Income Support - Backdated Payments

tsimehC

I called the benefit office on behalf of my father who is paralysed and has speech impairment due to a stroke he suffered. His IS was stopped because we had to renew his DLA claim this year. He didn't know because he needs someone to take him to the bank and this occurs every month or so. Last month has been hectic and I only just got time off work to take him to the bank. I noticed payments of DLA were in payment but IS wasn't from about 5 weeks or so.

After the call, I was told the following:

- To make a written appeal to the processing centre to explain why my father did not realise he was missing payments.
- Customers are not told when their money is stopped.
- The adviser on the phone could not give a definite answer if the claim continues, why is this?

I currently work in the DWP myself but not in this department so I cannot understand why the processing centre did not inform my father that the claim had been stopped. The DLA increase by £15 or so, was this where the problem lied? I thought these amounts are already known to the DWP as they give them out in the first place?

The written appeal will need to be dealt with a solicitor I suppose.

Any advice is much appreciated.

Benefits_Bod

tsimehC wrote: »

After the call, I was told the following:

- To make a written appeal to the processing centre to explain why my father did not realise he was missing payments.
- Customers are not told when their money is stopped.
- The adviser on the phone could not give a definite answer if the claim continues, why is this?

I currently work in the DWP myself ...

The written appeal will need to be dealt with a solicitor I suppose.

Firstly, no need to involve a solicitor with a normal, "every-day" appeal. That will be a very expensive way of getting advice. Further, not too many solicitors understand social security benefits, nor the associated appeal nechanism (although there are exceptions).

There is nothing wrong in you writing the appeal on behalf of your father, but it must be signed by him. Find the most recent Income Support notification letter and send the appeal to the address on that letter. If you post it, send it recorded delivery. If by hand to a DWP office, get a receipt - signed and dated.

What do you appeal against? That's tricky. I would make it a two-pronged attack; a formal complaint AND an appeal. This is because it is possible no appealable decision has been made and IS has just been suspended (for whatever reason). I'd suggest something like this:

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URGENT - Formal complaint and formal appeal

This letter has been compiled for me because I am unwell.

I wish to both complain AND appeal against the ending of payments of my Income Support. The grounds are as follows:

1) I have received no notification of any decision relating to ending my Income Support. Therefore, in law, any purported decision is of no legal effect and the absence of notification affects my legal rights to dispute any decision made by you.

2) To my knowledge, there are no grounds on which my IS can be terminated.

3) If you do not reinstate my IS in light of this letter, please forward this to The Tribunals Service to arrange for a Tribunal to hear my appeal.

4) If this counts as a late appeal, the reasons for this are covered in "1" above. Please admit this appeal.

5) If you have suspended payments of benefit but not made an appealable decision, please tell me why and/or make a formal decision.

<optional> You are authorised to discuss this matter fully with my son.

Please deal with this urgently as the stopping of my benefit is causing me hardship.

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tsimehC

Thanks, that template is helpful. I'll talk it over with my father but he's just worried I'll him into more trouble.