Options re: appealing DA and losing back pay

S

Sunshine95

Registered User
Messages
4
Hi everyone,

I'm quite worried about a problem my mum has and I am really hoping someone might be able to offer some advice here.

Basically she was receiving one parent family payment up until June and then that ended. At that point I suggested that she should move to disability allowance because I researched her options and it was either that or Jobseeker's Allowance (but in our opinion and in the opinion of her doctor she is unable to work for the foreseeable future and has been unable for the past 12 months). She has an unusual medical condition that I won't describe because it would probably be easy to identify her if somebody knew her... But she Is awaiting an operation and until she gets this she is unable to work. She has no date for this operation. She's been waiting a year so far.

She filled in the forms and sent off numerous consultant letters etc. and her gp filled in their section stating that my mum was unfit for work for at least another 12
/18 months.

This was all in July. Then this week she heard back and was refused because they don't agree that she is unfit for work. Now my mother is in a bad state financially, she receives some maintenance money from her ex husband (separated) so didn't qualify for anything from her CWO but to be honest she is definitely struggling and has only been able to get to October because she was thinking in the back of her head that all those months would be back paid eventually (she's been borrowing money off various people in the interim).

As far as I can see she now has 2 options, to appeal the decision or to apply for Jobseeker's Allowance on the basis that the DA department think she can work. We disagree but if that's what they insist on then she doesn't really have any other option.
However, my main concern with this second option is that she's going to lose the three months back pay that she really needs. I just think this is so unfair as it's not her fault it took the department over three months to decide.

We want her to appeal it as we really disagree with them but if she appeals the decision, she will be waiting another few months probably and if they still say no in the end she will be even worse off financially.

Our main concern is the back pay... If she knew that after the appeal if they still say no and if at that stage she applied for JA and could still get her back pay to last July then she would go for it.... But I'm guessing this isn't the case is it? So she can't really afford the risk even though she is really genuine.

Is there anyway she can apply for JA while appealing the DA .... And if she gets DA can she just transfer to that instead?

It just seems so unfair as she really is in trouble here, Her mental health is suffering as a result and although she hasn't been to see her doctor about this I do suspect she has some mild depression because this really is getting on top of her.

Thanks to anyone who can offer advice on this, I'd really appreciate any help.
 
Hi,

She just appeals the DA decision, detailing reasons with letter from the relevant medical consultant etc etc. Contact the DSP local officer/rep formerly called CWO, another form to be filled out in order to get a means tested supplementary welfare allowance (SWA) weekly payment pending appeal decision. If DA awarded she will get back money dated back to date of original DA application, less SWA paid to her already. This takes a few months. I myself have been through the DA application process.
 
Thanks for the reply but she can't get the SWA because of the maintenance she receives. But that's not enough to live off because she has rent bills etc. and my brother is still at home and in school (but is 18 so she doesn't receive child allowance etc).
The problem is that if they refuse her appeal too then she'll be in an awful mess... Worse than right now even because the appeal will take months too.

 
You are saying the maintenance stops her getting SWA due to the means test presumably. But was the maintenance not included in a means test for the OPF payment when she was getting that? Also, the maintenance is included in a means test for DA. The means testing calcs would test the patience of Job, it can be headwrecking sometimes to figure out, various disregards etc eg offsetting rent to reduce maintenance figure in the means test. Then there are additional payments eg rent supplement.

http://www.citizensinformation.ie/e.../maintenance_and_social_welfare_payments.html

It might be better to go talk to the local "CWO" at the clinic. I had to go when I became ill, they were very helpful.
 
Thanks for your reply. Yes the maintenance was counted when she received OPF, but she still received the majority of the maximum payment. When the deciding officer refused her DA they had calculated her means and said her means was €50 so if she had been granted DA the she would have received the maximum amount minus €50.
But she went to see her CWO and he said that her maintenance meant she could only get about €10 for the SWA. She does receive this every week sorry I should have said that earlier but it's so little compared to the amount she would get on DA if accepted.
 
I don't know what options are available to her other than appeal the DA, and that will take months presumably. Perhaps some other poster has more advice for you.
 
2 options. Appeal DA and wait. If successful collect the back money.

Apply for JSA now, only problem is they may say you are not genuinely seeking work.

Personally I would appeal the DA. Also most of the refusals are being overturned on appeal.
 


Is your brother receiving any SW payment?
 
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