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Attendance Allowance refused to 92 years old

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  • Attendance Allowance refused to 92 years old

    I’ve received a letter from the Upper Tribunal stating
    “It is not appropriate to review the decision because grounds for doing so have not been established. Permission to appeal is refused because no error of law arises has been established”!

    My grounds of appeal were a six pages letter stating why the first decision was wrong and why Attendance Allowance to my 92 years mother should be allowed.

    DWP and Court are considering Regulation EC 883/2004.
    This is not applicable to my mother and Directive 2004/38/EC + other “Acts” must be considered instead.

    The Upper Tribunal has ignored my appeal and they have now provided also a Form to complete – UT1 Social Entitlement Form.
    This Form must be completed (I assume) but a letter stating that they are wrong and they have applied the wrong law should be sent to the Tribunal.

    Who can help please? [How much?]
    Thanks
    Tags: None

  • #2
    Re: Attendance Allowance refused to 92 years old

    Hi and welcome Max,
    I am assuming AA was applied for and as a result of a refusal you appealed and then this was also rejected.
    First off I would give these a call http://www.ageuk.org.uk/money-matter...nce-allowance/ there is a free phone number on there for advice.
    I would also recommend that you make an appointment with your local CAB stating you need help to fill in a UT1 SE they should then be able to make sure you see someone who can help you.
    Enaid x

    Comment


    • #3
      Re: Attendance Allowance refused to 92 years old

      Dear Enaid, thank you for your reply. There is no CAB in the Borough of Ealing and I cannot use one from the other Boroughs. I have tried, in the past, to use the central CAB office near the Courts, but they have been of little help. The AIRE Centre have also been unhelpful. The DWP and Tribunal are both referring to the wrong law - I am EXTREMELY surprised that the Upper Tribunal has ignored my letter. I suspect that, perhaps, it was too long for them to bother reading it.

      Comment


      • #4
        Re: Attendance Allowance refused to 92 years old

        Well I would give Age UK a call also very helpful is Carers UK a link here http://www.carersuk.org/

        Comment


        • #5
          Re: Attendance Allowance refused to 92 years old

          A letter from your MP asking why they appear to be applying the wrong law might focus their minds. Write to him/her, enclosing a short, clear, explanation of what the matter is about.

          Comment


          • #6
            Re: Attendance Allowance refused to 92 years old

            Originally posted by enquirer View Post
            A letter from your MP asking why they appear to be applying the wrong law might focus their minds. Write to him/her, enclosing a short, clear, explanation of what the matter is about.
            I suspect that, perhaps, it was too long for them to bother reading it.
            I think you are both right - keep it short and punchy

            Comment


            • #7
              Re: Attendance Allowance refused to 92 years old

              Ealing does have this though http://ealingadvice.org/
              "Family means that no one gets forgotten or left behind"
              (quote from David Ogden Stiers)

              Comment


              • #8
                Re: Attendance Allowance refused to 92 years old

                Dear ALL, first of all a Big thank you for having taken the time to reply to my post.
                I will contact, on Monday - Carers UK; I hope they will be able to assist me.

                This issue with the DWP goes back to October 2012 (or even May 2012).

                Our MP, Mr. V. Sharma, is utterly useless. He only replied to one of my many letters BUT ONLY because he was prompted by an acquaintance from the House of Lords.

                I have been to the Ealing Advice centre. Once a week there are solicitors but they don't give any advice unless one pays for it. I don't mind paying but not £1,000 and not on the basis (assumption) that it will take a lawyer maybe 3 hours or maybe 12 hours to assess the case. After 18 months and having read many laws and legislations, I know I am right and I know that my mum is entitled to AA, I just don't seem to be able to get any sense to the Tribunal.

                The answer is that I should find a way to keep it short a punchy. Thank you

                Comment

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