Compliance Review

Hi Gordon, team and anyone else this may help,

firstly I have been a member of Benefits & Work for a number of years and I cannot tell you how wonderful it has been for me so thank you from the bottom of my heart. You have helped me fight all my DWP battles!

This site has helped me with my claim for ESA & PIP I have various problems due to receiving radiation treatment over 30 years ago. The HP wrote many lies about me on her assessment report even got the name of my cancer wrong. I was so ill at the time of refusal I decided to just let it go but then 2 years later I was an emergency admission in hospital for 14 days bleeding heavily from the bladder which was becoming life threatening until it just stopped out of the blue. Now I was determined to fight for my entitlement and started the long hard process to take the DWP to task. As time had lapsed since my failed assessment and all the info you get says there is a time scale for complaints I didn’t hold out much hope but I fought hard to get back what was rightfully mine.

Let battle commence!

Having help from here & my partner of 43 years we challenged everything and we came across many, many horrible people from many different benefit offices around the country. In the end we told each person that we were recording them and that anybody and everybody that mistreated us would be held accountable in a court of law. Sad to say but we were treated so much better after this threat, it was almost a year long fight and in the end we had lots of apologies on the phone and also a written one blaming a computer error! Ooops could that be another lie I wonder? Ha! I received a hefty figure back dated to the time of my ESA claim. I was self employed, own a shop and had paid my NI’s so I went on Contributory ESA and into the Support Group.

Decided I was eligible to claim PIP so set off on this path again with your help and more confidence. Guess what? More lies off HP even said I had done all the exercises on the bed when there was not a bed in the room! Unbelievable! No wonder they didn’t want you to record.

Let another battle commence!

Report showed 4 points for Daily Living and 4 points for Mobility so failed. Eventually decided to go to tribunal and I know all the advice is not to opt for a paper tribunal but as I am always judged on the way I look I considered appearing to be detrimental to me. I can’t get people to believe how I suffer because I look so well, I’m dignified and even in hospital I would put my makeup on so as not to worry my family I do the same when I visit the doctor. I have had abuse when parking in a disabled spot, we should never judge a book by the cover. With determination I started studying and writing and sending anything I could to the court, I wrote a very lengthy description of all my problems and pointed out on nearly all the descriptors why in my view the assessment was wrong and what points I should have achieved. The tribunal wrote to me and asked for permission for my medical records which I gave not long after that they and the Secretary of State accepted the paper tribunal as in their words it was very weighty and detailed.
Good news came and from 8 points I went to 27. I was elated but also shattered and so upset at the way I was made to feel and the injustice of it all. I am so sad for people who don’t have the help and support I have it really is like trying to get blood out of a stone ......so many barriers.

Well next!

This is where I hope you can help me once again as I can’t find anything on it. I was sent a letter on 12th Feb 19 bottom right corner says FESL2Tv2. ‘We’re reviewing your benefits and circumstances’ States ‘I must be available or your benefits will stop’ Bring proof of who you are plus all my savings ISA’s, Personal Equity Plans, Bank, Bul Soc, Statement from any Pension Provider, PO Accounts details on any properties, really everything I have plus they want the same info from my partner.

As I have toilet problems my partner went to the Jobentre to see the lay of the land as we always have to do, we discovered no toilet for me to use.....panic! Phoned them and told them this and she didn’t know what to do said they don’t do home visits we suggested another office, she had to seek advice. Call back said can do phone interview which I have just had. During this interview they are asking have my circumstances changed to which I reply ‘no’ she asks me all about the shop how long I’d had it and any income from it told her my accountant does this for me and will be on my self assessment form to Inland Revenue. She said she knows this as she has the details in front of her and she knows I have a shop and that I should have declared this and any income I have on the forms. Told her shop is mine in name only as my partner and my sister run it now since I can no longer work there and they are paid from the business. She also asked do we own our property I asked was this relevant as my benefits are not means tested. She said she has the right as she is a Compliance Officer and I am getting paid by the DWP. All in all it just seems very odd according to what I can find online I have done everything correct but she is making me feel like I am being investigated, when I asked am I in trouble for something I’m so confused she said it’s not up to her it’s up to the decision maker to decide. To which I replied I have been truthful about everything and answered every question I’ve been asked I have never been asked these questions before about my finances. She said I would have been but couldn’t point me in the direction of which form that would be on. We asked her what law gave her the right to ask these questions, there was a long pause and she couldn’t answer she says she will write to me and after they have gathered all the information on the shop they will make a decision, I asked her to write in the letter which forms they are suggesting I have not informed them correctly of my circumstances. She did say it’s not serious and not to worry...ha!

Do you know if I have to answer any questions they may ask about my shop and my finances considering I am on cESA and in the Support Group and why are they doing this? Are they just gathering information for the government if I don’t have to give out this info I don’t wish to but if by law I have to then I have no problem declaring everything I have.

Please can you help if you know anything about this.

Kind regards,

Twinkle

Hi Gordon,

thank you for your quick reply it’s very appreciated.

I am sure I am on cESA the lady from the job centre confirmed this yesterday does it sound like there’s a mistake somewhere as you seem unsure that I can be on this?

My award states

Ltd capability for work addition £73.10
Extra money because you are in the support group £37.65
Which gives a total income related amount £110.75

Income and Benefits
No income will be taken off your ESA
Your income related amount is £110.75 less £0.00 so you would have been entitled to £110.75
However because you are entitled to contribution based ESA we will pay you £110.75

I’m confused as to why they are asking me about my finances, if I own my house etc and why it is considered reasonable to be so intrusive if I am claiming a non means tested benefit which comes from paying NI for over 40 years. She has hinted that I have not told them of a change of circumstances and I should have told them about having a shop but I know I would have told them if it had been a requirement or a document had been sent to me asking these questions. My circumstances have not changed since receiving ESA & PIP.

As I have said if it is mandatory I have no problem but I can’t get them to quote the law which states this so I am wondering if I can refuse. I know Universal Credit is being rolled out in my area so been thinking is this something to do with it.

Hope I can get to the bottom of it, I am so drained by them all at the DWP it seems to have hung over me for years the treatment from them is just awful. They are the ones who are evasive and dishonest, they have too much pressure in getting as many people sanctioned as possible I think it’s all to do with reaching the target for the week and keeping their own jobs and they don’t care how they go about it.

I would be grateful of any advice or knowledge.

Many thanks,

Twinkle.

Many thanks Gordon,

No nothing only my DWP benefits I don’t have any pensions.

Twinkle