Hi folks, long story, just wondering if anyone can give advice or help to point out a possible solution.
ok brief background:
Ex partner ( we were together 2004-2009 ish) was on Incapacity benefit (10 years at least )and lower rate mobility DLA ( 2 years)
we moved house together 2 years ago ( house in my name only as we had split before I decided to move) and being good friends she moved with me as a lodger ( 4 bed house, each have seperate living rooms and bedrooms). She was changed to Contributions based ESA when it change from Incapacity. She got a letter back in September 2012 saying that her ESA payments were stopped as she had been on it for 12 months ( no 8 weeks pre stopping letter, just one 1 week after last payment made). Even though she has been on incapacity and has more than enough points to qualify for ESA it looks as though she was originally put into the wrong 'group' as she is no longer capable of working due to illness, medication etc.
So she queried this and did as requested to reapply for ESA, roll on December 2012 and she got a letter for an assessment, person from DWP came out, interviewed her, despite her chasing no word from DWP for over a month until another letter stating a home visit will be made. This happened in January. So no money or support from DWP since September 2012 and I had to support her financially ( bad situation I know.. but what else could I do).
Finally got a letter in today saying that she was not entitled to ESA as she has been put into income based group and as far as DWP cared we were living together as partners/ civil partnership.
At the first interview she had I wrote out and signed a statement for her to give to the interviewer which confirmed we were not a couple since we moved here, She had a copy of her rental agreement (lodgers agreement for a nominal amount £100 a month) and receipts for all the payments she made to me by cash up to September 2012. I should point out she was getting ESA only and did not apply for housing benefit as her rent was minimal.
So as it stands, DWP say she cannot get ESA as we are still together even though we are not, and have not been for the past 2 years.
She was planning to move out to a more convenient location for transport before end of the year anyway.
So am I left struggling to support her even though we have not been a couple for over 2 years yet we share a house and the DWP see this as being partners.
She is wanting to move out but cant progress as no money for deposit, no income as benefits stopped. if she puts her name on the local housing list she doesnt know if she will get housing benefit as she currently is not getting ESA or any benefit payments. Her medical points means she will not be bottom of the pile in regards to housing.
If she was offered a house tomorrow she would take it... but how would that affect her non existant ESA and any housing benefit she would be entitled to.
As far as we can work out the only reason for her not getting ESA is because the DWP think we are together. She even offered to the interviewer to show them round the house and show independant living quarters but they refused due to some arcane human rights thing where they are not allowed to see living arrangements.
My funds have been exhausted as I have been supporting her for the past 5 months. ( Would you see a friend you live with starve to death)
Any ideas? Medically she cannot live on the streets to make herself no fixed abode, Closest friends or relatives she can stay with are over 60 miles away. We are in rural Aberdeenshire.
She is waiting on paperwork to lodge an appeal but that might take 6-12 weeks to be seen , and then could go to a tribunal.
At my wits end, This is now affecting me financially and mentally any help or advice will be greatly appreciated.
I know this is not the usual query. But I just want this saga to be over.
Thanks.
ok brief background:
Ex partner ( we were together 2004-2009 ish) was on Incapacity benefit (10 years at least )and lower rate mobility DLA ( 2 years)
we moved house together 2 years ago ( house in my name only as we had split before I decided to move) and being good friends she moved with me as a lodger ( 4 bed house, each have seperate living rooms and bedrooms). She was changed to Contributions based ESA when it change from Incapacity. She got a letter back in September 2012 saying that her ESA payments were stopped as she had been on it for 12 months ( no 8 weeks pre stopping letter, just one 1 week after last payment made). Even though she has been on incapacity and has more than enough points to qualify for ESA it looks as though she was originally put into the wrong 'group' as she is no longer capable of working due to illness, medication etc.
So she queried this and did as requested to reapply for ESA, roll on December 2012 and she got a letter for an assessment, person from DWP came out, interviewed her, despite her chasing no word from DWP for over a month until another letter stating a home visit will be made. This happened in January. So no money or support from DWP since September 2012 and I had to support her financially ( bad situation I know.. but what else could I do).
Finally got a letter in today saying that she was not entitled to ESA as she has been put into income based group and as far as DWP cared we were living together as partners/ civil partnership.
At the first interview she had I wrote out and signed a statement for her to give to the interviewer which confirmed we were not a couple since we moved here, She had a copy of her rental agreement (lodgers agreement for a nominal amount £100 a month) and receipts for all the payments she made to me by cash up to September 2012. I should point out she was getting ESA only and did not apply for housing benefit as her rent was minimal.
So as it stands, DWP say she cannot get ESA as we are still together even though we are not, and have not been for the past 2 years.
She was planning to move out to a more convenient location for transport before end of the year anyway.
So am I left struggling to support her even though we have not been a couple for over 2 years yet we share a house and the DWP see this as being partners.
She is wanting to move out but cant progress as no money for deposit, no income as benefits stopped. if she puts her name on the local housing list she doesnt know if she will get housing benefit as she currently is not getting ESA or any benefit payments. Her medical points means she will not be bottom of the pile in regards to housing.
If she was offered a house tomorrow she would take it... but how would that affect her non existant ESA and any housing benefit she would be entitled to.
As far as we can work out the only reason for her not getting ESA is because the DWP think we are together. She even offered to the interviewer to show them round the house and show independant living quarters but they refused due to some arcane human rights thing where they are not allowed to see living arrangements.
My funds have been exhausted as I have been supporting her for the past 5 months. ( Would you see a friend you live with starve to death)
Any ideas? Medically she cannot live on the streets to make herself no fixed abode, Closest friends or relatives she can stay with are over 60 miles away. We are in rural Aberdeenshire.
She is waiting on paperwork to lodge an appeal but that might take 6-12 weeks to be seen , and then could go to a tribunal.
At my wits end, This is now affecting me financially and mentally any help or advice will be greatly appreciated.
I know this is not the usual query. But I just want this saga to be over.
Thanks.