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SMI paid as a benefit

URANIUM234UKURANIUM234UK Member Posts: 10 Listener
edited February 2018 in Finances and extra costs
https://www.gov.uk/support-for-mortgage-interest/print

To My Logic, after reading the above gov web site , it means that:

IF you already receive SMI then you will keep on getting SMI; however it will first Stop and then restart (either by request or automatically, it does not say) and get IT PAID AS A BENEFIT.

IF you have already waited OVER 9 months (39 weeks) then you get IT PAID AS BENEFIT from April 2018 !

IF you have not waited this amount of time or are not already in receipt of SMI then you will be given it  AS A LOAN!

IF you get a gap (go to work or holiday or sign off) for upto 12 weeks you can restart it without anywaiting period; otherwise if the gap is over 12 weeks you have to wait 39 weeks again !

You can stop or restart it at any time (if you quality etc) bearing the above in mind.

N.B. These are only my rough notes and my best guess-estimate of this rip off, yet again designer to hurt the MOST POOR , MOST VUNERABLE PEOPLE IN SOCIETY; yet the BANKERS STILL DRINK 'OUR' CHAMPAGYNE!

N.B. IF you are rich you will CREATE A LIMITED COMPANY AND SET ASIDE  THIS  MORTGAGE INTEREST PAYMENT and GET IT BACK  !   p.s. it is maybe not worth while to do this if you mortgage interest is  low , say under £100/month ; as setting up and costs are £1,000 (including accounts etc).... against, this is only my rough guide ! please search internet.

Best of Luck to Everybody ! God Bless a True England with True Caring Government to All its Peoples !

Note: also I have heard , after receiving my letters, that these are WARM UP LETTERS !
What is that suppose to mean, all they say on phone is VAGUE and NO DEFINITE ANSWERS - again they read from scripts !

MAYBE, they are Playing for Time as they GOT THIS WRONG and it should AND WILL still be paid as a DESERVED BENEFIT TO ALL PEOPLE , PAST/PRESENT/FUTURE !

Thankyou for reading (sleepy now, snooze :-))

Replies

  • JennysDadJennysDad Member Posts: 2,308 Pioneering
    Hi @URANIUM234UK and welcome to the community. Good to meet you.
    A very interesting post. Please get back to us if there is any way in which you think we might be able to be of help.
    Warmest best wishes,
    Richard
  • GeoarkGeoark Community champion Posts: 1,247 Disability Gamechanger
    @URANIUM234UK

    Your logic is still wrong, and your post inaccurate and does nothing but add confusion to the conversation. 

    The evidence you linked to in your some of your other posts also make it clear you are wrong.

    Putting things in capitals does not automatically make them right. 

    NB if you were rich you would not be affected by the SMI and the changes so not sure where this is relevent.

    As an individual I stood alone.
    As a member of a group I did things.
    As part of a community I helped to create change!

  • URANIUM234UKURANIUM234UK Member Posts: 10 Listener
    as I said, that is my best estimate / guestimate and my logic is not wrong, it is that the gov web site is consusing and misleading and the RFI proves this as later posted.
    Rich ... you can easy open a Limited Company and reclaim all the Tax back but it costs a little money and you need advice.
    Simple statements, as I said, to all to read themselves and get their own info online etc to check !
  • mikehughescqmikehughescq Member Posts: 3,722 Disability Gamechanger
    The link I’ve posted shows you’re wholly incorrect and frankly no-one should use gov.uk as a reliable source. Now find one person who has a limited company in such circumstances. The monthly management cost alone would exclude most claimants.
  • GeoarkGeoark Community champion Posts: 1,247 Disability Gamechanger
    @URANIUM234UK

    From your link:

    (1) 'SMI is currently paid as a benefit. From 6 April 2018 it will be paid as a loan.' 

    and

    (2) 'If you get SMI as a benefit, it will stop being paid from 5 April 2018. You’ll get a letter before then about the SMI loan and other options available to you.' 

    Your 'logical' interpretation of these two statements:

    IF you already receive SMI then you will keep on getting SMI; however it will first Stop and then restart (either by request or automatically, it does not say) and get IT PAID AS A BENEFIT.
    See (2) above

    IF you have already waited OVER 9 months (39 weeks) then you get IT PAID AS BENEFIT from April 2018 !
    See (1) above

    Yes the gov.uk site is a little confusing, on this matter, at the moment as apart from the above two statements it relates to the system as it currently stands.

    And yes, I did read up on some of the other evidence you provided, which state the opposite of your assertions above. 

    As an individual I stood alone.
    As a member of a group I did things.
    As part of a community I helped to create change!

  • heavenhelpheavenhelp Member Posts: 24 Listener
    Uranium I agree with would love to have a chat with you if possible.

    Regards
    heavenhelp
  • URANIUM234UKURANIUM234UK Member Posts: 10 Listener
    It seems I am being misinterpreted. 
    Let me Clarify.
     I am simply looking at the site and making what is logic.  Yes, it is said by them to be changing now in many other documents. I agree with this. We all are given this 'confusing and incorrect information'. However, again, I state what is simply said from that , i.e. their own website. We all know also, that they are full of 'no answers' or 'part answers' or simply make it up if then do not know or do not want to tell you ... e.g. when on the phone to any of them ! This is their, i.e. the Benefits way of doing things!

    1. All will be offered the loan; whether or not other people own the property also, and whether or not they live/do not live there; and whether you have a partner (i.e. some other person living there).

    2. Their letters, are wrongly dated, not post mark, and are 'back dated' on the letter you will receive if you wish to accept the loan (they say you need do this within 6 weeks).

    3. You can stop/start the loan once you have it in place; you have a time span of 1 year to do this (this is in the load documents themselves). However, you must be on one of their benefits to allow you to do this; e.g. JSA IB , ESA IB 

    4. You can then stop/start the loan at any time; but my advise is take it up within the 1 year period (linking) so that you do not have to wait the 39 weeks re-start period !!!

    5. If you do not start it immediately, they say that you may need to wait a 39 week period but I think this is wrong, as they need give you  a full 1 year to take this up... but please do not take this as fact.  

    6.Their person on the phone had no answers / wrong answers. (reading from a script, ask then to go and ask someone who knows, do not agree to go contact some other DWP department fro the correct answer.

    7. Landlords are getting around this INTEREST by CLAIMING it back by CREATING A COMPANY and putting the property INTO THE COMPANY NAME.

    I know this is not cheap or easy but this is What the Rich are Doing and thus getting out of paying this  !!!!!  Look it up on the web !

    8. Good Luck .. .Sign the Petition which has been posted !

    Anyone/everyone, please check all my posts. These are only my notes ! to HELP !

    AGAIN, everybody, please CHECK ALL MY NOTES, it is up to you to get the correct answers not me! However, I am trying to help.  Do not take any notes out of context.

    UPTO YOU ....DO IT OR DON'T !

    IF you don't sign and if you can't get money from anywhere else (according to your level of debt/'credit-overpayments' in your mortgage) you are in the dumps 'cos they , the bank, will chase you for the money to pay !!!
    ... if no option, then sign, at least it gets paid, and is ONLY PAID BACK if you leave the property by selling it or transferring it ! this could be in years to come it's up to how long you wish to stay there!
    ...if theres no profit (equity) left to pay them then the loan is written off !
    ... but be careful of these 'charges' which you need to agree to in order to get the loan.

    GET ADVICE !
  • URANIUM234UKURANIUM234UK Member Posts: 10 Listener
    Some people need to learn logic in its context and not to take it out of such.
    Some people need to realise what sides that the statements have been made from and by whom
    Some people, simply need to use common sense and read clearly what has been fully stated in the whole document.
    Do this before you say a person is WRONG ! if you are so 'logical' ;-)
  • mikehughescqmikehughescq Member Posts: 3,722 Disability Gamechanger
    With all due respect you are, as I have already observed, reading the wrong site for accurate advice and your interpretation is not “logical”. It is simply incorrect in numerous places and, amusingly, often wholly out of context. I say that as someone who is already having to offer advice on what options people have. Some of the “advice” you have given has the potential to mislead people and may indeed cost them financially. I would strongly advise you to leave this subject well alone. 
  • nanof6nanof6 Member Posts: 200 Pioneering
    look my intrest on my morgage is 12.00 a week i had a letter saying from april the dwp wont be paying it any more to my lender, but if i sign my house to a lender one of the goverments mates , they will have a second charge on my house,i am not going to trust this i read in the letter i got it said they will charge me interedt the first year, then it goes up alot the second year, after what this gov done with the student loans i would not trust them.i would be paying them interest on the interest, no wonder its been kept very quiet, i will never serender my house to those greedy tories, because thats what they are trying to do,its a firm like capita   no thankyou, i will go without something and pay it myself, this goverment has got a cheek, the tax payer pays the morgage on there places, then they sell them make a big proffit, then rent it out and buy another one for the tax payer to pay.one mp has her daughter liveing in her first one. oh they make me so angry, if i was in a council or private rented property im sure i would be paying more than 12.00 a week.
  • GeoarkGeoark Community champion Posts: 1,247 Disability Gamechanger
    @URANIUM234UK

    IF you already receive SMI then you will keep on getting SMI; however it will first Stop and then restart (either by request or automatically, it does not say) and get IT PAID AS A BENEFIT.

    How is this taking it out of context? You clearly stating it will be paid as a benefit and it will not.

    IF you have already waited OVER 9 months (39 weeks) then you get IT PAID AS BENEFIT from April 2018 !

    Again how is this taking it out of context, as you clearly state it again. 

    If you are stating that within the whole context of  your post you knew these statements to be wrong how does this help anyone? Also does it not mean you are also guilty of the same thing you are accusing others of by missing the two statements on the government website I pointed out to you?

    I am not even sure the relevance of the rich or landlords, who often own multiple properties and would not qualify for SMI has to do with it, since the reasons behind creating these companies has nothing to do with SMI.

    So yes, the statements you have made which I have highlighted are wrong, and you are now suggesting? you knew they were wrong? How does this help others?

    As an individual I stood alone.
    As a member of a group I did things.
    As part of a community I helped to create change!

  • heavenhelpheavenhelp Member Posts: 24 Listener
    It seem Geoark you are adamant to take the DWP/Govt side whose website has deliberately written info about SMI in a manner to confuse/threaten people into surrendering their properties to DWP staff who are apparently either working for SERCO or seconded to work for SERCO. How can the tax payers money be used to pay DWP staff who are working for SERCO? Doesn't this sound fishy to you all? URANIUM I would appreciate if you could contact me directly please.
    Regards
    Heavenhelp
  • mikehughescqmikehughescq Member Posts: 3,722 Disability Gamechanger
    @heavenhelp the problem here, as I’ve already observed is that 

    a) gov.uk is the very last place to look for accurate information, and
    b) the people reading it genuinely don’t understand what it’s saying. I include @URANIUM234UK and yourself in that. 

    Nobody from DWP is working for Serco etc. Serco are simply the company employed to offer financial advice. Granted it appears to be poor advice but that’s their only role in this.

    Saying that is not “taking sides”. It’s putting right extremely poor interpretations of relatively simple stuff.


  • GeoarkGeoark Community champion Posts: 1,247 Disability Gamechanger
    @heavenhelp

    It is not about taking the DWP or government side. A lot of vulnerable people are suffering and will suffer because of this change in SMI. 

    The government site currently outlines the SMI system as it currently stands, but gives two clear notices that after April 2018 they will no longer be a benefit. Yet URANIUM234UK chose to state it would continue to be paid and did so  by emphasising this. This does not help anyone. Especially as he now seems to be implying this is not what he  is saying.

    To be clear on one point, I do not support this move, and for the small amount it will save I do not believe it was the best choice, but to go into denial about the reality of the change and the effects this will have on individuals and especially those with disabilities and long term illnesses does not help.

    As an individual I stood alone.
    As a member of a group I did things.
    As part of a community I helped to create change!

  • Pippa_ScopePippa_Scope Member Posts: 5,856 Disability Gamechanger
    Hi everyone,

    We want the community to be a safe and supportive place. Please make sure your messages respect other users’ views and suggestions, even if you don’t agree with them.

    Take care to present your views tactfully and remember that humour may be misinterpreted.


  • Sam_ScopeSam_Scope Member Posts: 7,732 Disability Gamechanger
    We won't tolerate members swearing at eachother, we will remove these messages and you will receive a warning.

    As @PippaScope says, please present your views with tact and be respectful of eachother.
    Scope
    Senior online community officer
  • heavenhelpheavenhelp Member Posts: 24 Listener
    I wish people who are affected by this SMI threat have put in a formal complaint to DWP and asked for a Mandatory Reconsideration. If they refuse one should go to Appeals Tribunal. You need to act fast though
    Regards
    Heavenhelp
  • heavenhelpheavenhelp Member Posts: 24 Listener
    Complaining to MP does not seem to work its a  long term thing.
  • heavenhelpheavenhelp Member Posts: 24 Listener
    I agree with what URANIUM234UK said the Govt have given mixed messages I feel deliberatey so people would panic and sign up for loan which is interest on top of interest. Your ESA letter which states new amount without the Housing cost should be appealed against. Everyone will have their own reasons why they should not be removed.
  • heavenhelpheavenhelp Member Posts: 24 Listener
    Maybe some people are being negative and only taking into account the SMI will stop. Have further read where it says

    What type of SMI you can get

    Whether you can get SMI paid as a benefit or as a loan depends on when you get, or are treated as getting, your qualifying benefit.

    It further states:

    If you get another qualifying benefit

    Your SMI will be paid as a benefit if you get another qualifying benefit before 7 July 2017. You must have been getting the benefit for 39 consecutive weeks.




  • heavenhelpheavenhelp Member Posts: 24 Listener
    @mikehughescq
    How can you say  gov.uk is the very last place to look for accurate information, and if that is the case how can you be sure if any of it is accuarate including the date they have stated when SMI will stop being paid?
    If Govt have made the changes then surely they are dutybound to give accurate information otherwise in law they would be classed as neglegent.

    It seems to me the advise you are giving will cost a lot of people thier homes. Instead it appears that you asking URANIUN234UK to leave this subject alone when it should be you who should leave this subject alone cos you are not supporting people who threatend by the Govt and you and Geoark.
    Regards
    Heavenhelp

  • heavenhelpheavenhelp Member Posts: 24 Listener
    Once again read this carefully if it applies to people

    Eligibility

    To qualify for Support for Mortgage Interest (SMI) you must be out of work or of pension age. You also usually need to be claiming one of the following:

    You might still be able to get SMI if you apply for one of the qualifying benefits but can’t get it because your income is too high. You’ll then be treated as getting the benefit you applied for.

    Contact the relevant office to check if you’re eligible for SMI.

    What type of SMI you can get

    Whether you can get SMI paid as a benefit or as a loan depends on when you get, or are treated as getting, your qualifying benefit.

    If you get Pension Credit

    Your SMI will be paid as a benefit if you get Pension Credit before 6 April 2018.

    It will be paid as a loan if you get Pension Credit on or after 6 April 2018.

    If you get another qualifying benefit

    Your SMI will be paid as a benefit if you get another qualifying benefit before 7 July 2017. You must have been getting the benefit for 39 consecutive weeks.

    It will be paid as a loan if you get the qualifying benefit on or after 7 July 2017.




  • heavenhelpheavenhelp Member Posts: 24 Listener
    The Govt should be after this lot collecting taxes and NIC instead of going after vulnerable and disabled
    https://www.telegraph.co.uk/news/2018/03/03/stars-turn-bbc-tax-stitch/

    What is Scope actually doing about the Govt attack on Disabled with SMI threat and getting their claws on peoples properties for which they worked hard to get in the first place but through no fault of their on became disabled.
  • mikehughescqmikehughescq Member Posts: 3,722 Disability Gamechanger
    @mikehughescq
    How can you say  gov.uk is the very last place to look for accurate information, and if that is the case how can you be sure if any of it is accuarate including the date they have stated when SMI will stop being paid?
    If Govt have made the changes then surely they are dutybound to give accurate information otherwise in law they would be classed as neglegent.

    It seems to me the advise you are giving will cost a lot of people thier homes. Instead it appears that you asking URANIUN234UK to leave this subject alone when it should be you who should leave this subject alone cos you are not supporting people who threatend by the Govt and you and Geoark.
    Regards
    Heavenhelp

    I can say it because I work in welfare rights; understand the law; case law and guidance and because by and large it’s an accurate statement. The site is simplistic and often misleading. If you want that then by all means go there and then come here and have a row about it. The fact remains that, to be blunt, you are not experts and, with all due respect, the pair of you appear to have no idea what you’re talking about. 

    Your suggestion that government would be negligent if they gave inaccurate advice is nicely illustrative. Firstly they’re not giving advice. Government are changing the law. SERCO have been employed to give people advice on their choices. The gov.uk site is also not giving advice. It’s giving information. The two are entirely different. If you were my client and I advised you I would potentially owe you a duty of care and if I got it wrong you could theoretically sue for negligence if I got it wrong and you suffered financial loss demonstrably in consequence of that. If I gave you a leaflet on the basics of SMI then I’ve not given you advice. I’ve given you information. Wholly different. So, government negligence? I don’t think so.

    As for your idea that people should complain and do an MR and then appeal. That demonstrates a profound ignorance of how the law works. You don’t have a legal right to MR a law change. Indeed most of the SMI scheme attracts few rights of challenge. You could maybe put together a JR on discrimination grounds but against what protected group under EA 10? The only thing you could challenge under the revised scheme would be a miscalculation or maybe recovery of an overpayment and the likely route for that would be a complaint to the company. There’s no likely to be few benefit decisions to appeal unless it’s around whether SMI would otherwise bring into a means-tested benefit or the above two scenarios.

    Now, before you go name calling any further about my “advice” definitely going to cost people their homes I suggest you take a deep breath and ask yourself whether you want to take this further. I’ve already posted one link showing his the scheme works in reality and you both appear to have ignored that. Both of you appear to have conspicuously failed to have grasped the basics of this scheme and, as bad an idea as it is, you are neither qualified nor sufficiently informed to advise anyone here on what they ought to do on something as simple as MR. 

    Please cut your losses before you make this worse.
  • URANIUM234UKURANIUM234UK Member Posts: 10 Listener
    Hi, 
    people in this web seem to be purposely mis-interpreting or misreading my posts for their own reasons.  Whose side are these people on ? Well, based on this , I
    do not need headaches from such 'deluded' people - just ask G. Ramsey, joke !

    @HeavensHelp,
     if it is possible to 'communicate' directly then maybe we can; but I have not looked on how to do this... by the way , you are giving good advice, caring and helpful and at least trying to help compared to some others who directly it seems just chat chat chat ... confusion and rubbish and misinterpretation and ehy ... split up all in fragments and sides so that we loose our true goal and true direction....
    TO ALL: IMPORTANT
    * SIGN THE PETITION ALREADY POSTED * against SMI loans *
  • heavenhelpheavenhelp Member Posts: 24 Listener
    edited March 2018
    mikehughescq said on 5th March
    I can say it because I work in welfare rights; understand the law; case law and guidance and because by and large it’s an accurate statement. The site is simplistic and often misleading. If you want that then by all means go there and then come here and have a row about it. The fact remains that, to be blunt, you are not experts and, with all due respect, the pair of you appear to have no idea what you’re talking about. 
    Your suggestion that government would be negligent if they gave inaccurate advice is nicely illustrative. Firstly they’re not giving advice. Government are changing the law. SERCO have been employed to give people advice on their choices. The gov.uk site is also not giving advice. It’s giving information. The two are entirely different. If you were my client and I advised you I would potentially owe you a duty of care and if I got it wrong you could theoretically sue for negligence if I got it wrong and you suffered financial loss demonstrably in consequence of that. If I gave you a leaflet on the basics of SMI then I’ve not given you advice. I’ve given you information. Wholly different. So, government negligence? I don’t think so.
    As for your idea that people should complain and do an MR and then appeal. That demonstrates a profound ignorance of how the law works. You don’t have a legal right to MR a law change. Indeed most of the SMI scheme attracts few rights of challenge. You could maybe put together a JR on discrimination grounds but against what protected group under EA 10? The only thing you could challenge under the revised scheme would be a miscalculation or maybe recovery of an overpayment and the likely route for that would be a complaint to the company. There’s no likely to be few benefit decisions to appeal unless it’s around whether SMI would otherwise bring into a means-tested benefit or the above two scenarios.
    Now, before you go name calling any further about my “advice” definitely going to cost people their homes I suggest you take a deep breath and ask yourself whether you want to take this further. I’ve already posted one link showing his the scheme works in reality and you both appear to have ignored that. Both of you appear to have conspicuously failed to have grasped the basics of this scheme and, as bad an idea as it is, you are neither qualified nor sufficiently informed to advise anyone here on what they ought to do on something as simple as MR.
     
    Thank you for clarifying that the Government website is giving information not advice. Even if they give in accurate information to vurnerable people who are no experts at interpreting or reading the minds of the law makers. Surely the Government website is and if it is not then it should be made accountable for giving inaccurate and out of date information. The information should be given accurately and in a manner that the general public would be able to understand and follow. Especially if they are expecting the vurnerable people to cogitate and make decisions on such large matters in such a short period of time. Surely this is where Scope should be fighting on behalf of vurnerable disabled people. Experts with legal knowledge could and should maybe write up a pettition on this point.

    With reference to your 3rd paragraph firstly you say
    "Indeed most of the SMI scheme attracts few rights of challenge. You could maybe put together a JR on discrimination grounds but against what protected group under EA 10?   I dont know about others but I certainly am not sure what JR  and EA 10 stands for? Also if you would be kind enough to elaborate or better still give a list of what other rights of challenge does most of the SMI scheme attract.

    Secondly, yoy say
    "The only thing you could challenge under the revised scheme would be a miscalculation or maybe recovery of an overpayment and the likely route for that would be a complaint to the company."  I don't know about others but I do not understand what you mean by miscalculation or recovery of an overpayment which I presume you are referring to the company SERCO. I was refferring to the people who have been paid SMI as a "Benefit" for a long time in relation to their loans taken out with Building Societies who have suddenly received letters saying they would now be able to receive it as a loan from SERCO. So I was referring to MR route for these people.

    Thirdly, could you please clarify "There’s no likely to be few benefit decisions to appeal unless it’s around whether SMI would otherwise bring into a means-tested benefit or the above two scenarios." R u saying that people who were receiving as a means -tested benifit can appeal?

    What are the basics of the new rule for people who have been receiving it as a means tested - benefit like Income Support, Pension Credit, ESA Support etc. well before 7th July 2017? What are these peoples rights under the Benefit rules?
     


  • mikehughescqmikehughescq Member Posts: 3,722 Disability Gamechanger
    It is obviously a government web site and I agree it ought to be accurate but it isn’t. It’s simplistic and incomplete and often misleading on lots of subjects. What you think should be done about that is up to you. The key point stands though that there’s no recourse to the law on that.

    JR is judicial review. EA 10 is the Equality Act 2010. There isn’t space to give a full list of potential challenges here but appeals is decusiins are contained within the law so I would suggest you start there. However, there’s nothing in there for individuals to prevent this change, which appears to be what this succession is about so it’s wholly misleading to tell people they could challenge this via the 
    MR and appeal process.

    Miscalculations and overpayments ought to be obvious. If the rate of loan or benefit paid is miscalculated and thus under or overpaid... nothing to do with Serco, who are solely responsible for initial financial advice. The fact you continue to think this has anything to do with loans from Serco suggests you need face to face as having a debate about how terrible something is and interpretation of web pages when you’ve not got the basic facts right is not a good idea. 

    My reference to few benefit appears was referring to the fact that people getting the loans will be on means-tested benefits. Unless the loan directly impacts the former there’s little to appeal bar, as I’ve already said, incorrect amounts.

    A general debate about “rights” under the new rules is stuff for a specialist forum, which this is not. If you want to know how it affects you then you need face to face advice. How it impacts others is up to them to find out.
  • heavenhelpheavenhelp Member Posts: 24 Listener
    so who gives face to face advice?
  • mikehughescqmikehughescq Member Posts: 3,722 Disability Gamechanger
    Depends on where you live
  • heavenhelpheavenhelp Member Posts: 24 Listener
  • heavenhelpheavenhelp Member Posts: 24 Listener
    @mikehughescq

    "Indeed most of the SMI scheme attracts few rights of challenge. You could maybe put together a Judicial Review on discrimination grounds but against what protected group under Equality Act 10? The only thing you could challenge under the revised scheme would be a miscalculation or maybe recovery of an overpayment and the likely route for that would be a complaint to the company."
    miscalculation by who? Overpayment to who? complaint to which comppany?  
    Please please clarify this paragraph you have stated, I don't know if others have understood what exactly you mean or how they can go about doing anything  I just cannot fully understand hence how do I go about this .

    "There’s no likely to be few benefit decisions to appeal unless it’s around whether SMI would otherwise bring into a means-tested benefit or the above two scenarios." Sorry can you please explain what you are trying to say"

    As this is a forum for SMI, What are the basics of the new rule for people who have been receiving SMI  since 2002 or 2004 or 1999 as a benefit which means well before 7th July 2017  because they were in receipt of means tested- benefits like Income Support, Pension Credit, ESA Support etc. well before 7th July 2017? What are these peoples rights under the Benefit rules?
     









  • heavenhelpheavenhelp Member Posts: 24 Listener
    URANIUM234UK haven't heard from you for a while what are your thoughts on the above please?
  • heavenhelpheavenhelp Member Posts: 24 Listener
    There seems to me different threads going on so I am copying and pasting what was said on another theard
    • @mikehughescq I think It is called Maladministarion, injustice inequality etc. We may not be able to change what the parliament have done but we can make a formal complaint about how they communicated (or rather lack of communication) with us or rather how little time they have given us, mixed messages on their website. Consequently how it has affected you ie if you have to extend your mortgage sell up and move causing undue stress anxiety making your health poorer. We should then take it to Parliamentary Ombudsman

      I also still feel that people should at the same time reqest Mandatory Reconsideration on the grounds of reducing your benefit causing you hardship, injustice, inequality. Basically treating us unfairly. These are examples you can add your own.
    • mikehughescqmikehughescq Posts: 617 Chatterbox
      So, to be clear, you’re asking people to completely waste their time by trying to use MR to challenge a change in the law!!! Whatever you might “feel” that is simply poor advice. You can also take a maladministration case on an individual basis and before doing so you would need to have exhausted the complaints process. What you actually need, as I’ve already stated, is a judicial review.
    • heavenhelpheavenhelp Posts: 20 Listener
      So why have they sent letter dated Feb 2018 saying "A Change in the ESA Rate Payable" "That is because of : a change to your housing costs. We have used the tax years ending *5 Appril .... and 5 april1994*  to   assess your claim. {look at the  date 1994 why this year)  

      Page 2 says WHAT TO DO IF YOU THINK THIS DECISION IS WRONG. If you think the decision is wrong pls get in touch with us by telephone or in writing. etc etc
      Next para states "You can appeal against this decision. but you cannot appeal until we have looked at the decision again. We call this a Mandatory Recosideration."

      You or someone who has the authority to act for you can:
      * ask us for an explanation of the decision, or
      *ask for  a wrtten statement of reasons for the decision, if we have not already sent one
      *ask to look at the decosion again, to see if it can be changed. There maybe some facts you think we have overlooked, or you may have further information that affects the decision.
      When we have looked at the decsion again, we will send you a letter explaining what we have done, "We call this a MANDATORY RECONSIDERATION NOTICE."                   
    • mikehughescqmikehughescq Posts: 617 Chatterbox
      Because computer generated letters are not intelligent. No more. No less.

      Gp do an MR then and see where it gets you. 
    • heavenhelpheavenhelp Posts: 20 Listener
      so again itis maladminstration so how come scope are not helping people who have contacted you to give advice about what wording to use for Maladministration Why is scope and other charities for disabled and vurnerable people  jointly  not campaigning on our behalf? It apppears you have been aware of this for quite sometime why have none of the charties acted so far but instead are adamant for people to accept the Injustice. Scope did not even start a petition on our behalf URANIUM234UK started it.




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