Industrial injuries benifit (work related Ashtma)

interstellaflyer

I was made redundant at the end of last year 2008, we took the opportunity to move 200 miles to live with and look after my elderly farther. On my jobseekers allowance interview I told them that I had Asthma due to a work related incident (exposure to Toluline Di-isocyante fumes due to faulty extraction back in 1998) I was told by the advisor that I should be claiming the above benefit, I had never even heard of it.

Rewind to 2003 I was made redundant and fast tracked onto a retraining course (Business Admin and IT) because I told them of my health problems and the cause, in fact I had to give them details about the legal action I took out against the company and won. No advisor from that Jobcentre Plus at this time advised me that there was the above benefit available and i should be claiming it.

So back to now, in January this year I completed the form for the above benefit only to have my claim refused because it was over 10 years since the incident, 2 weeks over in fact, appealing against this decision is pointless as the 10 year thing is final and there is no chance of appeal on these grounds, I wrote to my local MP and he put the case to the DWP special payments department. I received a letter from the special payments department refusing payment because there was insufficient evidence that I informed the jobcentre of my health problems, this was of course rubbish, so I rang the special payments department and spoke to the guy who made the decision, he told me that there was no mention what so ever of any health issues in the files that the jobcentre sent him, he even admitted that had the information I told him been in the files he would certainly have approved a special payment. I rang the jobcentre in question, got the usual past from pillar to post thing and then got told they have no files on me as they destroy them after 18 months, someone is lying here, the special payments department say the jobcentre sent them files, the jobcentre say all the files were destroyed.

I have written back to my MP with all the information but have yet to hear anything, is there any other options, I find it to damn convenient covering up a mistake and getting out of paying up by saying all the information has been destroyed, this includes any bills they got from the college where I did my coarse.

zappster1966

The onus is on you to make enquiries about what benefits you're entitled to and to claim at the time. What was said when you were giving this information back in 2003 ?

Remember, in 2003 the Job Centre Plus network hadn't been established. Job Centres only dealt with Jobseeker's Allowance ; just about everything else was dealt with by the Social Security Offices or HMRC. So you're on a sticky wicket trying to blame the Job Centre when they didn't even administer that benefit anyway.

And most DWP paperwork is destroyed after 18 months, like you say.

The Job Centres generally don't hold their own paperwork nowadays. Most is sent to a central location for filing. And there it's an industrial operation simply because of the volume of mail they receive each day. Files are ruthlessly weeded of old forms, they're shredded & sent to be burned. That being said, some older forms do slip through the net. In the last week I've seen some Supplementary Benefit documents which dated back to 1984, they'd been tucked at the back of a very old Income Support file. I'd have hoped the officers dealing with your case had checked thoroughly.

They need some kind of evidence in order to make a special payment. In your case there's nothing, apart from your word on it. And that isn't good enough, unfortunately.

I don't know where you go with this now. I suspect you're at the end of the line.

interstellaflyer

"The onus is on you to make enquiries about what benefits you're entitled to and to claim at the time. What was said when you were giving this information back in 2003 ?"


I made them fully aware of my medical condition and what had caused it, I even had to supply details of my case against the company, that is why I was fast tracked onto a re-training coarse. They must have invoices from the college with my details on them, private companies are legaly obliged to keep such records of purchase and sales invoices for 7 years, why should the Jobcentre be treated any different and I find it too convienent to say the records have been destroyed when it's not in their favour, you can bet the reverse isn't the case, I'm sure if you made a fraudulant claim that long ago they woulkd easily find the records.

Allthough I hear what you are saying, I don't by this onus on the claimant thing, when you apply for a benefit such as JSA you have to see an advisor, it would be fair to assume that the advisor is properly trained and has a duty to tell you exactly what you are entitled too, after all they are supposedly the professionals, in my case the advice given was completely inadequate, they never even advised me on council tax, no form was given to me, neither was I told I needed to get a form to claim council tax, this cost me over £300 as the local council would not backdate my claim, I had never been on benefits in my life so I didn't know the system band this is where the whole thging stinks, those of use that have worked all our lives (I'm 47) get sod all help where as those who leach of society get benefits thrown at them.

NASA_2

Actually, so long as you arent misadvised, then the DWP have done nothing wrong IMO.

interstellaflyer

ESA wrote: »

Actually, so long as you arent misadvised, then the DWP have done nothing wrong IMO.

I would say I was misadvised.

NASA_2

interstellaflyer wrote: »

I would say I was misadvised.

You said they didnt give you information - not that they gave you wrong information.

AsknAnswer

Jobcentre advisors are not there to tell you what benefits you are or aren't entitled to. They are there to provide advise on the benefit you are claiming or have an interest in claiming. Each advisor is trained in providing general advice in one area, and is geared towards proving advice for getting people back into work. A JSA Advisor is trained solely in JSA. A lone parent advisor is there to advise lone parents on Income Support, and the training opportunities available to them. A New Deal advisor oversees New deal claimants.

There is no such thing as an advisor for disability related benefits in a public facing jobcentre. If you expressed an interest in claiming a disability related benefit, or anything processed by the Pension Service or the Social Fund, you would simply be given the contact details of the appropriate office which administers the benefit so that you could discuss it with someone who IS trained to give advice on the benefits. That is what happened back then and that is still what happens today.

Unless you specifically asked if there was a benefit you could claim as a result of your injury, I can't see the issue.

If someone informs the pension service of a claimant who has died, it is not the responsibility of the Pension Service to check if the informant of the death would be eligible for bereavement related benefits; they are not trained to do so. Each individual person must take responsibility for themselves.

In regard to Council Tax, why would you expect the Jobcentre to advice you on that? Jobcentre is DWP, Council Tax is dealt with by the local authority. Totally different departments.

It's like going into a TV store and asking for advice what carpet washer to buy, and asking about the on the wiring of electrics in a carpet washer. They sell electrics, they don't manufature them, and they aren't qualified to give you advice on the inner workings of someone else's product. If they don't know the answer, they will try and refer you to a store who does. But unless you enquire about it, how do they know you want to buy a carpet washer? You're in a TV shop, they will assume you want to purchase a TV, even if you do talk in detail about your carpets. If there is someone in the store who happens to know a thing or two about carpet washers and introduces you to them, it's a bonus.

You're in a jobcentre, they will assume you wish to claim benefits they can advise on until you can get back to work. If someone knows there is an additional benefit that they don't actually deal with there, that you could be claiming, that's a bonus. But it isn't a requirement. The requriement is to know about benefits that they are qualified to give advice on.

Thriftylad

Take ur case to appeal and see if they accept your arguments.

When did you call up to order the claim form for IIDB? Maybe they would accept this as being the date from which you intended to claim from.

If you dont believe them about the record keeping, send a Subject Access Request to them under the Data Protection Act and see what comes back.

Get an appeal lodged asap though is the only way of keeping the claim alive given that you are over the 10yr time limit. You will have to explain in your appeal why you are lodging it late and explain that you think it 'has reasonable prospects of success'. While you are waiting for a date for your appeal hearing your documents from DWP should turn up and you will then have more idea if you have a case or not.