DWP's Obligation to Benefit Claimants

JamesA999

Afraid of kittens,

Are you Darren Hayward-Murray of TSB Bank plc?

Yours sincerely


James

45002

JamesA999


Just noticed on your other thread All this money went missing 4 years ago, why have you waited until know to tell this Story

JamesA999

Finally got temporary furnished accommodation from the local authority and am more settled and I did have an excellent credit record prior to hospital admission that all defaulted. So I look up eligibility checkers got myself a Capital One card using MSE Credit Club, have got an brilliant electricity quote for my 676 kWh of electricity Scottish Power want £260 a year for and "outfox" gave me a quote of £10.50!!!!! Per month. So had a meter change done yesterday and when the database updates to show I am not a prepayment customer anymore I am off to them. Then sat down registered on the site and thought I might be able to get an answer which I did not mean to start dictating to anyone about what "benefit entitlement" means. I think some people think it means as far as a BAC credit in bit it's really in law until it's in the hands of the claimant. However, many don't believe me or are not in the position where they are owed £10000 nearly and my banker was negligent in giving an ex friend not just a new card and PIN on my current account but allowed him to half inch my money taking it to his own account with the same bank and they still have not paid it back.

My shrink says I am a very complex person, lol. I have bipolar disorder.

James

tomtom256

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?

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

So you gave your card to a person, who knows your pin and they stole your money.

Call the police, as the loss is caused by your negligence.

YOU gave a third party access to YOUR account, it can only be YOUR account and YOUR card that was used, as you would have jumped through hoops to prove YOUR identification, in order to get a debit/bank card and pin number.

As such YOU knowingly gave that card to a third party, whom you states knows your pin and allowed them to take the money.

The DWP have fulfilled there obligation of paying the money into YOUR account, that in law, only you can legally access, having proved YOUR identification to open an account in YOUR name.

Not realy sure what YOUR missing, other then decent friends.

Illbedamned

well that was a wild ride

Gonna have to agree with the general consensus that basically you made a mistake (trusting said person and giving them your card, oh and not reporting it for months) and the DWP are not at fault.

Kentish_Dave

OP, you seem to have defaulted on a great many debts. If you recovered this money would you be using it to make good on them?

JamesA999

Social Security Benefits are based on Definition of entitlement
1a : the state or condition of being entitled : RIGHT
b : a right to benefits specified especially by law or contract

The decision on that entitlement bis made by a decision maker.

Under primary legislation of the UK Parliament the DWP must ensure the claimant and only the claimant receives their entitlement.

It makes no difference if the DWP paid it out in cash in one of their offices, or contracts the Post Office to pay it on their behalf or sends it as cash in the Royal Mail or some other delivery service if someone or something gets in the way of you receiving your benefit entitlement that a decision maker decided under law you are entitled to they MUST ensure it reaches you.

Remember we are talking about the the unemployed, the sick, carers and children here.

If the Secretary of State for the DWP or the Prime Minister or The Queen has to come and hand you your entitlement it is what will happen.

No one can steal your benefit before you receive it by any method such a girocheque fraud, mail theft or using a bank card to take what is not theirs no matter if they no the secret code to make it make the cash machine bpay out the money.

Live with it, deal with and accept it as a fact of life as it is how it is.

It is not wages, it's not a salary and it not savings it is day to day money the law says is the very minimum someone in the claimants circumstances can live on and they are entitled to it and to be repaid it if a decision maker decided for any week they were entitled to benefit X y or z because the are unemployed, sick and caring for someone.

Banks have a massive duty of care over our money. If the introduce a scheme that works on a card and a secret number and not on counter withdrawals in front of staff who know you they do at there own risk and the DWP is legally obligated to ensure each and every claimant gets their money as they are entitled to In law.

James

WhenIam64

he DWP is legally obligated to ensure each and every claimant gets their money as they are entitled to In law.

Rather than vent here, have you been along to a free Law Clinic to get their opinion on your opinion? Being correct, and being able to follow it through legally are two different things.

You may need to seek a Judicial Review on your particular take on the legislation. It would certainly make the issue of ID checks at ATM's very different than now.

Always in favour of people pressing for their rights and entitlements - but sometimes they come at a cost.

JamesA999

Whenlam64,

Thank you for your message.

I was not "venting" I was making it clear to anyone who has been lied to by their bank or by the DWP or messed about by either that if a person entitled to any social security benefit does not for any benefit week get access to their social security benefit because someone or something gets in the way the full and final onus to pay that benefit law with the DWP and they are legally obligated to pay the money out as many times as it takes to get to the rightful recipient of the benefit as per the DWP decision makers decision on what they are due.

The Post Office and your bank are the DWP's "middle" men if they don't get the benefit to the person the decision maker decided it must go to by virtue of the relevant Act of Parliament the DWP have a legal duty to keep paying it until it gets to that person.

Kind regards


James

[Deleted User]

You have avoided another question. What does the law say? What has a solicitor said?

FACT the DWP ain’t going to give you it again.

FACT the bank can’t do anything or they would have.

Simply put you have two choices:

1. Move on.
2. Seek a legal opinion.

End of.