charges (in the region of about £4000) through Portal Claims as a hardship case. I recently filled out a means test form but was refused as a hardship case as they say I have sufficient income to cover my expenditures.
Could somebody please advise on the following;

• I receive DLA on behalf of my severely disabled 13 year old son. Are they allowed to count this as part of my income in their means testing? (I included a cover letter and proof, but they seemed to have overlooked this.)

• Part of my Income Support is paid because I have a severely disabled child. Can this also be countedas part of my income?

• I also receive DLA for myself as I too have disabilities. I have heard that being disabled is another criteria for claiming under ther hardship rules. Is this true?

• The moneysavingexpert.com website states that another criteria for financial hardship is failing to make loan repayments or other commitments. I have just paid off my Nat West loan (the bank which I am trying to reclaim from) but there were many occasions when I was unable to make repayments (and incurred further charges as a result). Should the bank also consider this as financial hardship even though it is now paid off? (As I am trying to reclaim charges for the period that I had problems with repayment.)

• Sometimes my entire Child Tax Credits for the week is taken in bank charges leaving me with nothing to buy groceries etc. Should this also be considered by the bank as financial hardship?

Could really do with some advice as the whole thing is making me quite ill.
Nicky.

[TUTTSI]

Re: Hardship Case - Means Test

Hi and welcome to Legal Beagles.

If you could either post up your I & E that you have already completed or complete this one http://www.legalbeagles.info/forums/...ead.php?t=5102 so we can take a look to see if there is help that we can give you. Maybe, you have missed something vital off that could make all the difference.Please post it back up on here but omitting any personal details.

Also, take a look here in our guide to claiming hardship http://www.legalbeagles.info/forums/...ad.php?t=15761
again look at what is actually allowed on the FSA waiver rules for hardship and see if there is something here that you have missed.

How are you finding dealing with Portal Claims?


Tuttsi

[Amethyst]

Re: Hardship Case - Means Test

Hi Nicky and welcome to Beagles


With regards to DLA - yes it can be taken into account. On your income and expenditure sheet - the DLA will show as an income, and then as outgoings. If DLA is paid to a child, costs would be shown under childcare costs. This expenditure heading is also for items such as childminder fees, nurseries etc, so this may mean that if there is a disabled child in the household, the total childcare expenditure may be higher than average. You should outline this in your letter detailing your case for hardship. The same applies with any DLA for yourself and any extra income support elements.

Without seeing your income and expenditure forms its difficult to say. Basically ALL income and ALL expenditure is taken into account. If your income is more than your expenditure and you have no priority arrears (council tax/utilities/rent/mortgage) then it is probably correct that they have deemed you not in sever financial hardship. Also Hardship is your current circumstances and I assume that since paying off the loan things have gotten a little easier ?

Was it the bank or this Portal Claims who have said you arent in hardship ? Did you spell out your case to the bank or just complete a 'means' form and give it to the CMC to deal with ?

Have the bank put forward any other suggestions to assist you, such as moving to basic account / stopping future charges / reorgainising DDs etc ?

This

Sometimes my entire Child Tax Credits for the week is taken in bank charges leaving me with nothing to buy groceries etc. Should this also be considered by the bank as financial hardship?

needs addressing.

Why are these charges occuring ? If you are stuck in a vicious circle, which is easy to get into once you have had a couple charges and your budget is so tight, then you need to get out of the circle, by moving accounts, rearranging DDs etc.

In your contract with Portal can you approach the bank directly, and do you have copies of the letters / information Portal sent to the banks to put forward your case for hardship ?

Ame
xx

[EXC]

Re: Hardship Case - Means Test

Hi Nicky

I'm glad you made it over and see your being looked after already.

Nick