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#Post#: 32528--------------------------------------------------
Ludicrously Delayed DWP Appeal and Ombudsman
By: dave-o Date: August 7, 2024, 5:29 am
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This is such a specific situation I don't seem to be able to
find any clear guidance online. I appreciate this is a motoring
board however I would be interested in any opinions or advice
that members may have.
This is a rough timeline of events, as I'm after very general
advice at this point I hope it will be sufficient
- About two years ago, my father gave me a letter that he didn't
understand but that looked serious. He suffers from various
dementia-related issues, most significantly "Aphasia" which
means he struggles to understand words and particularly numbers
- It turns out that, some 6 months before, a letter had been
sent to him stating that as his Attendance Allowance had been
stopped, he was not liable for the pension credits he had been
receiving over the past few years. As such he owes them £6000,
which they will recover by taking £10 off his pension every week
until it is repaid
- The reason the Attendance Allowance was stopped was because he
had received a letter asking him to confirm whether his issues
were still current. He didn't understand this and unfortunately
didn't put this in the pile of letters he saves for me. As such
it wasn't responded to
- I initially got the Attendance Allowance reinstated and
thankfully the lady in this department of DWP was understanding
and gave me a letter stating that although he had not been
receiving the AA during this period, he was still eligible for
it. This was with the intent of appealing the Pension Credits
"debt"
- When I spoke to the Pension Credits person they were just
about as officious and unhelpful as possible. Although they
gave me the details on how to appeal, they said I would not be
successful
- As I was preparing the appeal, I got a letter (I have now had
all DWP stuff routed to me as POA for obvious reasons) stating
that the appeal had been unsuccessful. The one I hadn't even
submitted yet!
- The rejection had a number of errors with dates, one of them
stating that unless a response was received by (a date four
years earlier than the date the letter was sent) they would
consider the matter closed. Bear in mind this was addressed to
my dad, and someone without cognitive impairment wouldn't even
be able to make sense of it
- I submitted an appeal based on the confirmed eligibility, also
discussing they should exercise more care when conversing with
people known to have cognitive problems
- I heard nothing for 6 months, and phoned up. I was told the
appeal was still being considered, and as they have such a
backlog there is no confirmed date by which they will reply. I
suggested they stop docking his pension while the appeal is
happening, but of course this wasn't accepted
- It has now been two years, the appeal is still in the queue,
and he's still having £10 a week taken off his pension
- As it seems there is no accountability and no end in sight, I
would love any suggestions on next steps. Is there an ombudsman
or governing body for the DWP?
Thanks
#Post#: 32533--------------------------------------------------
Re: Ludicrously Delayed DWP Appeal and Ombudsman
By: roythebus Date: August 7, 2024, 5:43 am
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It's a sad case of how broken the country is after the last 14
years or more of austerity and cuts. I suggest you write to your
MP, maybe arrange a meeting with him/her to explain the case.
Unfortunately those in the DWP have in effect been leaderless
for most of that time and none of them give a toss.
#Post#: 32534--------------------------------------------------
Re: Ludicrously Delayed DWP Appeal and Ombudsman
By: Southpaw82 Date: August 7, 2024, 5:44 am
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Your experience of the DWP seems to mirror mine. They remain
truculent even in the face of adverse court orders. They seem to
be of the opinion that they need to ‘consider’ whether to obey a
court order.
I’m not familiar with the relevant statutory scheme but there
may be an appeal to the First Tier Tribunal. If an appeal is
taking so long one has to wonder if the HRA is engaged.
Would your MP help?
#Post#: 32547--------------------------------------------------
Re: Ludicrously Delayed DWP Appeal and Ombudsman
By: dave-o Date: August 7, 2024, 6:18 am
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[quote author=Southpaw82 link=topic=2740.msg32534#msg32534
date=1723027473]
Would your MP help?
[/quote]
I'm not sure, would they? I imagined they would only deal with
local matters, but i will give it a go if you think it's
worthwhile?
#Post#: 32548--------------------------------------------------
Re: Ludicrously Delayed DWP Appeal and Ombudsman
By: Southpaw82 Date: August 7, 2024, 6:23 am
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[quote author=dave-o link=topic=2740.msg32547#msg32547
date=1723029522]
[quote author=Southpaw82 link=topic=2740.msg32534#msg32534
date=1723027473]
Would your MP help?
[/quote]
I'm not sure, would they? I imagined they would only deal with
local matters, but i will give it a go if you think it's
worthwhile?
[/quote]
They ought to take up the cudgels for any constituent,
especially if government is involved.
#Post#: 32549--------------------------------------------------
Re: Ludicrously Delayed DWP Appeal and Ombudsman
By: dave-o Date: August 7, 2024, 6:27 am
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[quote author=Southpaw82 link=topic=2740.msg32548#msg32548
date=1723029791]
[quote author=dave-o link=topic=2740.msg32547#msg32547
date=1723029522]
[quote author=Southpaw82 link=topic=2740.msg32534#msg32534
date=1723027473]
Would your MP help?
[/quote]
I'm not sure, would they? I imagined they would only deal with
local matters, but i will give it a go if you think it's
worthwhile?
[/quote]
They ought to take up the cudgels for any constituent,
especially if government is involved.
[/quote]
Cudgels - If only this were literal not figurative!
I have just called them again for an update on the appeal, which
they say I will receive in 10 days. If it's not good news then
I will at least have this as documentary proof that the appeal
is still ongoing 2 years later. I will then take this to my MP.
Thanks for the advice. There really should be an ombudsman (or
whatever the correct term is) for government departments...
#Post#: 33081--------------------------------------------------
Re: Ludicrously Delayed DWP Appeal and Ombudsman
By: TheBeak Date: August 12, 2024, 8:11 am
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We're assuming you share the same MP as your dad? If not, it
would be your dad's MP to approach as he's the constituent with
the issue.
#Post#: 33089--------------------------------------------------
Re: Ludicrously Delayed DWP Appeal and Ombudsman
By: dave-o Date: August 12, 2024, 8:47 am
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[quote author=TheBeak link=topic=2740.msg33081#msg33081
date=1723468311]
We're assuming you share the same MP as your dad? If not, it
would be your dad's MP to approach as he's the constituent with
the issue.
[/quote]
We don't, no. Noted as to approaching his MP, thanks.
#Post#: 36140--------------------------------------------------
Re: Ludicrously Delayed DWP Appeal and Ombudsman
By: roythebus Date: September 8, 2024, 6:16 pm
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to show how far behind they are, I've just had to apply for
universal credit having jst been made redundant. They promptly
sent me a demand for £180 overpayment from 12 years ago about
which I know nothing!
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