The DWP's new legislation on fraud repayments
Some of you may not know the predicament that I am in at the moment, 13 years ago I was convicted of Benefit fraud, done my time and have been paying the money back ever since at a rate I am able to afford and have never missed a paymentor so I thought so?
On May 5th this year I received a letter and it stated that from 16th May 2015 I would be deducted £29.60 per week 40% of my Benefits, yes you are reading right per week, not per month, so I went to the CAB and sought help and advice over this matter and was told, sorry advised to ask for a mandatory reconsideration of this decision siting Financial Hardship as the reason, which I dually did and sent off afore mentioned form.
I then on 29th May received a reply from the Department for Work and Pensions and this is what they "As the Overpayment was due to Fraud and further to a ministerial statement on 3rd November 2014, Financial Hardship can not be taken into account for a Mandatory Reconsideration and The Decision has no right to appeal"
So Financial Hardship is not a reason for a Mandatory Reconsideration so what is the definition of Financial Hardship "a condition or Conditions that is difficult to endure; suffering; deprivation; oppression". So I am left with a decision weather to eat or pay my bills, how can that be right.
Since all of this started I have been going through a bout of Depression brought on by the Worry of what decision I am going to make do I eat or Do pay my bills, this is something I have to do daily and some days I do not eat at all as I can't afford to, there we are now you have it "Financial Hardship" having to make a choice because you can't afford to eat.
It was also stated no right to appeal, really no right to appeal, so after taking a bit of advice from a family member, they stated look at The Human Rights act, this I did and guess what I found, well I found the following from the Universal Declaration of Human Right act 1948 and it is and act adopted by The UN and The European Union and as Britain are part of The EU at the moment shouldn't it apply to us, section 22 states this "Social Security. We all have the right to affordable housing, medicine, education, and childcare, enough money to live on and medical help if we are ill or old"
So as you can see and I never knew this it is a fundamental human right to have enough money to live on, really so this current government are in breach of my human right by not giving me enough money to live on by taking £29.60 per Week, The state says the minimum you should get to live on is £73.10 per week, so you take the £29.60 per week off then I am left with £43.50 per week to pay my bills and feed myself, So now I have a reason to appeal against the decision they have made, they are in breach of my human right by not allowing me enough money to live on.
So this would also state that the new legislation and come to that the old legislation is fundamentally floored and thus illegal, but the Tory Government won't care that you are suffering Financial Hardship, just as long as they screw you for every penny they can get out of you.
Today I have filled in and sent off an SSCS1 with the very aim of appealing the decision the DWP or more importantly Mr Iain Duncan-Smith who lets be fare has never done a hard days work in his life telling them they are in breach of my fundamental human right of having enough money to live on.
I will also be looking into how I go about getting a judicial review on this legislation because it has surely not be looked through and the damaging effects it can have on a persons mental and physical health.
They say that poverty will go down under this government, but I am afraid to say it will go up and I am also afraid to say the suicide rate will, until someone makes this shithole of a Tory Government sit up and take note of what they are doing to the poor in this country.
