DWP's Obligation to Benefit Claimants

Caz3121

From Citizens Advice
https://www.citizensadvice.org.uk/debt-and-money/banking/banking-security-and-fraud/
"Getting your money back

If the bank thinks you might have acted fraudulently or were negligent, they can delay the refund while they investigate - this shouldn't take more than a few days.

If the bank won't refund your money, you'll only be able to get it back by taking the person who stole it to court."

note you mention on your other thread this happened in 2016 and the bank did investigate but are not repaying.

JamesA999

Entitlement to the benefit is what it is. It is not entitlement to anything not set down in law by Parliament.

James

JamesA999

It is the fast judgemental responses I have a problem with.

I made a data protection act request of my bank and my SAR shows:-

"Enquiries Referral. Cheque Account Other SC772973 Ch called & requested that his ib, tb, & debit card were blocked, adv that this has been done & then the li-ne dropped" redaction in black marker.

"Interview Account Response Verified,Lost;Card Ending -9015 ;Cancel Card - Success ;Re-Order Card - Success; Re-Order PIN - success, for James by redacted in black marker, at 12.15".

And if you saw the rest TSB would go down the plug hole. All while I am in a hospital bed. What happened is beyond belief and seems like an "inside" job.


James

kingfisherblue

The DWP did not tell you to give your bank card to someone else. The DWP did not tell you to give a letter of authorisation for another person to withdraw money from your account. The DWP did, in fact, pay into the account that you had supplied the details for, which is what they were obliged to do.


Now, firstly, you should not have given your bank card out to another person. Secondly, I have never heard of a bank paying money out to a third party because you have sent them into the branch with a letter of authorisation and your bank card - maybe it's different in Scotland, but I'm with a different bank in England, and it is not allowed. Maybe you should be taking it up with the TSB instead of the DWP. There are circumstances when money can be taken from your account, but sending in a third party to collect cash for you usually isn't one of those circumstances!


Another point is that the DWP did not tell you not to check your account, especially when your card was not returned. You have the responsibility to put a stop on your card and account if your card is missing.


If your ESA is income based, you should also have informed the DWP when your accounts (any that you hold) exceed £6000 when added together. This is because your entitlement decreases by £1 in every £250 that you are over this amount.


If you were in hospital for more than 28 days, you should have informed the DWP as your DLA would be stopped temporarily. It's not clear how long you were in for, but if it was for less than this, then you had the opportunity to check your bank statements, which were presumably still being delivered to your home. You may even have had the chance to check via online banking (although I appreciate that you may not have this - I don't).



I really do not see how you can expect the DWP to replace your benefits when you are clearly the one at fault. They have fulfilled their side of the deal - putting the money into the bank account that you gave details for. It is NOT the same as having a giro (or the cash from a recently cashed giro) stolen, as giros carry more risk of theft. It should be far more difficult to steal from a bank account than be mugged in the street, but you chose to give your card to someone who it turns out was untrustworthy.



I suggest that instead of trying to blame others, you take responsibility. I claim benefits myself (and certainly can't afford to ignore them for several months!). I would never have the audacity to blame others for such stupidity, and I would not expect the DWP - who are blameless here - to pay out again, simply because you have given out your bank card and left it several months before doing anything about it.

JamesA999

Please read the post above too.

After that card blocked suspicion activity await conf. Then card re-activated. How did someone while I am in a hospital bed seriously ill get away with all of it?

James

kingfisherblue

JamesA999 wrote: »

Please read the post above too.

After that card blocked suspicion activity await conf. Then card re-activated. How did someone while I am in a hospital bed seriously ill get away with all of it?

James

You posted whilst I was typing my previous comments. You would have to contact the TSB about that, but again, it is not the fault of the DWP.


Now, I have replied to your comment. Please address my comments regarding whether you informed the DWP if you were in hospital for more than 28 days, why you did not check your account/statements for so long, whether you informed the DWP that your accounts were in excess of £6000 (if you are on income based ESA), and why you did not chase up your card for so long.

45002

JamesA999


Why do you keep posting on this forum for advice when you just keep disagreeing with Everyone who advises you !

I don't think your telling us the Full story and your just trying to blame everyone else for your missing money.

When the only person to Blame and at Fault is You...............................:(

JamesA999

Kingfisherblue,

DWP debt management have handled the excess payment. The hospital ashed if I was on any social security benefits and informed the DWP I was an inpatient are you being facetious or do you think they pay high care low mobility for the fun of it? The income from those benefits plus the ESA did not take me over the £6000 limit as the theif kept emptying my account fortnightly and four weekly as my benefit was paid in.

I was too ill to do anything other than breath, eat and drink. They don't admit well people who can handle life because they are fine in the NHS. Are you a BUPA patient?

Lucky for me the theif was on income based benefits and £9600-9700 over 5-6 months was not declared to them as income so I think DWP Compliance and HMRC for tax evasion might want a word with the man. As him transfering my money from my TSB current account to his TSB current account is how they get a warrant for money laundering too.

Please stop defaming and verbally injuring me. It does not go down well.

There are some on here who seem to think it is not up to others to be honest but for us to protect ourselves from the dishonest. What was I supposed to do about my "friend" call up the local nick and ask for a PNC check to be run against him for my benefit.

Thank you,.

James

kingfisherblue

I don't think that James wants to answer my questions.....:D

JamesA999

I just did kingfisherblue. You must have been working on your message while I typed.

Regards

James