| |
Major Site Upgrade in Progress |
 |
|
 |
|
jencat
Guest
Cash Points ££ 15.00
|
|
|
 |
|
 |
|
 Posted: Thu Mar 09, 2006 1:07 pm Post subject: advice incapacity benifit |
 |
|
|
 |
|
 |
|
|
|
|
Date 9 March 06
Does any one have any alternative advice on the options given below?
I am a full time student getting DAS and SAAS and had permission to go to college and was getting Incapacity Benefit. I have now however been declared “Fit for Work” I would ‘probably’ win the tribunal however I don’t know if I want to go down that road as the whole point of going to college was to get well, through TLC tender loving care of self. I really feel that the “system” wants to keep me ill and I want to get out from under it and allow myself to get well. I really feel that by going to a tribunal I would be undermining myself, my dreams, my hope, and my ambitions. Apart form the fact that the stress is making me ill and I feel that by going down the system route I am abusing myself by having to give into the illness in order to “Win”!
Details below
CURRENT
• Got permission from DWP to go to college Aug 05; fulltime course but only 15 hrs per week.
o (guidelines for therapeutic work 16 hrs)
• Had to claim SAAS (Student Loan) because as a student I have to pay full rent and prescription charges whether I took up loan or not. Unable to afford not to take up student loan.
• Got DAS Disabled students allowance £4,000 Got computer, chair etc.
• Re assessed for Incapacity benefit; lost Incapacity benefit on 18/1/06
OPTIONS
• Tribunal for incapacity benefit (Approx 1st week May) - If I win;
o declared unfit for work -I would still need permission to attend college which I may or may not get
o I would also live under constant stress of never knowing when my claim would be looked at again ( the onus on me would be to stay ill forever, when all I want to be is well)
o If I lose I would have to claim job seekers and would be probably sent on a training scheme. I would also be left with a debt of about £3, 000 (student loan), no qualifications and may have to give back Computer etc. to SAAS
IN THE MEANTIME - CLAIM INCOME SUPPORT
• If I get Income support (reduced by 20%) I will also get housing benefit, however would still need permission to attend college
o Since I am waiting to see what happens - I cannot legally attend college in case I am breaking the law by attending college without permission
• If I don't get Income support ,a SAAS loan is considered enough to live on, however legally as a student I still have to pay full rent therefore would be living on half income recommended by the government as "enough money to live on"
o I have stopped paying rent as I cannot afford to pay it, this means that I will be breaking the law and could end up loosing my home
o At the council's discression I may not have to pay rent however I would still be no guarantee that they would accept my claim. (Last problem I had with council RE; overpayments of Tax credits took 19 months to sort out) so not hopeful!
• I would only be entitled to full income support after the 18/4/06 as the SAAS loan is considered enough to live on, again however, I would still be expected to pay full rent up until that date as I would be classed by the housing benefit system as a full time student. Again I could claim under discrssionary rules but there are no guarantees.
ALTERNATIVELY SINCE I AM CONSIDERED FIT FOR WORK I WOULD EITHER HAVE TO;
• Quit college ( end up with £3,000 debt from student loan and no qualifications and have the Disabled students allowance taken back i.e. computer etc. because I did not completing course)
• Stay at college 15 hrs a week and be expected to take on a part time job of over 16 hrs (to qualify for tax credits) total 31 hrs working time not including study time needed to complete course
• Stay at college and claim hardship funding ( no money this time of year half through term, also based on attendance and since I am not attending because I am not sure if I can legally attend would probably not qualify
• Stay at college and approach charity to support me ( most Educational charities would have no funding in the middle of a term as they are financed Aug to Aug (term time), approach charities for people in distress; would have to approach a lot of charities as these type of charities only tend to give small amounts I would have to give them a lot of information, fill in application forms and again no guarantee of when I would receive money or whether it would be enough
I have been in contact with people below, but they all want me to go to tribunal as there seem to be no alternative
Welfare rights officer; is looking into the law books re above but it's a bit of a minefield to say the least.
DWP disability advisor; unable to help he has not come across (all of above) before and he has e-mailed colleges and talked to other DWP officer and none of them have come across this situation before and are therefore not able to give any advice since all of the above is based in law.
Local MP – Went to see, chasing Income support claim for me
In the meantime I am awaiting the results of my claim for Income support which will be assessed in accordance with the law and there interpretation, there of, I have no idea how long this will take or what the result will be
DETAILS
From the 29th August to 24th Jan I should have attended college a total of 55 days I actually attended for 35 days because, work placements are part of my course, and I am trying to manage my illness I skipped classes so that I could do the work placements which amount to 12 days. Approximately 80% of the time I took taxi’s to college or work placement and am currently out of pocket for approx £400. During my time at college I employed a cleaner as this is where I fell down last time I went back to work as I could not cope with work and basic household chores. Since I had to take out the SAAS loan I used some of the money to support myself at home. The DAS des not take into account help needed at home only at college. I find that I personally am able to do college because we all are used to "putting a face on" but unable to cope at home.
I considered myself to be fit for college and not fit for work I saw college as a way of testing my illness and abilities without stress and having hopefully learnt form previous mistakes.
The whole point of me going to college was the fact that I could try and leave the DIS of Disability behind leaving only ability. I would be able to pace myself
o Between taxis and public transport
o Between taking time off college to do the work placements
o Because I have a reasonable knowledge of the subject
o Because I could take time off if I was feeling ill without the kind of pressure you would get from an employer, the onus is on the student to achieve the qualification
o Because I am a disabled student I would be supported and would not necessary have to make every deadline for a report as long as all the work is done necessary to complete the course
o I would get the Disabled Students allowance that would help me to do the course
o I would at college get proper breaks and lunch time
o Because the course is structured, regular routines would help me manage my illness
o Each class is very different therefore The lots of different tasks would help me to cope physically
If this was sorted and I returned to college I would basically be trying to do a course that should take 9 months in 4 months because I did not get the computer till so late in the day I have a lot of reports and log books to type and the last month or so of classes to catch up with. I would not get any more support (i.e. typing reports etc) from DAS as I have already received my award. If I was to try and complete this course I would need additional support e.g. help typing reports, updating logs etc?
BACKGROUND
• On long term Incapacity benefit since 1992 (14 years)
• Did 6 months therapeutic work and 6 months full time work 2002/3. Got taxi to work through access to work. Got out of taxi and driver asked if I was drunk I was staggering and slurring my word, I was suffering from fatigue and exhaustion - quit work.
• Worked as a lecturer under therapeutic rules in 2000 tried to get a job, however government has changed the qualifications required. I am not qualified in my subject or in teaching.
Side issue I am currently having problems with SAAS as they will not accept the disability assessment that I have to use taxis without a letter from my doctor that reads "unable to use public transport" I am able to use public transport but because of issues of fatigue I also sometimes need to use taxis. I was therefore at college trying to manage my illness and use both these options when I felt each was appropriate for me. My G.P however refuses to write any other letter apart for stating the nature of my disability. Which SAAS finds unacceptable.
I fell that my basic human rights and rights as a disabled person have been violated beyond any comprehensible belief, especially at a time when I really, really, need the most support in my entire life. In trying to get well and become health. INSTEAD I AM IN SEVERE DISTRESS.
I welcome any advice or information. Jennifer  |
|
|
|
|
|
|
|
Sarah
Money Manager
Joined: 16 Jul 2004
Posts: 831
Cash Points ££ 12024.38
|
|
|
|
|
|
|
| Posted: Fri Mar 10, 2006 4:41 am Post subject: |
|
|
|
|
|
|
|
|
|
|
If you are disabled or long-term sick, you may be able to get
Incapacity Benefit if you are studying for 21 hours or less.
Some of the time you spend in college will not count towards the
21 hours - get advice. The same rules apply to Severe Disablement
Allowance if you claimed before 6 April 2001.
Note: you will have to continue to show that you are unfit for
work.
You can get Disability Living Allowance regardless of the number
of hours you study and on top of any other benefits you get,
including Incapacity Benefit.
I think your best off following the tribunal route as you will likely win and that will likely be the end of the matter. |
|
|
|
|
|
|
|
jencat
Guest
Cash Points ££ 15.00
|
|
|
|
|
|
|
| Posted: Fri Mar 10, 2006 11:26 am Post subject: |
|
|
|
|
|
|
|
|
|
|
thanks Sarah,
yes anyone can attende college 21 hrs or less with permission form DWP however it is also common practice to re evaluate anyone given this permisssion ie they would have to fill in the capability assessment form withing 3 months of starting college.
My problem is that currently I'm looking at tribunal 1st week in may and by then I will have missed 3 months of college and if I don't get qualified i'll end up with £4,500 pound of debt with nothing to show for it.
Jennifer |
|
|
|
|
|
|
 |
Online Finance Tools & Calculators |
 |
| Credit Score Calculator |
Easy to use online Credit Scoring tool - Calculate your credit score now online for FREE ! using the Moneyforums.co.uk credit scoring tool. Also TEN Tips on improving and mainting a good credit rating ! |
|
| Quick Health Calculator |
Easy to use quick health calculator to help you get started on the path to fitness. Calculates your body mass index (BMI). |
|
| "When will I die ?" Calculator |
Calculate when will you die based on your current life style and then more importantly what you can do about extending your lifespan ! |
|
| Mortgage Calculator |
Easy to use online Mortgage calculator tool - Calculate how long it will take to pay off your mortgage and what your monthly repayments will be as well as interest charged per month per each year. |
|
| Savings Calculator |
Use the flexible savings calculator to estimate the amount of interest you would earn given a level of monthly savings, with many optional settings. |
|
| UK Tax Calculator |
Check your tax and NI liability using this easy to use online tool. Outputs, Tax, Ni, Net pay and gross pay on an annual, monthly and weekly basis, also estimates your tax burden and the number of days a year you work for the tax man ! Plus lots of tax saving tips. |
|
|
 |
|
 |
|
Money
Forums Guides |
|
| Credit
Card Stoozing |
The
following guide explains the basics of credit
card stoozing in a step by step basis. |
|
| Discount
Vouchers |
Online
discount vouchers giving upto
50% off in stores such as Dixons,
Tesco, Avon, Currys, Boden and more. Many
of the vouchers are time limited - So check
back regularly |
|
| Money
Saving Guide |
Guide
to saving money on household bills & personal
finances - Start saving thousands of £'s
every year TODAY ! |
|
| Savings
Tree |
A
guide to Savings Accounts, from Cash ISA's to
Regular Savers to Premium Bonds, all explained
in an easy to understand manner. |
|
|
Users
Groups | Profile
| Messages
| FAQ | Sponsers
& Links | Member
list | Recommend this site | Top Money Saving Sitee
© 2004 - 2007 Moneyforums.co.uk / Market Oracle Ltd - Asserts copyright on all topics & posts made on this site. Moneyforums are open forums, and thus posts are NOT endorsed by Moneyforums.co.uk / Market Oracle Ltd . Any and all information provided within the Website is for general information purposes only and nor is or shall be deemed to constitute, financial or other advice. We recommend that independent professional advice is obtained before you purchase any product and/or service. All tools and guides are provided as is for general information purposes only.
|
 |
Website Designed and Mantained by Walsoft.net |
 |
| |
