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-   -   uk benifits? (https://britishexpats.com/forum/moving-back-uk-61/uk-benifits-754578/)

BristolUK Apr 19th 2012 6:14 am

Re: uk benifits?
 

Originally Posted by formula (Post 10015126)
W1.732 When capital has been used to repay a debt, give careful consideration as to whether the debt needed to be repaid at that time. If there was no legal obligation to do so then it may be that part of ther claimant's purpose was to obtain or increase the amount of benefit."[/I]

MAY be. Not is.



Which is what all the advisors on the forums tell people when they want to pay off debts such as credit card bills. There is no legal obligation to pay off that debt.
I can see it now.

Appeals Tribunal Chairman: "So, what's your justification for deciding the applicant deprived himself of the capital?"

Presenting Officer (on behalf of the Decision Maker): "Well it was on all the fourms Mr Chairman."

:rofl::rofl::rofl::rofl::rofl::rofl::rofl:

formula Apr 19th 2012 6:17 am

Re: uk benifits?
 

Originally Posted by BristolUK (Post 10015156)

Noty so cut and dried is it?

That's what I said in the post above yours.


Originally Posted by formula (Post 10015126)
That manual linked above, then when on to talk about conclusions being drawn as claimant's are unlikely to admit that securing benefits was a significant reason behind their actions.

However, encouraging people to pay off debts when "there was no legal obligation to do so" means that the claimant is taking a gamble with any income based benefits they were hoping to receive; unless they have proof that DWP staff told them to do that.

Jay Bird Apr 19th 2012 6:20 am

Re: uk benifits?
 

Originally Posted by formula (Post 10015018)
The staff just at the desks at job centres don't make that call; they have decision makers for that now as the staff at the desks kept getting it wrong.


The "staff at the desks" have never had the authority to make decisions regarding a person's eligibilty for benefits. They are there to undertake the initial interview, gather information and pass it along to another member of staff (usually hidden away from public view, and not allowed to interact with the public), who should have been trained to understand the numerous rules and regulations.....and believe me, they are numerous. So don't sneer at something you obviously don't uderstand.

My inside knowledge of the machinations of the benefits system is what has jaded my view on those who seek to, and succeed in, abusing what should be a safety net for those genuinely in need.

formula Apr 19th 2012 6:21 am

Re: uk benifits?
 

Originally Posted by BristolUK (Post 10015165)




I can see it now.

Appeals Tribunal Chairman: "So, what's your justification for deciding the applicant deprived himself of the capital?"

Presenting Officer (on behalf of the Decision Maker): "Well it was on all the fourms Mr Chairman."

:rofl::rofl::rofl::rofl::rofl::rofl::rofl:

I think you will find that they use their manual as their guide.

formula Apr 19th 2012 6:26 am

Re: uk benifits?
 

Originally Posted by Jay Bird (Post 10015178)
The "staff at the desks" have never had the authority to make decisions regarding a person's eligibilty for benefits. They are there to undertake the initial interview, gather information and pass it along to another member of staff (usually hidden away from public view, and not allowed to interact with the public), who should have been trained to understand the numerous rules and regulations.....and believe me, they are numerous. So don't sneer at something you obviously don't uderstand.

Unfortunately, some of these "staff at the desks" do give out wrong information. That's hardly a laughing (or sneering) matter, for the claimant who believes them. Hence why it is always best to get their information in writing.

BristolUK Apr 19th 2012 6:28 am

Re: uk benifits?
 

Originally Posted by formula (Post 10015172)
unless they have proof that DWP staff told them to do that.

No, you're getting it wrong again.

It's not for the applicant to prove. The Onus of Proof is for the decision maker.

I bolded that part.:)

BristolUK Apr 19th 2012 6:37 am

Re: uk benifits?
 
Formula, I think you need to remember what prompted this discussion where you expressed surprise that benefits were in payment.

Namely the family that lived half way across the world where the children stayed and the poster ensured they had a roof over their heads while the parents divorced and one parent returned to the UK, with all the factors that entailed.

Some months down the road, having resettled but not managing to find work a benefit claim was made.

And you think that in all this the predominant or even significant intention was to get benefit.

Good luck proving that because the onus of proof would be on you as the decision maker.

formula Apr 19th 2012 6:41 am

Re: uk benifits?
 

Originally Posted by BristolUK (Post 10015189)
No, you're getting it wrong again.

It's not for the applicant to prove. The Onus of Proof is for the decision maker.

I bolded that part.:)

I've already said that it is for the decision maker to decide.

To help with that decision; if the claimant has proof in writing that the DWP encouraged them to pay off all their debts, then that would help the decision maker with W1.740 (on the link I gave above). ie the DWP/HB staff encouraged them in writing to pay off their credit card and then W1.740 helps the decision maker as the claimant did not know this would affect their entitlement to income based benefits.

charleygirl Apr 19th 2012 6:43 am

Re: uk benifits?
 

Originally Posted by formula (Post 10015007)
I wish it was only these people. There are plenty coming into the country and wanting benefits and/or free NHS, even though they haven't paid any taxes/or not much in taxes, to the UK.

Some people even plan to retire to the UK for free healthcare, when they have been paying their taxes to another country for most of their working years.

I am happy to be able to say I have paid 30 years tax and contributions in the UK. So i do not feel badly a getting free health care if and when i need it.

And as for checking a box for having owned a home, I never owned a home.. my husband owned a home he paid every penny/cent of the mortgage.

formula Apr 19th 2012 6:44 am

Re: uk benifits?
 

Originally Posted by BristolUK (Post 10015214)
Formula, I think you need to remember what prompted this discussion where you expressed surprise that benefits were in payment.

Namely the family that lived half way across the world where the children stayed and the poster ensured they had a roof over their heads while the parents divorced and one parent returned to the UK, with all the factors that entailed.

Some months down the road, having resettled but not managing to find work a benefit claim was made.

And you think that in all this the predominant or even significant intention was to get benefit.

Good luck proving that because the onus of proof would be on you as the decision maker.

Not quite right: I asked if they had answered "yes" or "no" to the question on the benefits form that asked if they have ever owned a house in the UK or in a foreign country.

formula Apr 19th 2012 6:51 am

Re: uk benifits?
 

Originally Posted by charleygirl (Post 10015220)
And as for checking a box for having owned a home, I never owned a home.. my husband owned a home he paid every penny/cent of the mortgage.

That would have been a "no" on the form then. Thanks for being good enough to tell me.

BristolUK Apr 19th 2012 7:28 am

Re: uk benifits?
 

It's not for the applicant to prove. The Onus of Proof is for the decision maker.

Originally Posted by formula (Post 10015219)
I've already said that it is for the decision maker to decide.

But at least twice you said it was for the applicant to prove. It's not.

You seem to be confusing proof and making a decision.

BristolUK Apr 19th 2012 7:38 am

Re: uk benifits?
 

Originally Posted by BristolUK (Post 10015214)
Formula, I think you need to remember what prompted this discussion where you expressed surprise that benefits were in payment.
And you think that in all this the predominant or even significant intention was to get benefit.


Originally Posted by formula (Post 10015223)
Not quite right: I asked if they had answered "yes" or "no" to the question on the benefits form that asked if they have ever owned a house in the UK or in a foreign country.

Yes, exactly right.

Do you rewrite other history in your spare time as well?

Your first post on the subject was:

Originally Posted by formula (Post 10007312)
I still can't work out how you get UK housing benefits when you own a house in the US. Even by signing it over for nothing, you would be depriving yourself of your assets and therefore be entitled to £0 of any UK welfare payments, as you would be deemed as still having that money (even if you never received it).

Perhaps you forgot what you said.

charleygirl Apr 19th 2012 9:41 am

Re: uk benifits?
 

Originally Posted by formula (Post 10015237)
That would have been a "no" on the form then. Thanks for being good enough to tell me.

Well not exactly because I dont recall that being a question "Did I ever own a home" but if it were then I would have said No, I did not fill in the form the woman behind the counter did.

Beedubya Apr 19th 2012 5:39 pm

Re: uk benifits?
 

Originally Posted by formula (Post 10015007)
I wish it was only these people. There are plenty coming into the country and wanting benefits and/or free NHS, even though they haven't paid any taxes/or not much in taxes, to the UK.

Some people even plan to retire to the UK for free healthcare, when they have been paying their taxes to another country for most of their working years.

And what would you have them do, these people that were born here? Stay in a country where they are miserable and can't afford health care, lose everything they have and end up living in a tent? :sneaky:

There are lots coming to this country wanting benefits and free NHS who weren't born here, some posters don't see a difference between the two categories, some of us do......


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