DWP dragging their heels over backdated SDP and no call back from Managers... (1 year+)

Alice_Holt

I'd suggest - 

i)  Visiting your local advice charity and seeing if they have a caseworker who could write a pre action judicial letter to the lawyers at the DWP about the delay.  Some info on this can be found at CPAG:
https://cpag.org.uk/welfare-rights/support-advisers/support-advisers-england-and-wales/support-judicial-review-process/template-letters
(I think these can be adapted for use in Scotland, they are certainly an excellent tactic in England for DWP delays, as the DWP lawyers have legally 2 weeks to reply) 

ii) Making a written complaint (and copying your MP),

iii) Doing another mandatory reconsideration request re their decision to pay you incorrectly and their failure to enact the HMCTS decision.  Enclose a copy of that decision.  (Again, you may need the help of your local advice agency)  

iv) Seeing if your advice agency has good links to the DWP partnership managers, and can escalate it with them

The intention being to get it in front of someone in the DWP who has the clout to get it sorted, i.e
i) DWP lawyers, ii) Dispute Mangers, iii) Decision Makers.
The more in the DWP you contact (and involve your MP) - the greater possibility that at least one takes appropriate action. (Certainly the DWP lawyers have a legal duty to respond, so that may be the quickest route if your advice agency can do this in Scotland.)

TeenageQueen

Alice_Holt said:

I'd suggest - 

i)  Visiting your local advice charity and seeing if they have a caseworker who could write a pre action judicial letter to the lawyers at the DWP about the delay.  Some info on this can be found at CPAG:
https://cpag.org.uk/welfare-rights/support-advisers/support-advisers-england-and-wales/support-judicial-review-process/template-letters
(I think these can be adapted for use in Scotland, they are certainly an excellent tactic in England for DWP delays, as the DWP lawyers have legally 2 weeks to reply) 

ii) Making a written complaint (and copying your MP),

iii) Doing another mandatory reconsideration request re their decision to pay you incorrectly and their failure to enact the HMCTS decision.  Enclose a copy of that decision.  (Again, you may need the help of your local advice agency)  

iv) Seeing if your advice agency has good links to the DWP partnership managers, and can escalate it with them

The intention being to get it in front of someone in the DWP who has the clout to get it sorted, i.e
i) DWP lawyers, ii) Dispute Mangers, iii) Decision Makers.
The more in the DWP you contact (and involve your MP) - the greater possibility that at least one takes appropriate action. (Certainly the DWP lawyers have a legal duty to respond, so that may be the quickest route if your advice agency can do this in Scotland.)

Hi Alice, and thanks for this.

I'm going to dedicate time to this this week.

I think I'll contact HMCTS (HM Courts and Tribunal service) again, my contact at Money Matters, write and email DWP/MP - the link you've given for the templates will be useful.

Thank you, again.

Alice_Holt

TeenageQueen said:

Alice_Holt said:

I'd suggest - 

i)  Visiting your local advice charity and seeing if they have a caseworker who could write a pre action judicial letter to the lawyers at the DWP about the delay.  Some info on this can be found at CPAG:
https://cpag.org.uk/welfare-rights/support-advisers/support-advisers-england-and-wales/support-judicial-review-process/template-letters
(I think these can be adapted for use in Scotland, they are certainly an excellent tactic in England for DWP delays, as the DWP lawyers have legally 2 weeks to reply) 

ii) Making a written complaint (and copying your MP),

iii) Doing another mandatory reconsideration request re their decision to pay you incorrectly and their failure to enact the HMCTS decision.  Enclose a copy of that decision.  (Again, you may need the help of your local advice agency)  

iv) Seeing if your advice agency has good links to the DWP partnership managers, and can escalate it with them

The intention being to get it in front of someone in the DWP who has the clout to get it sorted, i.e
i) DWP lawyers, ii) Dispute Mangers, iii) Decision Makers.
The more in the DWP you contact (and involve your MP) - the greater possibility that at least one takes appropriate action. (Certainly the DWP lawyers have a legal duty to respond, so that may be the quickest route if your advice agency can do this in Scotland.)

Hi Alice, and thanks for this.

I'm going to dedicate time to this this week.

I think I'll contact HMCTS (HM Courts and Tribunal service) again, my contact at Money Matters, write and email DWP/MP - the link you've given for the templates will be useful.

Thank you, again.

        It often comes down to persistence, and multiple approaches / tactics into the DWP. 
Having a caseworker who could prepare a pre action JR letter would be very helpful.
And the involvement of an MP can concentrate minds.

huckster

There may be another factor causing the delay.

There have been a few cases where claimants have died in the weeks following receipt of large sums of backdated benefit money. And it was found following inquiries into the deaths that DWP had a duty of care, to ensure that suddenly having a large sum of money was not going to be detrimental to the health and wellbeing of the claimants.

DWP now have a process in place where they are supposed to check the current circumstances of the claimant, before they pay the full amount owed.  The fact that the OP mentions receiving an interim payment for £1680, suggests that DWP may have followed this process.  But then whoever issued the interim payment has then not followed on to issue any remaining payments due or communicate when they would be released.

If the OP is going to communicate with DWP, it might be a good idea to reassure DWP that they are of sound mind, do not suffer with any current addictions or any other issues where receiving a large sum of money would be detrimental to health and wellbeing.

8dayweek

@huckster has said what I would guess has happened.

How long has it been since the initial interim / partial payment? 

Is it possible the remaining underpayment is being issued in monthly instalments? Has anyone spoken to you about this?

TeenageQueen

huckster said:

There may be another factor causing the delay.

There have been a few cases where claimants have died in the weeks following receipt of large sums of backdated benefit money. And it was found following inquiries into the deaths that DWP had a duty of care, to ensure that suddenly having a large sum of money was not going to be detrimental to the health and wellbeing of the claimants.

DWP now have a process in place where they are supposed to check the current circumstances of the claimant, before they pay the full amount owed.  The fact that the OP mentions receiving an interim payment for £1680, suggests that DWP may have followed this process.  But then whoever issued the interim payment has then not followed on to issue any remaining payments due or communicate when they would be released.

If the OP is going to communicate with DWP, it might be a good idea to reassure DWP that they are of sound mind, do not suffer with any current addictions or any other issues where receiving a large sum of money would be detrimental to health and wellbeing.

Thank you. I appreciate what you've said here, and agree that, under usual circumstances, this could be the case.

However, they know that I'm both very much alive from my regular calls to them, and more than happy to receive the backdated funds.

I feel that they just hope that I'll give up fighting, shrug my shoulders and carry on with life. Unfortunately, for them, I'm a tough cookie, not to mention stubborn as hell!

Nevertheless, I SHALL reassure them on my next phone call.

TeenageQueen

8dayweek said:

@huckster has said what I would guess has happened.

How long has it been since the initial interim / partial payment? 

Is it possible the remaining underpayment is being issued in monthly instalments? Has anyone spoken to you about this?

The £1680 backdated/interim payment was for 8/7/23 - 8/12/23, and paid early June this year. No-one has contacted me about any repayment plan. In fact, still no one has contacted me about anything. Still.

Especially not one of the 11 Managers.

TeenageQueen

Well, an update.

I emailed complaints at DWP and copied the Independent Case Examiner in, ensuring that I also said so in the main body of my email.

The following day (17th) the Project Manager from Money Matters called me to ask if there'd been any movement on my claim. I said no (after I finished laughing) and told him of the saga. He emailed me a mandate or two to e-sign to allow him to chase it up and asked me to forward him the list of calls I've made to ESA/DWP. Duly done, and the following day, (18th) I got a call from ESA (the caller never gave their name) to ask if it was ok for me to receive a large amount into my bank account (as @huckster had said they might) and if so, it'll be paid into my account within the next 10 days.

I'm still not going to hold my breath though. I shall assume 10 working days, just to give them the benefit of the doubt (the ever generous and kind soul that I am, lol). They've told me how much it is, but that it has to be signed off by a manager - hopefully not one of the 11 that never called me back otherwise this will become the Neverending Story!.

Here's hoping that my next update will be within the 10 days (working or otherwise) and shall be my final one!

Robbie64

^

Good luck! It sounds like you've been well and truly messed about. Hopefully, everything will be sorted out soon.

TeenageQueen

Hey all - a belated update!!

I won. I've been paid. Eventually.

In the meantime, a manager did call me back and awarded me an additional £200 for the inconvenience and lack of contact. Not something that I'd asked for but she offered. I did tell her not to pay me as the original award was substantial.

She insisted - so, who am I to refuse?

All in all, I'm glad I stuck at it. Thank you to everyone who offered their help and support here!

And I hope that anyone else going through the same will stick at it. Yes, you can feel as though you just want to give up, but please don't. You've nothing to lose and everything to gain!