My overall Benefits journey from 2013 to date - and on going still!!

[ErikaPNP]

It is usually the result of a report that has been made which they believe to be mallicious, as there is no evidence to suggest the claimant has done anything wrong. Such as someone reporting you for living with a partner, or working whilst claiming benefit. Other cases they look at is if a benefit officer has picked up on something - for example no partner declared, but there is someone else named on the tenancy.

 

Compliance usually deal with cases where no crime is believed to have been committed but they have to be seen to be doing something, basically!

 

If they strongly had suspicions of fraudulent activity then it would be with fraud investigators, not compliance.

 

Compliance used to be done as routine but nowadays they don't have much time for "routine" so compliance deals with these cases, and in most circumstances are absolutley nothing to worry about.

 

They'll probably ask for your paperwork - bank statements, utility bills, rent statement etc.... usually they are looking for confirmation that there is no partner named on the documents or no more money in any accounts than you have declared, and they will ask you questions. They will tell you why they are there, and although they cannot tell you who reported you (in most cases it's anon anyway) they will tell you what the allegation was.

 

As nothing has changed, you have absolutely no worries. One thing though - you are entitled to have someone with you whilst you are there, and I would recommend this.

 

There are more threads about - gimme a sec and I will post

[ErikaPNP]

Here: http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/203872-letter-customer-compliance-team.html

 

And although she didn't respond on this forum, it appears to be the same lady posting the result here: Letter from the Customer Compliance Team - MoneySavingExpert.com Forums

 

Hope this sets your mind at rest - as you can see, this lady was very worried indeed and her medical issues probably made her anxiety 100 times worse, but it came good.

[ErikaPNP]

I hope your daughter's now a bit more relaxed about it now, Ruby. I know the feeling, I had compliance from Tax Credit in the past and the wording is rather scary, particularly to vulnerable people!

[ErikaPNP]

Your details may be on her claim as a person with whom she lives with, but they won't necesserily know anything about your circumstances, no. They can only access an account for legitimate government business and unless they are looking deeply into your benefits as part of the compliance investigation of your daughters, then they wouldn't know about it.

[ErikaPNP]

Hi Ruby.

 

It's not the DWP that will deal with the appeal, but the tribunals service. The DWP will perform a reconsideration of the decision in house and if they are unable to overturn the decision, they will forward it to the Tribunals Service. The TS will then send you out the forms you mention, and you will receive all papers relating to your claim and the subsequent decision.

 

The delay indicator for appeals cases for benefits is currently 9 months.

[ErikaPNP]

Only for last year - can't find percentage for this year. 43.44 per cent, from April 2008 to October 2008.

 

They will most likely be heard in "order of priority" - that is usually date order, but if anything "jumps" off the paper for the tribunal service as a "special case" it may be heard sooner. The tribunals service have the overall say on this.

 

As above, the indicator of delay for appeal cases is currently 9 months. This is how long it can take, although it will usually be sooner.

[ErikaPNP]

57.58 per cent are overturned where representatives are present.

 

No figure is recorded for tribunals where claimant and rep attend together.

[ErikaPNP]

That will be 70% of the claims that they are aware of, not the overall figure.

[ErikaPNP]

It's imposible to say. If the letter from the consultant is enough in itself for the decision to be overturned, then it will be overturned during a reconsideration performed by DWP. If DWP have already performed a reconsideration and not overturned the decision, they will have already submitted the case to the tribunal service and the appeal will go ahead, as once it is with the tribunal service, it is out of DWP hands until the tribunal deliver their decision/strike the case out. If the appeal uphold the DWP decision, you would need to re-apply.

[ErikaPNP]

If no submission has been made to the tribunal as yet and there is enough within that letter to overturn then they will - they prefer to overturn a decision rather than send it to the tribunal if at all possible.

 

It can take some time after a submission to TS before a claimant will hear from them, and even longer for an appeal to be heard, so here's hoping the DWP can overturn the decision in your favour, as it tends to be quicker this way - you've waited long enough already.

 

Best wishes, and I hope you get some good news soon.

[ErikaPNP]

The general concensus is that whilst a person is awaiting an appeal, for IB they should sign on JSA (which won't prejudice the appeal) or reduced rate incapacity. You cannot get both so I have no idea why they are encouraging you to sign on to JSA.

 

Have you consulted a Welfare Rights unit about this, Ruby? Have you claimed DLA at all?

[ErikaPNP]

They are correct in that those are the only options available to you whilst awaiting appeal: JSA or reduced rate incap. I would stop ringing them. Email or write only, as ringing them is obviously not helping you at the moment and if something is in writing then you do have proof of what was said. Emails are even better because you can prove you sent an email, and the content. If the appeal has been forwarded to the Tribunal's Service by DWP, then it's also out of DWP hands, so I'm not sure how the CAB would be able to help you?

 

I would recommend that if you are in need of additional care/mobility needs as a result of your illness that you apply for DLA with the support of CAB and yes, writing to the CAB and explaining is an idea - they may well offer you an appointment that way.If you have had the condition for more than three months and are likely to have it for more than 6 months then you should apply. Even though you have only recently been diagnosed, it is now known that it is a symptom of your illness which you have had for some time.

 

My daughter is disabled and although we only recently got a diagnosis it doesn't mean she's only had the condition since the diagnosis of it. She's had it since birth, we just didn't know what was causing her difficulties - so don't think that because you have only recently been diagnosed that you don't fit the "three month" qualifying period.

 

Be aware though, that DLA also has a reputation for turning down a lot of claims - I want to make you aware of this now so that you know this may happen, if you decide to go down this route.

 

Do you have a CPN/Social Worker who can support you? Social Workers quite often act as representatives for benefit claimants though they won't be as well versed as Welfare Rights officers, they may be able to help.

[ErikaPNP]

It's not a good mix when you're uncomfortable with a person who should be helping you, and it may hinder you. Are you aware that you can request someone else other than your current CPN?

 

It may also help to have some support from DIAL or MIND, if you are not already in contact with them.

[ErikaPNP]

No problem, Ruby. I know from your posts that you are a strong person, but there's no need for you to go through this on your own when there are people who will support you. Unfotunately we cannot always solve what we would like to solve but we can be there for you

 

Take care of yourself.

[ErikaPNP]

Yes, she does have to attend. Here is some information which might be of use:

 

What happens at a work focused interview?

 

When you are called to the interview a 'personal adviser' will discuss your work prospects. A work focused interview is intended to:

 

• 
  
  1. assess your prospects of obtaining work
     
  2. assist or encourage you obtain work
     
  3. identify activities that you may undertake that will make remaining in or obtaining work more likely
     
  4. identify training, educational or rehabilitation opportunities you can take which may make it more likely that you will obtain work
     
  5. identify current or future work opportunities, including self employment, relevant to your needs and abilities
     

   

To pass the interview requirement, you must not only turn up for the interview at the right time, but also take part in it. You are expected to answer questions about your educational qualifications, any vocational training you have undertaken, your employment history, your work-related skills, any paid or unpaid work you are doing and any caring or childcare responsibilities you have.

 

You may also be asked about any medical condition which in your opinion puts you at a disadvantage in getting a job. This may involve discussing a capability report provided by the DWP doctor who examined you. Participation in these work-focused interviews should not adversely affect your benefit claim.

You will also be required to help the personal adviser complete an 'action plan', which will list the steps you are willing to take in order to enhance your job prospects.

 

However, you are not required to do any more than take part in the interview. Whether you actually attend training, follow up on a job vacancy or do anything else agreed in the action plan or suggested by the personal adviser is entirely up to you.

You may be required to take part in further interviews at a later date.

 

 

What if I don't attend?

 

If you don't attend the interview without good cause, your claim will lapse or your benefit will be reduced. So you should still attend the interview, even if you feel it is inappropriate for you at the moment (or contact the benefit office straightaway within 5 days of the date of your interview to tell them why you cannot or could not attend).

 

 

What is good cause for not attending an interview?

 

There is no definition of good cause. It could be for a variety of reasons. For example it would be good cause if there was a misunderstanding due to learning, language or literacy difficulties. You might also have good cause if you had to keep a medical or dental appointment or if you were ill due to your condition and this made it impossible to attend the interview.

 

 

Who does not have to attend a work focused interview?

 

The personal adviser may waive or defer attendance for an interview if they consider that it would 'not be of assistance' to you or 'appropriate in the circumstances'. Once attendance has been waived you are treated as if you had taken part in the interview. If attendance has been deferred you will have to attend an interview at a later date.

You are also not required to attend a work-focused interview if:

 

• you are aged 60 or over.
  
• you are about to start work
  
• you are working 16 hours or more a week
  
• you are placed in the employment and support allowance support group
  
• you are claiming IS/IB and are exempt from the personal capability assessment (PCA)
  

[ErikaPNP]

"Struck out" cases in appeal terms, are cases which the tribunal service have rejected either because:

 

1. the claimant has no grounds to appeal; for example, a claimant submits a claim for a Sure Start Maternity grant from the Social Fund, but is not in reciept of a qualifying benefit. She states in her appeal that she does not think it is fair that she doesn't qualify because she isn't in reciept of benefits and expresses she has paid taxes for a number of years. A claim such as this will be "struck out" because it is specified within the regulations that one of the conditions of claiming a Sure Start is that the claimant must be in receipt of a qualifying benefit. The claimant does not feel the decision is fair. The appeals tribunal are not there to decide if the law is "fair" or not, as it cannot change the law; they exist to decide if the law has been applied correctly. By the claimant's own admission, she does not receive a qualifying benefit and is therefore not eligible. There are no grounds for appeal.

 

2. A claimant has not responded to correspondence issued by the tribunals service within the time scale given to them.

 

An appeal is never "struck out" to make an award to a claimant. A "struck out appeal" is a rejected appeal, which ends there and then.

 

What happens at the tribunal's decision is they may "dismiss" the original decision, or "set it aside" because it is wrong in law. The tribunal will consider the new evidence and can sometimes (depending on what the evidence is), take it into consideration and uphold the claimants appeal. This means writing to the DWP telling them to make an award. Other times they cannot take the evidence into consideration as, had it been available at the time, the decision would have been drastically different (though could still be a refusal) and will send the case back to the DWP to make a new decision on it, in light of the new evidence. This is not the same as being "struck out".

[ErikaPNP]

The problem is, the DWP are not obliged to take into account letters from any other medic, as the test relies on their own assessments by ATOS. However, the tribunal DO allow your own medic's opinions to be considered.

[ErikaPNP]

Only you can withdraw the appeal, meaning that you no longer wish to pursue it. Or, the tribunal can strike it out, meaning they refuse to conduct an appeal.

 

They cannot overturn the decision without the case actually going to appeal, as this in itself would be the appeal. So, the hearing will go ahead unless you decide you no longer wish to pursue it, or they strike it out.

[ErikaPNP]

The DWP have no choice now it is in the hands of the tribunal. They could only overturn it on a reconsideration prior to the case going to tribunal, but now it is with the tribunal service, the DWP have no juridiction on the decision.

[ErikaPNP]

There is a member here who is considering legal action. Type "ATOS" into the search box and you will find it.

[ErikaPNP]

Hi Ruby - haven't seen you for a while, how are you? There's nothing to worry about here.

 

Your appeal will continue against the IB decision, as an appeal is based upon the facts which were available at the time and any submissions which follow in support of those facts. The heading will have changed for the reasons you thought, but this is for tribunal administration purposes only and your appeal will continue.

 

If successful you will continue to receive IB, until they transfer you on to ESA. All existing IB or IS on the grounds of incapacity claims will eventually be transferred on to ESA but in the meantime your appeal will continue as it would under any other circumstances.

[ErikaPNP]

Yes, you will still get your tribunal. There are no immediate plans to change this that I am aware of. Have you received the DWP submission?

[ErikaPNP]

Yes, Ruby - that paperwork is the submission.

 

So it's definately gone to TS (Tribunal Service) Did TS send you an enquiry form, like the one attached to this post?

 

If so, then they definately have your case and it's just a case of waiting for a date to come through. Long wait you've had, Ruby.

TCEEnquiryFormAppellant_05_04_10.pdf

[ErikaPNP]

Yes, I think a phone call would be in order, Ruby. We all know these things are taking months but at the very least they might be able to update you - it's almost been a year with your case, hasn't it?