SMI paid as a benefit - Page 2 — Scope | Disability forum
Please read our updated community house rules and community guidelines.

SMI paid as a benefit

2»

Comments

  • URANIUM234UK
    URANIUM234UK Community 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 *
  • heavenhelp
    heavenhelp Community member Posts: 24 Listener
    edited March 2018
    Username_removed 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?
     


  • heavenhelp
    heavenhelp Community member Posts: 24 Listener
    so who gives face to face advice?
  • heavenhelp
    heavenhelp Community member Posts: 24 Listener
  • heavenhelp
    heavenhelp Community 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?
     









  • heavenhelp
    heavenhelp Community member Posts: 24 Listener
    URANIUM234UK haven't heard from you for a while what are your thoughts on the above please?
  • heavenhelp
    heavenhelp Community 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.
    • Username_removedUsername_removed 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."                   
    • Username_removedUsername_removed 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.




Brightness

Do you need advice on your energy costs?


Scope’s Disability Energy Support service is open to any disabled household in England or Wales in which one or more disabled people live. You can get free advice from an expert adviser on managing energy debt, switching tariffs, contacting your supplier and more. Find out more information by visiting our
Disability Energy Support webpage.