Hi All,

I asked our HB dept to apply a discretionary write off as client was on DLA - to cut a long story very short - owing to mental health issues.

She was not on DLA during the period the o/p accrued, but was when raised. However from details on the DLA claim form it may be that she suffered with the mental health problems when the o/p raised...

Anyhoo.. asked them to use discretion to write off as o/p under £1000 and read somewhere that LA can use discretion at manager level if under £1k..

They have written back and said they will reduce the clawback from £9.15 to £3.05 but will not write off..

So my question is - they have provided no reasons why they will not write off.. Can I complain further as they havent provided details of why not...???

Thanks.. x

Would be worth continued negotiation rather than complaints, bearing in mind the 'element' of 'discretion' is involved and taking the long term view that a friendly receptive HB section open to your suggestions/contacts will help you help other clients as the years pass by, e.g. you are bound to have other O/P's that you would want to get written off.

you've got the "clawback" reduced which is a good start.

So I could politely ask them if they have guidelines on how they apply their descretion...?????

Well you could, but i was thinking of the wider picture too i.e. cultivating a relationship with them, raising their awareness/empathy of clients situations etc etc.

I know i'm sounding airy fairy and vague, but its possible to be a proactive rep challenging decisions tenaciously, but at the same time cultivate good relations with local LA/DWP depts, and get to a point where they recognise your clients circumstances and act in a empathetic proactive manner to resolve a client's given scenario.

Admittedly, it doesn't always work (non contentious examples for a welf working in the west country, like in the past CSL/Liberata when they had HB contracts in Southwark and Croydon before they went inhouse), but worth trying.

Why not just ask for the reasons, which might highlight a gap in the reasoning that you can fill with further representations?

Thank you for your comments.. I must admit, I usually go for the gung-ho approach and that is rarely the best way forward.

I will do as suggested and kindly ask what their reasons are for the refusal whilst thanking them for reducing the clawback.

Regards,, x x x