DWP made a huge error, what can we do?

Markreed89

My partner is disabled and in Jan this year we won an appeal for enhanced rate mobility and recieved a letter from them confirming this and that it was awarded until 11/2/2022. We wanted a car on the motability scheme (our car is old and costing us hundreds each year to keep going) but decided not to rush and build an advanced payment to apply for a slightly better car through the scheme. I sold if personal things over the last months and raised £1k and last week we put the order for the car in. Well now dwp have said we can't have the car as they've made an typo on our letter and that our award runs out on 11/2/2021. If we knew that we would have got a car through the scheme in Jan and I wouldn't have sold things and also continued putting money into our old car. They are saying there's nothing we can do and that's that. Surely the letter they sent must be legally binding in some way? 

Old_Lifer

Typing errors in letters occur in all  sorts of organisations.    Just because  someone has hit one wrong key  does  not give you  any greater entitlement   than that which actually exists.

tomtom256

Errors happen, however you could complain and argue for restitution for having to sell items and save up to get a more suitable car.

They still may say no, but not miuch else you can do.

poppy12345

Markreed89 said:

My partner is disabled and in Jan this year we won an appeal for enhanced rate mobility

Appeal, was that Tribunal? If so then check the award notice that you received from HMCTS and that will tell you exactly when the award is dated to. If there is a typo in the award letter received from DWP then there won't be anything that can be done about it because awards given by a Tribunal can't be changed.

calcotti

You can try complaining and seeking compensation from DWP but if the award was made by a tribunal they may argue that you should have noticed if there was a discrepancy between the DWP letter and the tribunal decision letter.

Markreed89

No the award was not made by the tribunal. We had the tribunal and they set another one after because we had further evidence supporting our claim that they were not aware of, then dwp phoned us up a few days later to say they want to settle and offered us enhanced rate mobility 

poppy12345

Markreed89 said:

No the award was not made by the tribunal. We had the tribunal and they set another one after because we had further evidence supporting our claim that they were not aware of, then dwp phoned us up a few days later to say they want to settle and offered us enhanced rate mobility 

Then as has been advised you can try complaining that you thought the award was until 2022 but don't be surprised if they say there's nothing they can do. As the award does end in February 2021 then the review will be very soon because they are usually 6 months before the award is due to end.

calcotti

Markreed89 said:

No the award was not made by the tribunal. We had the tribunal and they set another one after because we had further evidence supporting our claim that they were not aware of, then dwp phoned us up a few days later to say they want to settle and offered us enhanced rate mobility 

I'm not clear. If you had the tribunal then the tribunal must have made a decision or are you saying the tribunal never took place because the ate was changed and in the meantime DWP revised the award. In the latter is the case you can seek compensation on the grounds that you have placed reliance on the information DWP sent you and you had no means of knowing it was incorrect.

Markreed89

Basically what I was told. They said I can appeal but we all know how long that takes, the assessment will be due around by that point 

Markreed89

calcotti said:

Markreed89 said:

No the award was not made by the tribunal. We had the tribunal and they set another one after because we had further evidence supporting our claim that they were not aware of, then dwp phoned us up a few days later to say they want to settle and offered us enhanced rate mobility 

I'm not clear. If you had the tribunal then the tribunal must have made a decision or are you saying the tribunal never took place because the ate was changed and in the meantime DWP revised the award. In the latter is the case you can seek compensation on the grounds that you have placed reliance on the information DWP sent you and you had no means of knowing it was incorrect.

So basically we had a tribuneral, no decision was made as they found out during the tribuneral some more facts. To be fair to dwp they set a date for a second hearing but before that date came around the dwp called us to pursuade us to drop the appeal in exchange for an award if enhanced rare mobility which we accepted