DWP Interview Under Caution

[sinkinghelp]

Hello and thanks to alll have replied - you have your opinions

 

I today have received a document the first from the DWP since the Interview Under Caution on the 22nd of December 2011.

The form is an LT 54

It says Decision about your claim see attatched.

The other LT54 then says effect on Benefit - Decreased

Effect on overpayment recoverability none of the boxes are marked

Details of the decision

Short narrative in which they have my name wrong and then go on to quote the law regarding pensions

In short they state that from 14/11/2007 I had a combined weekly pension and this gives figures up to the 8th of the May 2011 and then stops

 

I am going to submit a GL24 and ask for an explanation as I simply do not understand what they have sent me

I do not understand why the list stops on the 8th of May 2011

 

In fact I am even more confused !

 

regarding the SAR request they included my wifes details my sons detail and my daughters details despite them being over 21 years of age

 

For the doubters I did tell them about both pensions in 2007 and I was told to disregard the old pension from 1987

 

thanks to the support it does mean a great deal

 

regards

 

sinkinghelp

[sinkinghelp]

Hello folks

 

reference my last post I seem to be missing a page two which perhaps explains why it stops short. I will on Monday when post office opens send by recorded delivery a form GL24 asking where it is and also a statement of reasons as to how they achieved these figures

 

Does this issue of an LT54 mean they now intend to issue court proceedings ?

 

Its just a world of lets give them no information so they suffer more mental anguish

 

regards

 

sinkinghelp

[sinkinghelp]

Hello folks

 

Reference my previous post - does anyone know the LT 54 and what the second page information is likely to contain please ?

 

Is this form the prelude to court ?

 

Any information gratefully received please

 

regards

 

sinkinghelp

[jabba jones]

An LT54 is the actual decision on your claim.

 

It should include the period that has been looked at, what the original award was & what the new decision is, including any dates of disallowance, any dates that have been allowed & in your case any dates that have been partially allowed.

 

There then should be some legal jargon that will list the laws that have been used.

 

There are no set amount of pages for an LT54 it just depends on how long/complicated the decision is. Some can go on for pages & pages if there are lots of dates & rates.

 

A copy of the LT54 will have also been sent to the Debt Centre who will now calculate any overpayment that has been created by the new revised decision. This should be the next letter you will receive.

 

After the OP has been calculated your file will be returned to the Fraud section who will decide what action to take next. This can take a few months.

[sinkinghelp]

Hello jabba jones

 

Thanks for the reply. Looking at the page numbers its says page one of two but no page two. I phoned them today and asked for a page two and the woman said I have to request a copy in writing. I tried to explain that I had only received page one of two but she just kept telling me to write in so just as well I have posted a GL24 in asking for page two and a statment of reasons

 

The council are obviously busy at work as well as they have sent me a revised council tax and housing benefit form for last August and on the bit at the top where it says reason for calculation it states clearly .....a mistake has been corrected and they issued a zero demand for August 2011

 

Its a bit like the letter I got from DWP saying that I had repaid my social fund loan then another letter saying I still owed £14.00

 

Its all very confusing

 

thanks again for the reply I am not looking forward to page two then !!!

 

 

regards

 

sinkinghelp

[sinkinghelp]

Dear All

 

One important point I have just realised is that on the page one of the form LT54 they have calculated back beyond to 2007 which is before my bankruptcy in 2008

 

I have read the earlier post regarding the stated case regarding bankruptcy and overpayment collection

 

So it does look like they are ignoring this bankruptcy and are attempting to go down the complete fraud route but until I get the page two that is missing I will not know

 

regards

 

Nick

[sinkinghelp]

Hi folks

 

Still waiting for page two of the LT54 and the rest of the information. I have phoned as I said before and also submitted a GL 24 asking for page 2 and a statement of reasons. I have also phoned again and this time got a member of DWP staff who said they would send a page two copy out but it hasnt arrived.

 

The council have not responded to any of my letters and have not accepted or acted upon my Appeal Letter but instead have sent me a demand for rent arrears by not paying full rent from the 24th of December 2011 until now 24th of January 2012. I have maintained a regular payment each week twice the rate of what we were paying prior to all this taking place at the beginning of November 2011

 

I am now going to write to my local MP and ask him to forward my Appeal Letter to the Ombudsman responsible for my council

 

It took DWP 6 days to re calculate benefit but the council have no intention of behaving likewise

 

As and when I get any more information I will update you all

 

kind regards

 

sinkinghelp

[sadone]

Sorry to hear this is all still dragging on with the council. Trust local authorities to make things even harder to sort out. Sounds like writing to your MP will be the only option left to you sadly.

[sinkinghelp]

Hello folks

 

Just as I finished typing this I have had the postman arrive and a letter from DWP. The manages states that the LT54 is from the decision maker and the 1st page of the document was only sent out to help me understand how the re calculation has been carried out and therefore I do not need the missing page 2 as its not normally sent out.

 

Confused - I am reallly confused. If its not normally sent out why send only part of it - it just compounds the stress

 

 

regards

 

sinkinghelp

[sinkinghelp]

Hello sadone

 

Thanks for the reply

 

I have also received a letter from a different council letter putting my rent up to £82.99 a week plus £20.90 heating charge per week.

 

They also remind me that as my benefits are suspended I have to pay in full the required rental !!!!!

 

 

regards

 

 

sinkinghelp

[sadone]

OMG It just goes from bad to worse doesn't it. I think your council has behaved appallingly through all this so far, and so I think an urgent letter to your MP should be sent asap, and try and get to see him as well. Then you can really explain whats been going on her.

[jabba jones]

Hi folks

 

The council have not responded to any of my letters and have not accepted or acted upon my Appeal Letter.

 

I am now going to write to my local MP and ask him to forward my Appeal Letter to the Ombudsman responsible for my council

 

Your Housing Benefit has not been disallowed. It has been suspended pending the DWP decision. I presume the council have not acted on your appeal because there is no decision to appeal against at the moment.

 

Hopefully by now the DWP fraud investigator will have passed the (full) LT54 onto the council investigator & decision will be made shortly. Then you can appeal & HB can be recalculated. If you have not already done so you will probably have to provide them with evidence of your revised IB award.

[sinkinghelp]

Hello jabba jones

 

The council were made aware in November 2011 what my new rates are because I gave them the DWP letters to photocopy and give me back. This they did. So since the middle of November 2011 the council have been fully aware of pension and DWP benefit.

 

So the council could have quite easily re calculated from November what the new rate would be and then if the DWP do proceed to court that could be a different matter. This is what the DWP have done

 

All the council are doing is creating mega distress and upset which from horror stories locally is their normal way of dealing with matters like this

 

Abuse of due process really but what can you do - nothing

 

They even state on their web site that they give themselves 10 days to recalculate any under or over payment - the overriding factor I suppose they dont say which 10 days in which month

 

 

thanks for the reply

 

regards

 

sinkinghelp

[jabba jones]

They even state on their web site that they give themselves 10 days to recalculate any under or over payment - the overriding factor I suppose they dont say which 10 days in which month

 

That will 10 days from when they receive all the information required to make a decision / calculate an overpayment. In this case it appears they are digging their heals in (I've no idea if this is correct LA procedure or not) so it will be 10 days from when they receive the LT54 from the DWP & that's entirely down to the investigator noticing the decision has been done & passing a copy onto the council investigator.

 

Give the DWP investigator a ring & check to see if they've done it yet explaining that your HB is currently suspended pending receipt.

[sinkinghelp]

Hello jabba jones

 

I have telephoned the investigator today who said he could not discuss the matter and I have to wait for the postal notification. He could not comment at al on the the action of the council but I knew that but he was very suprised that they had not recalculated back in November 2011 when the DWP did as the council would have received regular updates from DWP liason team

 

So back to the long wait

 

regards

 

sinkinghelp

[sinkinghelp]

Dear All

 

I have today received the complete document LT 54 no missing bits and also no letter or note just the form.

 

This is despite receiving a letter stating quite clearly that the complete LT54 is a Decision Maker document and is not normaly sent out. If you recall they sent me page 1 but not page 2

 

It states that the matter has now gone to CRT Merthyr for overpayment calculation and makes note that they have no trace of any conversation or advice given to me over this matter

 

So does anyone know what CRT Merthyr are or do and any suggestion what happens next please

 

 

regards

 

 

sinkinghelp

[jabba jones]

CRT calculate the overpayment. It stands for something like Credit Review Team - that might be wrong but as everything in the DWP is abbreviated its hard to remember what things originally stood for sometimes! - They are part of the debt centre.

They will send you an overpayment letter shortly.

[sinkinghelp]

Hello jabba jones

 

Thanks for the reply. It is quite clear if I follow what is written on the LT54 that they dont believe I have been telling the truth and I must consider they are going for the big stick - court

 

Once I get the letter from the CRT can I appeal it or is it a case of going along to the court and the process runs on

 

It is like a big rock rolling downhill it just gets bigger and bigger and wont stop

 

regards

 

sinkinghelp

[sinkinghelp]

Hello folks

 

Following receiving the full LT54 document from the DWP after I submitted the GL24 I have today received a letter asking me if I would like to submit further information in relation to the superceeded Incapacit Benefit Claim award made

 

Now is this a way of DWP trying to harvest more information from me or is it a genuine request to see if they have really made an error which is what I have been saying all along

 

Or am I just dreaming that they are interested at all

 

Are there any templates anywhere I can have a read in order to put my case for the Appeal in a correct format

 

 

 

regards

 

sinkinghelp

[sinkinghelp]

Hi folks

 

I am today submitting more information as requested by DWP in support of my GL 24 appeal against the recalculation of Incapacity Benefit

 

I am also submitting information to the local council Ombudsman on their appropiate claim form as the local council will not answer my mail or appeal and keep demanding full council tax and full rent despite being told by me and the CAB they are wrong ! and need to re calculate

 

I have also received a PM from an investigative reporter from Channel 4 but I have declined as I have enough grief at the moment without the additional stress that this would cause

 

kind regards

 

sinkinghelp

[sinkinghelp]

Hello folks

 

I am really confused.

 

I appealed on a GL24 and submitted to my local jobcentre dealing with my claim as directed. I have today received from Canolfanbydgwaith Job Centre Plus two letters

 

One letter dealing with Income Support

One letter dealing with Incapacity Benefit

 

Both letters list the amounts of alleged overpayment

 

Neither letter makes any reference to my previous GL24 what so ever and invites me again to submit a GL24 and other instructions

 

So looks like I have to submit GL 24's again for both letters !!!!!!!!!!!!!!!!!

 

No letter telling me what they intend to do just one line which states

 

" As a consequence you will be shortly notified of the details "

 

What details - they have sent me an LT54 complete with all the details - they have sent me a rain forest worth of letters listing the alleged overpayment

 

So its back to waiting for the postman again then

 

regards

 

sinkinghelp

[sinkinghelp]

Hi Folks

 

Missed from the above the amount of Income Support and Incapacity Benefit alleged to have been overpaid is just over £3,000 intotal from Nov 2007 until November 2011

 

So I will have to wait and see which way they intend to go or accept my defence they have been in error

 

 

regards

 

sinkinghelp

[sinkinghelp]

Hello folks

 

Still no response from DWP

 

But the council since I involved the Ombudsman have gone into overdrive. From no response I have had three council tax demands all different. One of which was for a property we moved out of into council property

 

They have also sent me a benefits decision notice which shows what I am paying from the 1st of April 2012 which the amount seems correct but when I asked why wasnt this issued in November 2011 the lady replied what decision notice ? your account is still suspended she would not accept I had received a decision notice so I have forwarded that as well onto the Ombudsman

 

what a total administrative mess !

 

regards

 

sinkinghelp

[sinkinghelp]

Hi folks

 

Well it arrived today from the DWP CORBY Debt centre. A demand for £11,284.50

I have telephoned them up for an explanation on how they have achieved that figure. I have also submitted another GL24 with supporting information

 

My Council have begun to correspond with me after 5 months of blaming the DWP stating they could not. Strange how they could once the Ombudsman was involved

 

So will have to see if they believe the GL24 or its off to Crown Court I am told on that amount - plus of course that does not include what the council want

 

I am running out of options and ideas

 

 

thanks for the supportive comments along the way

 

kind regards

 

sinkinghelp

[sinkinghelp]

Hi folks

 

Just a thought but I should hopefully get legal aid for Crown Court or has that been stopped as well. I have not had a solicitor so far as I cant afford one and legal aid I was told unavailable

 

CAB sadly have been not very good at all and the welfare rights centre we have only opens a day and a half a week and the other three days so the list is long and gets longer waiting to see anyone

 

I think they may also now review my DLA its par for the course the fire is on lets stoke up the pressure....well I ant pleading guilty to something I am not guilty of no matter what they do

 

regards

 

sinkinghelp