Cut off One Parent Payment??? UNFAIR

Best of luck Tinkerbell, I understand how some are actually playing 'devils advocate' so you must take this on board cos this is what will be asked of you by the SW.

You sound like you are attempting to stand on your own feet and should be commended on it.
I hope it works out well for you but you may have a hard time 'proving' you're not a scrounger to the SW. Good people get the lashback from the scumbags (and there are thousands of them) unfortunately.

Best of luck.
 
your entitled to whatever the law of the land allows,if your not co habiting you are entitled to certain things,they have to prove otherwise,appeal it see a solicitor if you have to,get every penny you can.
 
Coming in late to this one. apologies...

First off, "cohabitation" is not just living under the same roof. Many factors will have been taken into accouint by the investigator beforre submitting his report to the Deciding Officer. He will have noted, bill arrangements, use of car, fact that second child was not claimed at time of birth (indicator to covering up of situation), socialising together, visiting, etc.. Also, getting support from the father of the children is not the reason that you were disqualifeid. In fact, SW expects One-parent Family Parents to look for support from the other parent and query if they don't pay maintenqance! Also see Gipimann's link.

Tinkerbell says she has appealed decision but is "getting nowhere". The appeal process (written of course) is a formal one to an independent party and must reach a formal conclusion, wiht a written result. I don't see how "getting nowhere" fits into this, it is not a tit for tat argument with SW that takes place over the phone or something! Similarly, going to a TD before exhausting the appeal route is pointless as the Appeals Office is an independent body and has to be so to demonstrate fairness.
 
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Can the Health board not fund you while you are waiting for your appeal. I am guessing an appeal can take quite a few weeks. Maybe it would be better if you paid rent and rather than the father of your children paying bills it would be better that he just paid you maintenance so that you fit into the social welfare requirements.
 
It does seem a bit harsh, what the SW are doing. I can see why they may believe that you are cohabiting, but surely they should think "INNOCENT until PROVEN guilty" as should some of the other posters on this tread. They do not have strong evidence from what you have said. If this was brought up in front of a court, it would be thrown out straight away on lack of evidence. If I was in your position and I was innocent, I would be very p1ssed off. Consult a solicitor and find out if there is any possible action that you can take against the department if you lose your job and you win your appeal, eg. loss of earnings.
 
Appeals Process

Well, as yet, my appeal is still to go to the Appeals office! They are taking there time to send it??? What is the process I need to follow? And in order to get my records, so I can defend myself, can I just go into the SW office and request my information? Do they hand them over there and then? How long does that all take?

Thanks

Previous post.......

http://www.askaboutmoney.com/showthread.php?t=94063
 
Re: Appeals Process

Tinker-bell, the fact that your appeal has not been processed yet is probably a good thing! This may mean they are reconsidering the decision in the light of what you said in your appeal submission (new evidence can allow them to do this). If you have made the same points in your appeal as you did in the first post in the other thread, you might get a revised decision.
 
Re: Appeals Process

Just one question......can the inspector decide what the outcome is..ie. recommend it go to Appeals office? The inspector I am dealing with has not given the file to the deciding officer and yet he has gave me the final decision that it is going to Appeals. I think he has a personal grudge against me. Can I request a different inspector because from what I know he has not been following the procedures?

Thanks
 
Okay....so after a lot of messing, I think it is going to the Appeals Office. We have since made different arrangements as regards the household bills. He has set up a standing order for maintenance and is paying a bit more and no longer paying half the bills. So, will this be taken into consideration in the appeals because I think this is one of the main factors. Also, with regards, use of the car, I am looking for a car. They are very expensive to tax insure and mainly to purchase. With still no word from CWO I have nothing coming in. I am living on the child benefit. How am I suppose to buy a car with no money? Also, if I started paying rent (which will be a big struggle) even if it is 20 per week, would that be taken into consideration for appeals in light of new information? This is an uphill struggle. Im finding it very difficult. I can't believe I am been treated like this. Not only that, I feel the inspector is not been fair in this process. He is making all the decisions. I know this as I have spoke with the deciding officer and she has not even seen the file!!!
 
Tinkerbell,

I have merged your two threads as it is merely causing confusion/duplication of answers and in breach of the posting guidelines.
 
gillarosa said:
Hi Tinkerbell,


In regard to your course, you could maybe approach the course provider and advise that you have been in receipt of Lone Parent allowance, are not working but there is an scheduled appeal to a decision they took on your status and allowance?

Good luck.
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As far as CE (Community Employment) goes, one must be on the Live Register or in receipt of a Lone Parents Allowance to be eligible so the course provider will have no say in it. FAS have the final say and if those criteria arent met then a person cannot be started on the scheme.

You need to definitely appeal this as quickly as possible. In the meantime get yourself down to your Community Welfare Officer in your local health Centre and explain whats happened. You can get emergency payments while the appeal situation is being sorted out.

Best of luck and I hope it works out for you
 
As I say, I think I am been treated unfairly. This has been going to appeals since the end of September and it is still in the local office. They know I was due to start the scheme and I think this is what has triggered them off. My payment would have been reduced anyway. My situation in regards the arrangements has been the way since we split...years ago. It has not changed...so why 2 years later is that not acceptable? Its because I am getting up and doing something with my life!!
Ps Have been in contact with CWO over a week ago and they must contact social welfare office. Once again, Im waiting on them to do something.

Sorry for the rant but I am furious!!!!

Are SW going to pay me for loss of earnings through the job I was going to do???
 
davidoco said:
your sorted if he marries or announces his engagement to this other girl - maybe an announcement in the paper would clinch it for you. I wonder would she give evidence for you.:eek:
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LYNDA XXXX XXXXXXX - CHRISTOPHER XXXX XXXXXX
Lynda and Christopher were married in Covent Garden, London on Saturday September 6, 2008. Guests were piped into the Church with bagpipes and the service included choir, trumpeter and organ. Cars and a London route-master bus were provided to take the parents, XXXX and XXXX, from XXXXX, Dublin and XXXX XXXXXXX of XXXXXXX, Kent and guests, to a champagne reception and dinner for sixty at the Marriott Hotel, County Hall, London. A number of guests attended from Ireland, including members of the Alexandra College Guild, the bride being Chairperson of the London Branch. The bride and groom intend a grand tour of Switzerland for their honeymoon.
Click to expand...

This one was in the Irish Times recently.
 
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