North West Advice Service


A client was awarded zero points following a medical assessment for ESA. An appeal was lodged and following the hearing the appeal was also disallowed. A Statement of Reasons was requested following the appeal and leave to appeal was granted by the Legally Qualified Member. At this stage the case was referred to the Law Centre NI in order to progress to the Commissioner. At the Commissioner Hearing, the Commissioner found that the tribunal erred in law, the decision was set aside and the case is currently awaiting relisting for another hearing.


Omagh Independent Advice Services


A couple in their 80’s made an enquiry in relation to their rates bill. A full benefit entitlement check was carried out and assistance was provided with two applications for Attendance Allowance. Both applications were successful, which in turn resulted in underlying entitlement to Carers Allowance being secured which triggered entitlement to Carers Premium and Severe Disability Premium entitlements were also secured within Pension Credit. In total, the couple’s weekly income increased by £326.35 per week.


NIACRO


The client was sentenced to 5 months imprisonment and during this period correspondence was received from the Social Security Agency’s Debt Centre NI stating that the client has been overpaid ESA and that this amount was recoverable.


iv


The adviser drafted a letter challenging the decision citing that the client did not have the opportunity to report his change in circumstances and also referred to the arrangement whereby the Prison Service reports twice weekly to the Social Security Agency details of new committals to prison. A satisfactory outcome was secured for the


client. Magherafelt District Advice Service


Client was referred to the advice service by Women’s Aid following the breakdown of an abusive relationship. She had parental responsibility for 3 children and had been ejected from the marital home. The client had no income and although Women’s Aid helped her to secure accommodation she had no means of providing for herself or her children.


The adviser was able to assist the client secure entitlement to the following: Income Support; Child Benefit; Child Tax Credit; Child Maintenance; a Community Care Grant; and assistance via the Warm Homes Scheme. This assistance helped to ease the stress and anxiety of the client.


Ballynafeigh Community Development Association


Client sought advice as she was subject to a HMRC compliance check regarding her tax credit award. HMRC believed that they had discovered financial links to the property which indicated that there was a potential undisclosed partner. The case went


to an appeal hearing which found in favour of the client which resulted in a £12,000 overpayment decision being overturned.


East Belfast Independent Advice Centre


Client was in his 40’s and suffered from long term depression and post-traumatic stress disorder. Following the break-up of his marriage he began drinking heavily to cope with his depression and also to block out painful flashbacks. Client lived in Supported Accommodation as he needed the input of a Support Worker and other staff. Client received Employment and Support Allowance but following a reassessment it was decided he was no longer entitled to ESA. The client’s social worker referred him to EBIAC for assistance to appeal the decision.


The adviser prepared a submission on behalf of the client and sought evidence from the Social Worker that showed that his flat was indeed supported living. The Social Security Agency refused to have the decision overturned before it proceeded to tribunal. In this case the hearing did not proceed as the tribunal awarded the client Employment and Support Allowance on the basis of the submission and the evidence from his Social Worker.


Housing Rights Service


Client was a young man with access rights to his 3 children. He had mental health and addiction problems and had been living between hostels for a considerable period of time while waiting for social housing. Just after the client was remanded


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