social welfare application

M

missthrifty

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I and my husband are self employed. I have cancer and have suspended trading since end Oct 2011. My husband has returned from UK to look after me and 2 children. Applied via CWO 8 weeks ago for assistance to get through the next few months. Husband half owns a house which his brother lives in and they state, despite there be no source of income from anywhere, that we are above means due to his share of the property (E250K) which we can't sell as it is his brother's residence. Am waiting for official notification but what should I do if refused help/ CWO told me apply for disability and my husband to apply for carers allowance. We both intend to resume work in circa six months. Any suggestions
 
I'd quickly bring along articles etc to show that even if the propery your husband can be sold, it would take 6 months-year to sell it and that you are looking for short term immediate help.
 
All SW means-tested schemes assess the capital value of property (other than the family home). Any income earned from that property is not assessed as means.

If you applied for Supplementary Welfare Allowance 8 weeks ago, and have been advised verbally of a refusal, you should have received official notification by now. You can appeal a refusal to the Social Welfare Appeals Office.
 
Thank you for your comments. I still have not heard anything. We have not been refused verbally, it was an entry made under my PPS no which another staff member quoted. I was told at the outset to appeal any decision that was made regardless of decision. Sounds like a game of cat and mouse but disheartening to think these people can play with families in distress in this way. Totally goes against their Mission Statement. Ironically without the needy there would be no need for them.
 
Thank you for your reply. Who, today can sell property even at a knock down price. This property cannot be sold due to my brother-in-law's part ownership and residence status. I don't fit their criteria of solutions obviously judging by their inconsiderate time delay - 8 weeks since application.
 
Have you received any notification of refusal of SWA? Have you contacted the officer who took the SWA application to request a written decision on your application?

I'm a bit unclear what you mean about "an entry under my PPS Number which another staff member quoted". You are dealing with 3 different scheme areas (Supplementary Welfare Allowance, Disability Allowance and Carer's Allowance), which area gave you the information on the "entry under (your) PPS Number"?

Disability Allowance and Carer's Allowance applications can take several months to process, so it would be unlikely that you would get a decision on these claims in 8 weeks.
 
I have contacted the CWO and she said the file is with the deciding officer - that was mid Dec 2011. The local welfare office staff member checked my PPS No and record to see if she could find out the state of the application. Under my PPS no the CWO had stated her finding of over means in relation to the basic supplementary welfare application made on 21 Oct 2011 - this has still not been decided. The latter applications for disability and carers were only sent in before xmas. Sorry to be so confusing.
 
I'm sorry, I'm still unclear as to what you mean about the "file with the deciding officer" - file for which claim?

If there was a record of "over-means" on your SWA application in Oct 2011, then the application has been processed and a decision has been made.

You should have received a letter stating the reason for the refusal and advising of your right to appeal.
 
Hello gipimann. I got the refusal letter today (5/1/12) - it was posted on 23/12/11. Stated as being over means due to husband's half share in his brother's family home (inherited). I sent an appeal but it seems unlikely as they have the legislation to back this decision.
 
Hello gipimann. I hope you don't mind me asking you directly but you seem to have a handle on matters concerning welfare. I worked for 25 years in UK on full NI and tax compliant. I finished in 1999 to become a mother and housewife. My UK NI etc was frozen. We came home in 2001. If my appeal against the basic supplementary welfare allowance decision is unsuccessful, is there any recourse to my contributions in the UK? Would they be out of date, ie: is there a time frame for applications? Do you know where I could go to find these answers please.
 
Here is some information on Irish/UK Social Security Agreement which allows persons to combine Irish and UK contributions.

http://www.welfare.ie/EN/Publications/SW123/Pages/1What is the purpose of the Agreement.aspx

If you have not worked and paid PRSI in Ireland, then you may not meet the requirements of the agreement - Self-employed PRSI contributions don't usually entitle persons to illness benefit payments.

You should contact the Dept of Work & Pensions in the UK to see if you would qualify for a payment from the UK itself.
 
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Hello again gipimann. No joy with the UK connection. However I spoke to the Disability section where I also made an application at the instruction of the CWO at the outset. The man there informed me that the CWO should not have means tested the shared ownership due to the fact it was the full time residence of my brother-in-law and he can't be expected to sell up his home etc. he stated this should have been taken into consideration. I interpret this as the CWO/Supplementary Welfare Dept rejecting claims so they go to appeal thereby saving their budgets in anticipation of a negative outcome?
 
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