Dwp

[sazz]

Just out of interest, if you were to take legal action against a jobcentre plus for misusing & mishandling data & confidential information relating to your benefits, who has jurisdiction?

A long story short which is still being rectified (hopefully!), but it basically involved them losing my claim forms 'somewhere in the system'. As a result, I'm left at the moment to call up and beg for those pathetic crisis loans whilst they sort out the mess. I also had my last Income Support payment paid into an unavailable (Overdrawn!) account which I specifically told them about. (This is part of the maladministration error). These bank details and other highly sensitive information was obviously on the form that's now 'lost'. I'm looking at legislation and forums dedicated to benefits but just wondered if anybody had any similar dealings?

Incidentally, I found out about DWP Viewpoint whilst trawling the net looking for info. I mentioned them to 3 different advisers and one of the managers but not one of them knew what I was talking about! There are reports on the net that staff are in the dark about it and most advisers have never heard of it as they aren't actually briefed about this place.

How worrying is that?

[JimTheGent]

I have been considering this issue myself for a while now and I believe I am correct in saying the Secretary of State for Education and Employment is the one who would have ultimate responsibility and be cited in any court action, since he or she is the appointed representative of the DWP.

All this said, I have discovered most lawyers will not get involved with legal action against the DWP and I do not understand why. Accountability seems to be another grey area, along with exactly where one can find the exact Rules and Regulations which govern the DWP and on which they base their decisions. Considering the pledge by this Government all this type of information is to be made available via electronic means, I find the absence of the information (and legal recourse) nonsensical and highly contradictory.

I recently agreed to a scheme whereby I could work for 16 hours a week without my benefits being affected and earn up to £82. This scheme is designed to help qualifying people in my position to get back to work or self-employment. I got a letter in writing confirming the details. Assured I could work without breaking the law or losing any benefits I started self-employment. They then suspended my benefits anyway as soon as I began earning money. By the end of the second month I was £2000 in debt and was forced to become unemployed again. They also contacted people I had solicited to become clients for my new venture and advised them I was "under investigation". Naturally the contracts were withdrawn from said clients.

Not only has the DWP destroyed my chances of getting the business started, but it seems to me they are in clear "Breach of Contract", given they have broken their own written agreement (which was confirmed in writing). This seems contrary to the purpose for which they exist.

I contacted several solicitors who simply did not want to know. So I intend taking out a private civil action. But trying to find out information on who to take action against is nigh impossible. However, I do think the one ultimately responsible is the Secretary of State for Education and Employment.

It is very difficult to find information so if anyone can add anything please do post it here.

Thx

Jim

[dw190]

This link may help:

http://www.dwp.gov.uk/publications/dwp/2003/frm/

[sazz]

Hey Guys,

This is a bit of a biggie so I'm going to write the quick & easy version...

I failed my medical assessment for Incapacity benefit and appealed the decision. I'm waiting on an oral appeal, which I'm told won't be until around Xmas due to the backlog of appeals!! (This I was told by my Rep at my local CAB office!)

Partner claimed Incapacity benefit & income support which has taken over 5 weeks to process due to them losing forms. 2 payments totalling almost £300 has been paid into an account which I specifically told them NOT to in writing and over the phone and in person. Bank refuses to give me access to money as I'm over my overdraft limit so payments MUST go towards debt.

Complaint letters x 2 sent to local office manager that dealt with our claim. Letters also sent to DWP Correspondence Unit, Gavin Strang MP, John Hutton, Anne McGuire, James Plaskitt and Jim Murphy to tell them what a shambolic mess the DWP is in.

I was told at CAB that under the Benefits & Administration Avt the bank must allow me access to any government social security payments. She advised me to write to the Banking Ombudsman. Apparently another client did this and received £10,000!

As far as I can tell, it looks as though my appeal, (Merry Xmas pressie!) will be successfull, but I just think it's disgusting that ill people, and people on benefits generally, are being made to suffer as Tony tries to claw back cash he shouldn't have spent on issues that we were against in the UK...

[beatcascade]

Hi there

Although this may not be related to what you are discussing, its a point that may be of future use. The Incapacity Benefits offices will routinely kick people off incapacity benefit by removing all their points following independant medicals they require claimants to undergo.

My mother has been claiming incapacity for 2 years due to the fact she can not speak, is deaf in one ear and partially deaf in the other. She was awarded 15 points when she originally got her benefits paid.

Following this medical about a year in, they stopped her benefits and removed all her points. She was then forced to claim job seekers allowance.

She contact DIAL Doncaster who assisted her in the appeal and she was again awared all her original points back with back payment for lost benefits.

The DWP do this to encourage claimants to return to work. They know only a small % of those affected will appeal and win.

Beat !

[bathgatebuyer]

Not at the moment, but I did think about it last year. While unemployed last Summer, I put in all my payment protection forms to them for completion. Did they? yes, fairly quickly too. Unfortunately they totally messed up the information and instead of informing the insurance company that I was out of work for 3 and a half month, they filled it in saying I was unemployed for 3 days!!!

So, I had to get back in touch with them requesting it be filled in properly. Guess what? 2 months later and still nothing. Contacted my local MP and he got a response from the Manager in there, "We've lost all her forms.................... .can she send us new ones?" By this time, several months had passed from the date of claim, and by the time my previous employer and the Beneftis Agency completed the new forms and sent them off, I'd missed the submission date. Therefore, had to pay 3 months mortgage arrears, 3 months car arrears, and all my credit card payments too. Didn't qualify for any of my policy protections because of the the length of time those bampots took to fill in a form properly. Probably about £2k down because of them

I was unemployed again shortly thereafter and ended up having to sign on again. I had a few interviews in my first weeks on unemployment so didn't sign on immediately. They didn't accept my reasoning, "Dealing with you lot was so stressful last time that I ended up in hospital with a nervous breakdown that I tried to see if I could just get another job quickly this time" as being sufficiently good for singing on a fortnight later so they didn't pay me anything for the first little bit of unemployment!!!!

Dealing with the DWP is very stressful. In some cases you get the ones who try and help,"You're a Surveyor? Hmmmm, we'll put you forward for a job as a QS."

"I'm not a QS - I'm a different kind of surveyor"

"Yes but we need to put you forward for something for you to keep your benefits". (So humiliatingly, my CV goes forward to some QS's I've down work with in the past - they phone me up, "But you're not a QS.")

Or you get the other one that I knew as 'Jabba de flabba" as she seemed to sit behind her desk barking out orders to people. She once through my claim form on the floor in front of every one waiting in the queue saying, "Ah cannae process that until you fill in subsection 32 a, part 56". And then has the cheek to hide behind a sign saying, "We will not tolerate abuse of our staff" when I tell her to pick the form up as she, "...........appears to have dropped it".

And I quite agree on the payments issue - they paid my JSA into an account which was overdrawn and I lived on nothing for two weeks. I had told them about this, but still they persisted and sent it to an account I used a year before that. Embarassingly I had to live off handouts from friends for basics like food and milk - not to mention living off Lidl and their 'oout of date' bread handouts.

Thre aren't enough words to express the anger I feel for this organisation. Their blundering costs me over £2k, my sanity, my health and my shame. Even thinking about those faceless wonders who sit behind the desk acting like God on people's lives still makes me angry several months on.

It's a good thing I'm a calm person.

[sazz]

I have had some success since my last posing regarding the shambolic disgusting mess that is the DWP...

I won my appeal, mainly due to the fact that I sent a disclosure request to my doctor concerning my kidney failure and the meds I was on. I was down in the DWP records as having 'kidney stones'! A slight difference! I had all my benefits re-instated (which took them 2 months mind!) and I aslo had it back-dated.

As to the payments into the wrong bank account, I have a very firm paper trail backing up the fact they had a change of details on the phone, by fax, by letter no less than 7 TIMES!! I demanded that a 'Special Payments Compensation' claim was entered with the DWP Special Payments and DWP Viewpoint. I have since had both amounts of benefit repaid (into the correct account!) and am waiting on the compensation claim being decided.

I finally, after 3 months of trying, got an appointment with my MP, Gavin Strang, on Wednesday so I'll see how that goes. I am also taking a stack of info about CAG and my own personal account of the hell that is bank charges. I'll also be getting him to sign the early day motion mentioned in a previous post

I have also given the DWP 40 days for a full S.A.R - (Subject Access Request) disclosure on everything they have about me... HAHAHAHHA, make em work for a change!
Hey, if they can confuse kidney failure with kidney stones, who knows what else they have on file about me?

Again, I have to thank CAG and all members for making me sit up and not just take for granted what I'm told by the so called 'Big Boys'. It's time we stood up for ourselves in this country!

Moan the Squirrells!!!!

[JimTheGent]

@sazz

Congratulations for getting the big stick out and making sure it works. However, something needs to be done where a big message is sent to the DWP and they understand unemployed people are not subhuman species. They deserve respect and high quality service, accurate and prompt responses as well as a good level of empathy. They also need to understand that without unemployed people they would not have their cushy jobs.

Could you be kind enough to explain the "subject Access request" rules and also who is CAG?

@bathgarebuyer
I loved your post. It is a truly accurate relection of what happens on a daily basis. The menatality of these people is to do as little work as possible, be as obstructive as possible and stretch this out in as unco-operative a manner as possible - just because they can and in order to justify their existence.

I used to work in a jobcentre and I always tried to be understanding with people. This worked well because eventually claimants came to me for advice because I dealt with them as individuals and respected them for the people they were without any judgement or prejudice. It did however cause problems in the office because I had lines of people waiting to see me and other desks were empty, but they refused to see anyone else. I got "promoted" and seconded to another organisation where eventually I lost my job.

Ironically I had to sign on at the same jobcentre where I previously worked. But they would not give me another job and I am still trying to get a decent career back on track.

I am still interested in how to bring a case against the DWP and what the process would be, who is ultimately responsible and how to build the case.

I am also toying with the idea of setting up a web forum similar to Paypalsucks.com where people can post thier own horror stories about the DWP. Maybe it should be called DWPSUCKS.com and can be linked to this forum

[bathgatebuyer]

Originally Posted by sazz

I finally, after 3 months of trying, got an appointment with my MP, Gavin Strang, on Wednesday so I'll see how that goes. I am also taking a stack of info about CAG and my own personal account of the hell that is bank charges. I'll also be getting him to sign the early day motion mentioned in a previous post

Ooooooooh - he's my MP too!!! Perhaps I'll arrange a meeting too Make sure he knows that a few people in his constituency are actively taking on the Banks...............and winning!!!

[sazz]

Hi Guys

@Jim...
The subject access request was the same as one to the banks. I just changed the wording slightly and asked for access to all files and manual notes on my file held with DWP, Jobcentre Plus centres and related institutions.

Just in case the Data Protection At 1998 didn't cover everything I was asking for, (I explicitly asked for a copy of the Special Payments report about my claim), I headed the letter :
Subject Access Request under Data Protection Act 1998 and Freedom of Information (Scotland ) Act 2002.

As to who CAG are, your on it! Consumer Action Group! hehehhe I know, the abbreviations can be a bit weird until you've gotten used to them

@Bathgate...
Mr Strangs' office is slow at being speedy, shall we say, so make sure you get an appointment quick! If you're interested, his next surgery is on Friday 22nd September from 10am till 11am at St Augustines Church in Edinburgh. Feel free to chum me along!! Let's cause some legal hassle

[sazz]

And as to the DWP website, I'd be well up for helping any way I can

[souza123]

sorry to tell you this but my mother had a lot of problems when they sent her details to another claimant. this claimant attacked my mother, my brother the works. my mother spent 6 yrs and alot of money to solicitors taking them to court and never got a penny. personnally i wouldn't waste your time and money.

[ravenbluemoon]

Sorry if this is hi-jacking the thread a little, but I'm having a problem witht the DWP, who want £1500 of overpaid benefit back from 1999 :o .

I was wondering if the Statute of Limitations rules apply to Government Bodies, just in the same way as we can't claim unfair bank charges from more than 6 years ago?

I really don't understand why it has taken them so long to tell us about it.

Any advice would be appreciated, as I can't find anything useful on the interweb, and it can't really wait 'til Friday (I can get to the library and get the big legal books out) as they are now wanting to deduct the money from our weekly carer's benefit (£15 down per week)

Thanks

Raven

[beatcascade]

A friend of mine was also asked to repay benefits that were over paid to her in a similar timeframe, think hers was 8 years. As the debt is owed to the crown her solicitor advised that she was not immune from rapaying the debt and that she could be forced to repay via deductions from wages etc. Think hers was housing benefit for over £5000. Although I dont know this for certain.

[Rams75]

R e DWP

Sec of State for Work and Pensions is John Hutton

DWP - Ministers

Not employment and education (DFeS) - that is a different Dep't and doesn't do benefits

[DWP-MAKES-ME-SUICIDAL! :(]

HELLO EVERYONE
I am also having a nightmare with the DWP.How people stop themselves committing SUICIDE trying to deal with the bureaucracy I do not know.Yes I think it would be good to start a website or separate section on here to discuss peoples problems with THE DWP,I am sure there are Hundreds if not thousands of us wanting aa voice.More about my case later.ALL THE BEST to those with Problems with the DWP ,WE NEED ALL the support we can get!!!!!!!!!:confu sed:

[Weird Al Yankovic]

The DWP lost all my documents too and I had to reapply which meant I went without any money at all for almost 7 weeks!

It is impossible to get through to the crisis loan number so I applied by downloaded form.

There is a question that asks 'What crisis/danger do you think you will suffer that makes you apply for this loan?'

So I put 'Starvation.'

It was refused as 'not a significant health risk!!'