I became involved again in this case on 23rd December, after discovering that my client (the benefit claimant), had received no GPC payments since 22nd November, (the DWP changed its mind, and decided to issue a new order book, not giros), and I immediately requested an emergency payment, as this person would have no income over xmas... It turns out the new order book was ‘intercepted’ by/at the PO and fraudulently cashed from 28th November, to 2nd January.
Many phone calls later (by both me and the claimant,) and no payments have yet been made. She has received letters from the DWP stating an Emergency Payment giro will be sent, but their finance section has "forgotten" to process those giro’s.
The DWP have requested that form BF134 (lost/stolen giro form), be completed. This has been done by the claimant THREE times so far all at the JC+ office, and all apparently faxed to the Pensions Agency by JC+ to the Pensions Agency in Newcastle... The pensions agency state they received only one BF134, and it was not signed, and that it was the 'customers fault', (they refuse to accept that as the form was completed at a JC+ officer that the officer taking the form should have checked it before faxing it to the pensions agency and sending the claimant on her way), so they refuse to make a payment, (even though the claimant has attended the JC+ several times a week since the beginning of the month).
Anyway, the claimant has now taken in a letter to JC+ stating that she never received the order book, as she desperately needs the money, and definitely has cashed no GPC (IS) since her last giro expired. I submitted an appeal for an EP 2 weeks ago, but the DWP are refusing to process it as an appeal without form BF134, and refuse to accept the claimants written assertion that she never received the order book without form BF134 being completed, (being officious isn't the word, I spent an hour and a half on the phone to the Pensions Section in Newcastle who were rude and refused to accept what his own systems were telling him, (that no payments have been received by the claimant since November), and when I asked to speak to an EO was told they were in a meeting, when I asked for the HEO or higher, was told they don't have one.. interesting... Decision-makers in the DWP who don't have team managers or any managers of any kind...).
This claimant has had no IS entitlement since 28/11/04 and continues to go without payment... I am now very concerned... I want to bring an action to TAS bypassing the DWP altogether (sending the appeal letter directly to TAS requesting an urgent listing), but I have never done this for IS, and I also want to raise HRA Article 6/8/14 matters in the appeal as I suspect that once I file the appeal at TAS, the situation will be resolved by the appropriate decision maker... and I would like a TAS decision on HRA matters to use at the Parliamentary Ombudsman), as leaving a pensioner without funds for almost two months is (in my opinion), 'beyond the pale' and I would be grateful if anyone could point me in the direction of any relevant IS case law as to 'EP's and/or HRA stuff regarding EP's as my expertise lies in HB/CTB, so although I can do the HRA stuff, the 'Emergency Payment' and leaving people without any income at all (esp. over xmas and new year), is newer to me, (HB ‘payments on account’ don’t have the same level of ‘emergency’ as IS?), and I would not want to let this person down...
All/any comments gratefully received…
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