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Hi there, I recently submitted a post with same title (above) where I had been advising a young person, about his benefits - moreso his continuing entitlement to Income support. He is now aged 21, in full time relevant education (non advanced) - also received DLA - [mrc & lrm], lives independently and also received Housing Benefit and Council Tax Benefit.
However, his entitlement to Income Support had been owing to his being estranged from parents/vulnerable person etc, which ceases at age 21!
So I had pre-empted this problem and found legislation applicable to him, which would entitle him to continue claiming Income Support until his College Course ends in June 2011. What I advised him to rely on was that owing to him being in receipt of benefits prior to October 2008, the prescribed term of entitlement existing, for a person with a disability (receiving middle rate care) attending a non-advanced College Course, Government Funded, Full-time (16 and a half hours); could be used, as afforded by the Saving Conditions of this legislation. This would no longer apply to new claims for IS/Benefit, only if the claimant was in receipt of benefit, prior to October 2008.
We, telephoned the JCP and explained this to them asking for them to note this on the system and process accordingly, in order that his benefits would not just suddenly cease on the 11 Dec 2010 - when he would turn 21. They agreed with my findings and accepted this piece of legislation to be applicable in his case, assuring us that his benefits would not cease on the 11 Dec. The Benefit Advisor, even stated that when he extended his VDU Screen, he could see payments of benefit calculated for this young man, up until mid 2011. We were satisfied that everything was now ok and his benefits would not be affected. He was paid on the 11/12/2010 - no problem and assured payments would continue (he telephoned them again several days later to check with them again, that everything ok? He was advised no problems etc??!).
However, on the 15 December the JCP (Income Support Dept) wrote to him at his home address, stating that from 18 December 2010, he was no longer entitled to claim Income Support and that he should claim Job Seekers Allowance?
I was gob-smacked, after all the assurances and promises from speaking to them on the phone and then this happens. (Incidentally I had also put my findings re his eligibility in writing to them - prior to calling!)
So he is back to square one and as happens annually - its all gone pear shaped and only adds to reduce even further the credibility of these so called JCP Benefit Advisors, who are really at liberty to say whatever they want to people as at the end of the day the responsiblity falls directly on no one individual - I think it is a major flaw in the system, that they do not have to disclose their surnames when asked, it really gives them a licence to do or say whatever they feel like!
Anyway, I now plan to arrange another telephone call to the JCP, to reiterate the history of this situation and ask why or what grounds they based this 'sudden decision on?' (as no reason given in letter?), Furthermore I am starting off Appeal Proceedings, in the hope of the decision maker changing that decision, or simply allow appeal to proceed??
Can anybody else, give me any advice or helpful tips for dealing with the JCP and how I might possibly give any 'substance' to anything they say on the phone as they are so terribly unreliable and inefficient?
My concern is that this young man will now as a result of their 'neglect', be in financial hardship and his home/tenancy with HA put at risk?? (his HB and CTB will also cease?!)
Any advice /suggestions would be most appreciated.
Aaaargghhhhh!
However, his entitlement to Income Support had been owing to his being estranged from parents/vulnerable person etc, which ceases at age 21!
So I had pre-empted this problem and found legislation applicable to him, which would entitle him to continue claiming Income Support until his College Course ends in June 2011. What I advised him to rely on was that owing to him being in receipt of benefits prior to October 2008, the prescribed term of entitlement existing, for a person with a disability (receiving middle rate care) attending a non-advanced College Course, Government Funded, Full-time (16 and a half hours); could be used, as afforded by the Saving Conditions of this legislation. This would no longer apply to new claims for IS/Benefit, only if the claimant was in receipt of benefit, prior to October 2008.
We, telephoned the JCP and explained this to them asking for them to note this on the system and process accordingly, in order that his benefits would not just suddenly cease on the 11 Dec 2010 - when he would turn 21. They agreed with my findings and accepted this piece of legislation to be applicable in his case, assuring us that his benefits would not cease on the 11 Dec. The Benefit Advisor, even stated that when he extended his VDU Screen, he could see payments of benefit calculated for this young man, up until mid 2011. We were satisfied that everything was now ok and his benefits would not be affected. He was paid on the 11/12/2010 - no problem and assured payments would continue (he telephoned them again several days later to check with them again, that everything ok? He was advised no problems etc??!).
However, on the 15 December the JCP (Income Support Dept) wrote to him at his home address, stating that from 18 December 2010, he was no longer entitled to claim Income Support and that he should claim Job Seekers Allowance?
I was gob-smacked, after all the assurances and promises from speaking to them on the phone and then this happens. (Incidentally I had also put my findings re his eligibility in writing to them - prior to calling!)
So he is back to square one and as happens annually - its all gone pear shaped and only adds to reduce even further the credibility of these so called JCP Benefit Advisors, who are really at liberty to say whatever they want to people as at the end of the day the responsiblity falls directly on no one individual - I think it is a major flaw in the system, that they do not have to disclose their surnames when asked, it really gives them a licence to do or say whatever they feel like!
Anyway, I now plan to arrange another telephone call to the JCP, to reiterate the history of this situation and ask why or what grounds they based this 'sudden decision on?' (as no reason given in letter?), Furthermore I am starting off Appeal Proceedings, in the hope of the decision maker changing that decision, or simply allow appeal to proceed??
Can anybody else, give me any advice or helpful tips for dealing with the JCP and how I might possibly give any 'substance' to anything they say on the phone as they are so terribly unreliable and inefficient?
My concern is that this young man will now as a result of their 'neglect', be in financial hardship and his home/tenancy with HA put at risk?? (his HB and CTB will also cease?!)
Any advice /suggestions would be most appreciated.
Aaaargghhhhh!
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