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Sudden Benefit Review Interview

  • Dee
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9 years 10 months ago #122983 by Dee
Sudden Benefit Review Interview was created by Dee
Hello Everyone,
I am new to the forum and hoping that you can offer some advice with this:
My sister was migrated into the ESA support group last year
we know from her WCA report that she was awarded 18 months in the SG, so her next medical assessment is due in Aug, which we have of course, like everybody else, been hoping will now be deferred.
Now, out of the blue, she has received a letter from the local job centre requesting that she attend for a 'benefit review interview' next week.

I have read all the posts relating to compliance interviews and am now wondering whether this is one. If it were a compliance interview would it necessarily be named as such on the letter, or is a 'benefit review' something different?
It is simply addressed from the ESA section.
The letter gives little other info as to what the interview may be about beyond the standard "this interview has been arranged to ensure you are claiming the right benefit" adding ominously "when you claimed benefit you agreed to tell us immediately if your circumstances changed" ( her circumstances have not changed !)
They have however asked to see any bank statements/financial docs etc.
Am I entitled to ring and ask what the interview is in connection with,and are they likely to give me any info over the phone, given that it is me that will be contacting them and not her?
Which brings me to the next question-

She is in the support group because she has PTSD, anxiety disorder ( and is bi polar) and got through the WCA on paper evidence alone. This included a letter from her doctor explaining that her disability includes a social phobia and therefore any social contact/ interview- type situations etc will exacerbate her medical condition.
I am therefore wondering whether she has to attend the job centre at all, given that she was deemed too unwell to attend the actual medical.
I don't know how much info the job centre staff have about her medical condition.
Now to the crux of the matter:
She won't be able to attend the interview alone and I am the only person who is able to accompany her ( other relatives now living 200 miles away) but I am off on holiday now, so not only can I not make the interview next week, but I won't be able to arrange a further appointment until 10 days beyond that at the earliest.
The letter does ask you to phone if you are unable to keep the appointment but
I am wondering what the DWPs position is on re-arranging appointments etc.

If you cannot attend an appointment are they legally required to send you another before taking any punitive action? And does the re-arranged appointment need to be within a specified time?
Can they impose sanctions on those in the support group?
She is terrified they will just terminate all her benefit immediately if she does not attend.

They have requested that she bring any bank statements etc, which they obviously want to check, but I was wondering if we could post the copies to them as she is concerned about appearing un-cooperative.
I am really unsure how to approach the DWP when I ring them and
I would be really grateful for any advice you could offer.




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9 years 10 months ago - 9 years 10 months ago #122985 by Gordon
Replied by Gordon on topic Sudden Benefit Review Interview
Dee

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work




This sounds like a Compliance interview, it may have been generated at random, something has been flagged electronically e.g. undeclared bank account, or it may have come from the fraud line, none of these mean that there is necessarily an issue, the DWP gets it wrong a lot of the time.

If your are not your sisters Appointee, you cannot act on her behalf without her confirming your authority in advance.

I would start by contacting the JC+ about the interview, there should be a contact name and number on the letter, you will need to do this with your sister as she will need to authorise you to take over the phone call.

I am afraid it is entirely at the discretion of the JC+ advisor whether they will defer the interview until you are available to accompany your sister. I would start by asking for a home visit, assuming that this will be easier for your sister, failing that ask for it to be deferred until you are available to attend at their offices.

If they refuse to defer then there is little that you can do in the short term with the JC+. I would immediately contact your sisters MP and explain the situation, I would also be tempted to make a complaint to the DWP on the basis that have not made adequate adjustment in regard to your sisters conditions.

Contacting your MP

Complaining to the DWP

I am afraid that if the appointment is not deferred and she does not attend then the most likely result is that her ESA payments will be suspended, she can apply for Hardship Payments, but this will require her to interact with the JC+ staff so may have to wait until you are available.

If we can help you more,. please reply to this post.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 9 years 10 months ago by Gordon.
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  • Dee
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9 years 10 months ago #122987 by Dee
Replied by Dee on topic Sudden Benefit Review Interview
Thanks for that Gordon.
We shall have to try to telephone the DWP together as you suggest.
When we do telephone the job centre are they likely to tell us whether it is a compliance interview or not?
Having read all the posts on compliance interviews I am aware that there is also something called a interview under caution.
The last thing either of us want is to get there and discover it is one of these.

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9 years 10 months ago #122989 by Gordon
Replied by Gordon on topic Sudden Benefit Review Interview

Dee wrote: Thanks for that Gordon.
We shall have to try to telephone the DWP together as you suggest.
When we do telephone the job centre are they likely to tell us whether it is a compliance interview or not?
Having read all the posts on compliance interviews I am aware that there is also something called a interview under caution.
The last thing either of us want is to get there and discover it is one of these.


Yes, they should be able to tell you the cause of the interview.

Unless it says Interview Under Caution on the letter, then it won't be one of these, you have to be notified ion advance of these as you are entitled to legal representation.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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9 years 10 months ago #122996 by summertrain
Replied by summertrain on topic Sudden Benefit Review Interview
I have been wondering as the majority of ESA re rererrals have now been suspended that there is a new tactic to get people of ESA using the compliance interview. I did think this reading the recent news article on this site, News story

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9 years 10 months ago #122999 by Gordon
Replied by Gordon on topic Sudden Benefit Review Interview

summertrain wrote: I have been wondering as the majority of ESA re rererrals have now been suspended that there is a new tactic to get people of ESA using the compliance interview. I did think this reading the recent news article on this site, News story


Compliance interviews and visits are not new, they have been in place for years, although they appear to have been used little in the last couple of years. This Government has for sometime banged on about the level of fraud in the system even though the rate have not changed significantly since they came to power, this is all about being seen to be routing out those not entitled to even though they miss their target on the majority of occasions.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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