DWP's Obligation to Benefit Claimants

JamesA999

Hi there,

I am the victim of a theft of ESA and DLA from my bank account.

I have tried to read the Social Security Law and as I understand it the DWP once it makes a decision an applicants entitlement to a benefit it has a legal duty to get the money to the applicant and no one else unless someone else has legal authority to collect it Am I right?

I ask because, I remember in 1992 signing away my right to be paid by girocheque of order book and agreeing to be paid by BACS credit but if I had a problem getting the money from my bank to go to my local office and they will help. They are not helping at least in writing.

My benefits are paid into my bank. My memory of the system is if payments are made by girocheque or order book and PO clerk for months cashed them and gives the money to a thief then I get a replacement payment for the total from the DWP?

If I cashed my girocheque or orderbook or withdrew my benefits from my bank account then lose my money or have it stolen I have to apply for a crisis loan.

In the case were a high street bank pays out ESA and DLA over 5-6 months not to me but to someone I gave the card to not knowing they were a a thief and b knew my PIN with a letter authorising them to be given a one off payment of £250 cash as I was in hospital and bring it back to me as I could not get to the bank and 5-6 months later when they had not returned and I was well enough to call the bank and and report it to find the person had taken all of my benefits out of my account do the DWP have a duty or the bank as the DWP agents like a PO clerk who makes a mistake to return the money because the bank gave benefits out to a thief? With no legal authority or proof of ID other than having my debit card that I gave with the letter as proof of ID as I did not think the letter alone would work. The bank had not given me a cheque book and I did not know as I said the person was a thief and knew must have "surfed" my PIN. The police investigation concluded it was a crime on the balance of probabilities but the bank have written "we want the person arrested which he was, charged and convicted which they did not have the evidence to do as in Scotland corroboration is required". Their internal notes as I requested my data under data protection law just say "police investigation required".

I cannot get a straight answer from the DWP about who is responsible for replacing stolen benefits and the RT Hon Amber Rudd MP's letters of reply do not stick to the point, tell me it's all my fault and more or less :money:

Does anyone know a firm of Solicitors specialising in social security law In Glasgow?

Thank you.


James

TELLIT01

JamesA999 wrote: »

Hi there,

I am the victim of a theft of ESA and DLA from my bank account.

I have tried to read the Social Security Law and as I understand it the DWP once it makes a decision an applicants entitlement to a benefit it has a legal duty to get the money to the applicant and no one else unless someone else has legal authority to collect it Am I right?

Surely, once the money hits your account, DWP has fulfilled its obligation of "getting the money to the applicant". If money is being taken from your account without your permission, that is an issue for the bank and the police. It's really no different to somebody stealing your wallet with your benefit payment money in it. DWP wouldn't be responsible for replacing that.

[Deleted User]

You admit to giving your card and PIN out?

JamesA999

I disagree.

If they sent out my benefits as a girocheque and someone stolen and cashed it would it be my problem? The PO clerk would be questioned by the police as to why they paid out a girocheque to someone who they know is not the named person on the cheque who comes in every fortnight to cash their girocheque.

If the DWP pay my benefits; IT IS NOT money in the sense of wages as benefit recipients we are not responsible for it until it that is the cash is physically In our hands; into a bank account and it is not yet money in my hands as the lawful recipient of that money and the bank make a mistake are defrauded and give it to the wrong person why would it be showing as available in my bank account make a difference?

The point I want to clarify is:

The DWP I am sure have a duty to make sure the benefit recipient and only them gets the money. Otherwise, if someone stole your girocheque and cashed it the DWP replace the girocheque but a BACS credit is the equivalent of a girocheque sitting in a bank account. A BACS credit of wages is not the same in law I don't think as a BACS credit of social security benefits paid to the most vulnerable members of society hence why the DWP have a legal duty to ensure it gets to the right person and only that person. They have a contract with the bank to act as their agent to get it to the key word the CLAIMANT.

James

JamesA999

I gave my "friend" while a hospital inpatient a letter authorising hin to be given £250 in cash over the counter at Pollok TSB branch as a one of payment. I did not have a cheque book and so I gave him my debit card and no PIN and did not know he knew my PIN. The card was to hekp prove my identity he promised to return with the card and the cash if they paid it out and I never saw him again nor have since. The police arrested him and concluded I am a victim of theft / fraud.

I was too unwell to contact my bank and 5-6 months later when he had not csme back I called to find out my card had been used for all that time including transfering my savings of my benefits into his own bank account held with TSB at TSB Pollok branch. His bank statement must say all the way down it "FP in from Mr James X xxxxxxx".


James

JamesA999

The bank won't return the money unless he is "arrested, charged and convicted", however, as this is in Scotland it is looked at transaction by transaction and corroboration is required to prove it to a criminal standard which is what TSB want.

But on the balance of probabilities the police have concluded I am the victim of a theft of between £9600 and £9700. It was ESA plus high care low mobility DLA plus I had about £4000 taken from a savings account.

TSB are being very difficult.

They agreed to refund it at first then changed their minds and sent out the charge, arrest and conviction letter.

KatrinaWaves

You gave them your card, you basically gave them your money, not the DWP.

asdf1982

Are the police going to arrest him?

JamesA999

No I gave the man a debit card and no PIN number. TSB Bank plc gave him £5000 by debit card and let him transfer £4000 of my savings into his TSB current account on which I have his sort code and account number. The DWP have not money not wages but benefits to TSB Bank plc to give to the claimant or the claimants authorised representative. They chose to let him take the money.

Their internal notes at one point say "card blocked: suspicion activity. Awaiting conf." Now they got no conf from me and when they want to they will stop a card fast enough. Do you own a Barclaycard they ring you up transaction by transaction on your mobile phone to make sure it is you using the card sometimes.

What "conf" the TSB got they have not said but the letter I gave the man to take to the bank had my dob, NI number and phone number on it so maybe they accepted that rather than blocking the card and waiting for a passport or driving licence or bank statement.

James

JamesA999

They did arrest the man who did a runner from his home address and who they put a trace on but if you Google corroborative evidence in Scotland you will see why they could not charge the man as they need two pieces of evidence for each transaction as proof it was him including most times a sighted witness.

James

[Deleted User]

DWP won’t, and shouldn’t take responsibility. They fulfilled their agreement and paid into your account your benefit money. What happens after this has nothing to do with them.