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TOPIC: DWP refuse to give date and reason for a decision

DWP refuse to give date and reason for a decision 9 years 5 months ago #20617

  • geisterbahn1
HELP!!!!! no body seems to know the answer.

My Daughters mam has reapplied for ESA after 8 months after the Atos test.The DWP rules say you can reapply after 6 months. Shes been waiting for over 2 months and has had no benefits and the eviction orders are written for the council house. She now has 3 months rent arrears.and had been living off child tax credit and family allowence and borrowing from prudential.

The decision maker has said no to a new claim for esa. and over the telephone the DWP have told her conflicting storys.

(1) You cant appeal the decision.

(2) You cant apply for JSA as your to sick to work.

(3) You cant reapply for esa as you dont qualify.

(4) You dont qualify for income support.

The DWP refuse to send her written confirmation of the date of the desion and the reason. We suppose they are trying to get round the 28 days to appeal clause. We where told on the 22 that the decision was disallowed and have asked for the written evidence. all she got back was a ESA new claim form.

On going to the walk in job centre she was told by an advisor that they have no means of connecting to the department that holds the paper work on the decision so cannot print it out. She does not know what the next move is as she is being lied to and mistreated by the DWP.

Has any one got any ideas on how to resolve this major problem. The council is threating to evict as the DWP have told them she recieves no benefits, and by default that you must have employment (ridiculous).

On the street with my Daughter who is doing her exams within 2 monthes unless the DWP reinstates my esa.

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Last edit: by Crazydiamond. Reason: Paragraphs inserted.

Re:DWP refuse to give date and reason for a decision 9 years 5 months ago #20645

geisterbahn1 wrote:

HELP!!!!! no body seems to know the answer.

My Daughters mam has reapplied for ESA after 8 months after the Atos test.The DWP rules say you can reapply after 6 months. Shes been waiting for over 2 months and has had no benefits and the eviction orders are written for the council house. She now has 3 months rent arrears.and had been living off child tax credit and family allowence and borrowing from prudential.

The decision maker has said no to a new claim for esa. and over the telephone the DWP have told her conflicting storys.

(1) You cant appeal the decision.

(2) You cant apply for JSA as your to sick to work.

(3) You cant reapply for esa as you dont qualify.

(4) You dont qualify for income support.

The DWP refuse to send her written confirmation of the date of the desion and the reason. We suppose they are trying to get round the 28 days to appeal clause. We where told on the 22 that the decision was disallowed and have asked for the written evidence. all she got back was a ESA new claim form.

On going to the walk in job centre she was told by an advisor that they have no means of connecting to the department that holds the paper work on the decision so cannot print it out. She does not know what the next move is as she is being lied to and mistreated by the DWP.

Has any one got any ideas on how to resolve this major problem. The council is threating to evict as the DWP have told them she recieves no benefits, and by default that you must have employment (ridiculous).

On the street with my Daughter who is doing her exams within 2 monthes unless the DWP reinstates my esa.


What the DWP is saying is fundamentally wrong.

If a new claim for benefit is made, in this case ESA, a formal decision must be given and conveyed to the claimant by letter. Any ESA decision must also carry the right of appeal.

As a claimant is entitled to a decision on a claim to benefit by law and also in most cases the right of appeal, the Customer Services Manager at the Jobcentreplus/Benefit Delivery office should be contacted, preferably in writing, requesting a decision letter confirming the ESA decision.

It may be also worth contacting the local MP, and as there is a threat of eviction, the local CAB should be approached for advice. A claim should also be made for a Crisis Loan immediately to prevent further hardship.

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

Re:DWP refuse to give date and reason for a decision 9 years 5 months ago #20675

  • geisterbahn1
:S Thanks for the repley crazy diamond.I agree with the repley.The trouble is when she has asked for the reason and date of the disallowment,the telephone advisor tells her .we will send it ,and all she gets is 1. her P45 and a new claim form for ESa, they have told her she dosnt qualify for JSA as she is sick .She has phoned again and they have put the telephone down ,for no reason, we think maybe theirs an internal message system telling the opoerator to FOB HER OFF AND FRUSTRATE HER.She went to the council financial division and they told her.appeal against the disallowment then apply for reduced JSA on the basis that your sick. she went to the walk in job centre and they told her she coundnt see an advisor and had to apply over the telephone, the telephone DWP told her she cant apply for JSA at a reduced rate as theirs no such think. she asked for a written statement and appeal form against the descion maker and she GOT HER p45 BACK WITH INFORM US OF YOUR NEW EMPLOYER STATEMENT. IN THE MEANWHILE THE CHILD SUPPORT AGENCY ARE GOING TO STOP HER 50 POUNDS AWEEK which she is living on because the DWP have internally informed them that she receives no benefits ans is by defaukt in employment.they also want the back money from the 19th of march 2010 when the new claim went in.She applied for a crisis lone and they have told her they have no money in the pot and are leanding to urgent cases only (ridiculous) sheand my daughter will be homeless in 1 month or 2 as she canr work and cant claim esa because the atos as said she can work.Im in the process of having to buy a second hand caravan and arrange aplot on the local site as a safty measure for the eviction (I live in Spain and have had to fly back to help them as I cant exactley ignore their plight.whats going on is the DWP acting illigally by refusing to send her confirmation.she has went and got her appeal booklet from the job centre but the appael cant be processed unless you fill out the date of the decision and the reason .the dwp wont supply it .its ludicrous.!

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Re:DWP refuse to give date and reason for a decision 9 years 5 months ago #20676

Hi,

I'm afraid this really is beyond the scope of this forum to help with.

The DWP are clearly behaving unlawfully as well as talking nonsense. As CD says, you need to get advice.

You need to telephone your MPs office and insist on getting an appointment to go in and see one of your MPs office staff as a matter of urgency. In addition, if your daughter is being threatened with eviction find out if Shelter or any other housing advice agency has an office she can visit. Also look for a local advice agency or law centre who may be able to help.

Good luck,

Steve

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

Re:DWP refuse to give date and reason for a decision 9 years 5 months ago #20721

  • geisterbahn1
Thanks for th3e repley Steve. We have considered that (contact our MP) Its My daughters Mother who The DWP are Messing around.

My Daughter is just as much a victim as her Mam. What are the DWP actually trying to achieve! mass homelessness. Caroline Flint before her demise, said if you dont work we will take your council house off you !! fact. Now we are getting into their hidden agenda.

Simple question. The ESA guidlines state you can reapply after 6 months of dissallowment or at once if your condition worsens. She had the ESA stopped on the 19th of march 2010 by a Tribunal (descriptors) the judgement was given only by 2 people.(is that legal) also the atos test was 8 months before the tribunal. The DWP have said partly that the decision maker said her condition dosnt look like its worsened.

Can she reapply after the 8 months for esa when the condition has remained about the same as the atos test. Its just a difficult navigational system. Do you have stock answers to give for the reasons given by the DWP ie the reason is, ie your condition has not worsened.(whats the right answer to this on an appeal form).

She phoned yesterday and told them she was going to her MP ,the dwp told her we will send out the written decision and the date today, and you will have it by Thursday.

Well we hope so. :angry:

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Last edit: by Crazydiamond. Reason: Paragraphs inserted.
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