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Human rights

Disabled niece being exploited by government

27 replies

rational837 · 23/08/2023 22:35

My niece is 26. She has very severe mental health problems - in and out of units etc. Fairly stable now but heavily medicated and lacks capacity. Was getting disability benefits til March which organisations had to fight for. She had a review and got a letter saying she was no longer entitled to anything even though her doctor did a report to support her. Me and my mum tried our best to help but she lost her money. She was forced to claim Universal Credit but is expected to work full time and take all sorts of steps to achieve this. She lost her supported living flat/housing benefit and had to move in with my mum. She has health problems so its limited how she can support my niece. The stress of the conditions of UC and several sanctions has caused a relapse but she can't go back to unit. She keeps attempting suicide and disappearing with the police looking for her. She's stopped her tablets and says she doesn't want to live as the government hate her and don't care. No organisations can do anything and I'm scared she will take her life. Anyone any advice please a I don't know where to turn and having mental health issues myself :(

OP posts:
rational837 · 24/08/2023 10:41

ILoveMyCaravan · 24/08/2023 00:39

There is case law to say that the onus is on DWP to prove your health has substantially improved to be able to lower a previous award, here:

https://assets.publishing.service.gov.uk/media/58527464ed915d0aeb0000a8/CPIP162332016.pdf?fbclid=IwAR3p4RzPuJyBfN45kDIG74rtJZxd8jHOoxDAZD6IFN1DgDzss5fPboVKisaemm_Aed3N3GUUDk0YOXTZNIJK7R28qRQpFSgmKkGiSUQawJrxrAI1uSQd-3JsneRBoEetzc

It’s long winded, but worth a read. Even just writing to them and quoting the case might be enough to change their minds! A tribunal judge is not going to look favourably on them for wasting the courts time. It's entirely possible they will make an offer long before the tribunal.

Also, get your MP involved and get them to highlight the above case law.

Thanks so much! This is really uselul.

OP posts:
disluznews · 24/08/2023 13:18

Startyabastard · 24/08/2023 01:15

Approach a university that has law students that want cases to help them practice.
I got recommended this from a charity that is meant to be advocacy based but doesn't include it any more.
Mind the mental health charity has advocated for me in the past and helped me with paperwork.
Can you approach charities that might be specific to her needs to help you also?

I don't think they can help with benefit claims.

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