Advocacy - I Need Someone's Help

[Guest France]

My E-mail address:

f_Chorley@hotmail.com

30, Spondon Road

London N15 4DX

08 July 2001

TO WHOM IT MAY CONCERN

Sir or Madam,

My Nat. Ins. No. YE 00 68 72 A

· I have been living and working in this country for the last 40 years – I came to this country in 1960, from Mauritius, while it was still a British Colony.

In the Appeal confirmation by the Walthamstow Benefit Agency, they suggest that I also get advice and representation to my Appeal. That is why I am writing to you.

I am very worried that there are many points which neither the Appeal Service nor the Appeal Tribunal can deal with; they have neither the Power nor the Authority nor the responsibility to deal with certain issues, for example:

· The fact that today I have no Income whatsoever to live on. I do not work and have not worked since 1st of October 1992 because I have been seriously ill. I receive no pension from any Employer. I have no savings since I have not earned a penny since 1st of October 1992 and, besides, I have had to support my two children on my Incapacity Benefit alone since 1995. I do not have any money to buy food – for now, my two children and I have to live on dry bread and water alone, given to us by our next-door neighbour. She is a widow herself and does not work and have a son of school age, still to support. I am now scared that she will not be able to give this bread forever. What is going to happen to us then?

· The fact that we do not have no Income, will also force me to have my electricity, gas and water cut off very soon, unless we receive some Income from somewhere. With no Income we cannot survive. Because there is absolutely no way we can get any money anywhere.

· Obviously, neither the Appeals Service nor the Appeals Tribunal can deal with the matter of “Emergency Payment”, pending the result of the Appeal. In the meantime, we just cannot survive, because we have no money whatsoever to live on. The Benefit Agency, although fully aware of all the facts, refuses to grant me any Emergency Payment, pending the result of the Appeal.

· There is absolutely no way either the Appeal Tribunal nor the Appeals Service nor I can force my wife to support the two children and I. No Solicitors will take the Case. Because of the Benefit Agency, my wife has now left us altogether and will neither support us nor pay the household bills, which she used to pay. She says that now she has to pay rent, she cannot afford to pay our electricity, gas and water and house insurance as well. Please allow me to explain this: My wife, since 1995, has been unable to support the two children and I because she has had to support her elderly mother, who is 88 years old, ill with cancer and bedridden most of the time. My wife has to support her financially, for food, for rent, for medicine even. In Mauritius, she does not receive anything from anywhere at all.

· But the Benefit Agency wants her to stop supporting her mother and support the children and I instead. My wife feels that this is a very serious human-right issue and, as such, should not have been taken by the Benefit Agency, but it should have been dealt with by a Court of Law.

· As the Benefit Agency adamantly refuses to take this a Court of Law, my wife has now left us altogether, so that she not only does not support us, but will not pay any of our bills – electricity, water, gas, rates and the house insurance neither.

· Consequently, we now have no money to buy food, but very soon we will be forced to have the essential supplies cut off, because there is absolutely no way we can get any money.

· The fact that I was forcibly retired on medical grounds in 1995. I was refused all right of appeal. Having been forcibly retired on medical grounds, I cannot be told now, after so many years, that I am no longer retired. One just cannot be retired one minute and not retired the next. I do not think that that this has ever happened in the history of this country, nor indeed in any country of the world. However, I do not think that this is the responsibility of the Appeals Service nor of the Appeal Tribunal to deal with.

· I do not think that these issues concern either the Appeals Service or the Appeal Tribunal. At least, I do not think that it is their responsibility, and, consequently, will not be dealing with these particular issues. And yet these particular issues are vital and paramount to my Case. If these are not dealt with and considered, my two children and I will be left with no Income whatsoever and cannot survive.

My two children and I are in a most desperate situation and we need help most urgently.

I am a 61-year-old man, severely mentally ill since April 1993. I have been unemployed since 1st of October 1992.

In 1995 I was forcibly retired on medical grounds on the advice of my GP and the Medical Services for the Benefit Agency, who took 2 years to investigate my Whole Case. I was refused all right of appeal. I was told that I was no longer required to submit any more medical certificates, nor have to undergo any Work Test nor have to have any more medical examination. They confirmed that I was in effect retired on medical grounds.

Now, however, after so many years, I have just been informed by the Benefit Agency that I am no longer retired, insinuating no doubt that I have suddenly been cured, as if by magic or by a miracle – without having given me any medical examination.

My benefits have been suddenly stopped. I have now no Income whatsoever to live on.

Since 1995, I have been supporting my two children on my Incapacity Benefit alone, my wife unable to support us. My wife has to support her old mother (In Mauritius). The Benefit agency wants my wife to stop supporting her mother and support the children and I instead.

My wife is unable to do this, because if she were to relinquish all responsibilities towards her mother, her mother 88 years old, ill with cancer and bedridden for most of the time, will have to leave her modest accommodation and go and live on the streets and die of starvation.

My wife feels that this is a very serious human-right issue and as such should have been taken by a Court of Law and not by the Benefit Agency. As the Benefit Agency adamantly refuses to take this the Courts, my wife has now left us altogether, so that she does not have to pay any household bills (which she was paying) and not support us either.

Consequently, my two children and I are now without Income whatsoever. Since last week, we live on dry bread and water alone. One loaf of bread have been given to us by our next-door neighbour, a widow herself and she does not work; that is all she can give us. We do not have any other relative in this country and do not know anyone who can help us.

Very soon, we will have to have our essential supplies – Water, gas and electricity cut off. Not only we will not have any food, but we will not have any hot water, therefore we will not be able to have a bath or even a simple wash; we will have no heating in the house. Not wanting to make difficulties for ourselves, but like everyone in this world, we will have to use the toilet. With the water supply cut off, we will not be able to flush the toilet. What will happen then? Your guess is as good as mine.

I have contacted our MP, Citizens Advice Bureaux and countless numbers of solicitors, but I cannot find anyone to help us in any way.

I must also point out that Tottenham Benefit Agency is fully aware of our situation, but adamantly refuses to help us in any way.

Please, please, come to our aid. We have no Income whatsoever. I am unable to look for work, because neither my GP nor the Medical Services for the Benefit Agency will clear me of my illness.

I have submitted Appeals on the following:

· The fact that I am being refused any “Emergency Payment” pending my appeal – we now have no income whatsoever and cannot survive.

· Against the decision of stopping my Incapacity Benefit.

· Against the decision of stopping my Income Support.

· Against the decision of refusing me Disability Living Allowance.

· Against the decision of refusing me “Minimum Guarantee Income. How is it possible not to get the Minimum Guarantee Income, when in fact, I do not have no Income whatsoever and two children still to support?

If you require any more information from me, please do not hesitate to contact me and I would be only too happy to give you any further detail that you may require.

Thank you. Thank you.

France G. Chorley