DWP's Obligation to Benefit Claimants

poppy12345

Nothing to do with DWP, they paid your money into your bank account. What happens after that is not their problem.

JamesA999

So you believe:-

DWP take application for Benefit.
DWP decide in your favour and that they have a legal obligation under the Social Security Act to pay you that benefit as long as you meet the conditions and accept you as a CLAIMANT.
DWP have to pay you under law the value set by law each benefit day.
DWP make a payment of funds to a second party that being a bank you hold an account with, given you are a CLAIMANT and they have a legal duty to ensure you receive the money they owe you under law. THAT
DWP have no further involvement when they pay the funds to that bank and that bank gives your BENEFIT to the wrong person

That at that point is no longer got anything to do with the DWP?

James

KatrinaWaves

JamesA999 wrote: »

So you believe:-

DWP take application for Benefit.
DWP decide in your favour and that they have a legal obligation under the Social Security Act to pay you that benefit as long as you meet the conditions and accept you as a CLAIMANT.
DWP have to pay you under law the value set by law each benefit day.
DWP make a payment of funds to a second party that being a bank you hold an account with, given you are a CLAIMANT and they have a legal duty to ensure you receive the money they owe you under law. THAT
DWP have no further involvement when they pay the funds to that bank and that bank gives your BENEFIT to the wrong person

That at that point is no longer got anything to do with the DWP?

James

YOU the claimant gave your debit card to someone. They did not bring it back and you did not report it for 5-6 MONTHS.

You have been negligent. The DWP is not responsible for your negligence.

[Deleted User]

Take responsibility because all you seem to want is someone else to and that ain’t going to happen.

JamesA999

I give you an example.

You have £10000 cash in your home.

You let people into your home. You know a large variety of people.

Some are kind and normal and some are not so kind and normal and make a choice to steal the cash over 5-6 months while you are sick in bed. I might not have mentioned that part yet I was a hospital inpatient. Is it your fault another human being chose to be greedy and stolen your money or is it your fault for being stupid enough to trust others to take responsibility for their own decisions.

Was it your fault they stole the cash?

Is CHIP and PIN that secure. When anyone can look over your shoulder and use your card if they get hold of it.

There is a big difference in law between wages and money saved from wages and moneies paid as a result of a claim to benefit when the DWP have a legal duty to ensure the money gets to you and no one else. If that £10000 was behind the screen at the bank or the post office and the staff have it to the wrong person is it your fault?

KatrinaWaves

JamesA999 wrote: »

I give you an example.

You have £10000 cash in your home.

You let people into your home. You know a large variety of people.

Some are kind and normal and some are not so kind and normal and make a choice to steal the cash over 5-6 months while you are sick in bed. I might not have mentioned that part yet I was a hospital inpatient. Is it your fault another human being chose to be greedy and stolen your money or is it your fault for being stupid enough to trust others to take responsibility for their own decisions.

Was it your fault they stole the cash?

Is CHIP and PIN that secure. When anyone can look over your shoulder and use your card if they get hold of it.

There is a big difference in law between wages and money saved from wages and moneies paid as a result of a claim to benefit when the DWP have a legal duty to ensure the money gets to you and no one else. If that £10000 was behind the screen at the bank or the post office and the staff have it to the wrong person is it your fault?

In your house example, who do you think would pay you the money back?

The money DID get to you. You just chose to be foolish and careless about who you gave the access to.

You being in hospital is irrelevant. You were well enough to give the card to someone with a covering letter, so you were well enough to notice they hadnt brought it back for 6 months.

BoGoF

It's certainly not the DWP or banks fault you have scummy friends. Not one person on here is going to back you on your view that somehow DWP owe you money.

Go and see a solicitor who will confirm.

antrobus

JamesA999 wrote: »

I disagree.

You're still wrong.

Put it this way, if you had a giro and cashed it the post office, and then someone stole the money, the DWP would have had no responsibility to cover the loss.

That's what's happened to you. The DWP have sent you the money, you've received it, and then somebody has stolen it. That's not their responsibility. They have no control over who you give you debit card and PIN to.

And there is nothing in social security law that makes them responsible.

It's unfortunate you've suffered this loss, but the responsibility lies with the individual who abused your trust.

[Deleted User]

In the house example you provided you wouldn’t be able to get the money back either you shouldn’t keep money in the house.

JamesA999

Antrobus,

You have it the wrong way around.

I get a giro for example and I cash it and the money is stolen then the DWP have met their obligations. I am the claimant and I legally cashed my giro and was the victim of a theft. I may or may not be lucky enough to get a crisis loan to cover me until the next giro.

Image the case if no debit card, and CHIP and PIN involved.

Now I did not give the theif permission to spend my ESA and DLA I gave them permission to withdraw £250 cash from their own bank branch from my current account as a one off using a letter and my debit card as ID and they promised to return it. They never did. They ran off with the card, knew the PIN stolen the money and it is a crime commited by them. I assume no argument there. They are legally liable.

The problem with your statement is you say the DWP gave me the money because it was in my bank account. Now in the case of the giro they give the money to the Post Office to give to you or me when we cash our cheques.

They gave the bank my benefit entitlement for a period of time and then again and again and again. In order to give to me as if I were cashing my giro as I am the claimant and only legal recipient. If the Post Office were handed a giro by you or me that we did not have permission to have and the Post Office handed over the cash which is a legal entitlement of the person named on the giro who is at fault?

Do you see the case now?

The Post Office and a bank in the case of benefit payments to claimants have a legal duty to ensure it only gets into the hands of the person it was paid to i.e line on Bank statement "ESA SA 22 33 44 55 C £380.21". Is the person taking the money the person with that NI number? If not the DWP have a legal duty to get the money to the right person and the bank or Post Office have a problem for giving the money to the wrong person.

James