DWP's Obligation to Benefit Claimants

elsien

And only commenting on one person's threads. Unusual posting pattern for the average new poster.

45002

Has anyone read JamesA999 aka jdoe58677

Latest thread

https://forums.moneysavingexpert.com/discussion/6044494/link-outsourcing-and-co-operative-bank






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elsien

I regularly work with people in hospital who have been there for months and either accumulated huge overpayments or benefits have stopped because the DWP don't know they are there.
If your question refers to the OPs original query, it has been answered many times over already, whether they wish to accept that or not.
If there is a query about the person's financial capacity, there could potentially be a safeguarding, but that won't get them their money back, from the DWP or anyone else.

Terry_Towelling

If you are still reading, JamesA999, what is your view on the following:-

My benefits are paid into my bank account. I go to an ATM and draw them out - except, I am a bit of a numpty and I forget to actually take the cash when it is dispensed. The dishonest person behind me in the queue quickly trousers the cash before the ATM can suck it back in.

Has the bank/DWP failed in their so-called obligation to get my benefits to me? At what point do I have to start taking some responsibility for my own actions?

If I give my card away, am I acting responsibly? If I allow someone to see me entering my PIN am I acting responsibly? If I have a mental impairment that makes me susceptible to doing this sort of thing, do I have a responsibility to declare this to my bank so that they can actually takes steps to prevent others from taking advantage of me?

Do you truly believe you have no obligation to protect yourself and that it is the responsibility of everyone else to do it for you?

Kentish_Dave

OP, was your time in hospital anything to do with multiple personality disorder?

[Deleted User]

You even write like the OP this “new member”.

antrobus

jdoe58677 wrote: »

Hi Elsien

In Glasgow where the OP states this happened the have an integrated care service between the doctors and hospitals and the social workers. They form a team to assist each patient if they as in hospital for such a long time. They don't leave them to "it" as you stated.....

Why yes, they do have the Glasgow City Health and Social Care Partnership. which seeks to integrate community health and social care services. Most places in the UK endeavour to do the same thing.

https://www.glasgow.gov.uk/hsci

But hospital staff still don't 'do' benefits; that's neither community health nor social care.

jdoe58677 wrote: »

Have you ever experienced anything such as the OP had to comment upon it?

It's not uncommon for people to hand over their debit card and PIN to some trusted individual, only to find that their trust is abused. If a loss results, you can't visit that loss on somebody else such as the DWP, your employer, or your Aunt Margo from Kirkcaldy, simply because they paid the paid the money into your bank account in the first place,

antrobus

jdoe58677 wrote: »

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I hope this clarifies things.

Oh I see. You have suffered from short-term schizophrenia.

Yes, that does 'clarify' things.

Terry_Towelling

jdoe58677 wrote: »

Dear Terry Towelling

If you are not on benefit for reasons of problems with concentration and hence a disabled person under section 3 of The Equality Act 2010 then the person who took your money and did not come to give it back to you is guiy of a crime under The Theft Act. You would have to apply for a crisis grabt or other payments from the current authority who handle what used to be the Social Fund's job at the local DWP Office

What kind of mental impairment as that would make a difference in law, ehfre you legally able to make your own choices at the time or do you suffer from any kind of schizophreniform disorder that might have made if more difficult to understand you should not have left the cash machine while there were others about. However, that does not mean they don't get charged with theft and the DWP replace the payment and not as a grant or loan but as if you never received your original payment to you which in the scenario you postulated you would not have.

I hope this clarifies things.

John

It's certainly very interesting. Obviously what you write refers to disability benefits and not other things like JSA or carer's Allowance.

So, if you are on the sort of benefits that impair your judgement in a certain way and someone takes your benefits money from you at any point up to when you take possession of it, you can get it back from DWP as if you'd never actually had it - and this includes someone accessing your account via online banking and by using your debit card and PIN at an ATM?

How about, where you have, say, £1000 in your account, of which £500 is benefits cash. You visit the ATM (as described in my post) and request, say, £250 but don't take possession of it and someone snatches it. Is that still the same?

If you actually took possession of the cash and were later mugged in an unconnected incident, is that treated the same?

If we look at JamesA999's case where he had somehow amassed a small fortune in benefits (which in itself sounds unusual because they are usually seen as essential to living and might normally have been spent at least to some extent) and where JamesA999 had never actually taken possession of his benefits cash (either before his hospitalisation or in the 5-6 months afterwards) then he has a case against the DWP to get repaid his money as if he'd never taken possession of it? He doesn't need to bother ranting against the TSB. Is that right?

sassy_one

In a nutshell...

The DWP have no obligation to replace, refund or otherwise give you funds back that were stolen, lost or grew feet and walked off.

I'd suggest a visit to a GP ASAP.

Goodnight.