project co-ordinator, tenants advice project, leicester city council Member since 30th Mar 2005
WMA european court application Wed 14-Sep-05 03:53 PM
Have just taken over a case and I have just received a cheque for a male client in respect of WMA in full and final settlement if accepted of a pending ECHR application post Hooper from the DWP. It awards compensation for the period 8/2/00 to 9/4/01. We can accept but any advice on best tactics and are other advisers not settling for the DWP figure? is there any better option?
project co-ordinator, tenants advice project, leicester city council Member since 30th Mar 2005
RE: WMA european court application Thu 15-Sep-05 01:47 PM
Yes I also received this prior to getting the offer from the DWP and they want a response by oct 3rd. I presume it makes sense to ask for benefit to put him in the position he would have been if he was female ie WMA to cover the period of entitlement. This appears to be whats paid because men under pension age can claim widowed parents allowance from april 01 so in my case its probably not worth pursuing. I have worked out that we did not get WP because outside time limit for claims.
senior welfare rights officer, vale royal citizens advice bureau cheshire Member since 14th Sep 2005
RE: WMA european court application Thu 15-Sep-05 01:35 PM
I have recently received letter from ECHR stating it will 'place itself at parties' disposal w. view to reaching friendly settlement of claims'. Request proposals of friend. settle. by 3.10.05. Was your client approached by DWP and settlement reached this way? Re: period of award - was the date 8/02/00 when cl was widowed? Has anyone else been contacted by ECHR and what guidelines are they using to determine amount of settlement? I look forward to hearing.
project co-ordinator, tenants advice project, leicester city council Member since 30th Mar 2005
RE: WMA european court application Thu 15-Sep-05 01:52 PM
DWP just sent a cheque and calc to myself as rep. The period of the award runs from 3 months prior to accepted claim although client says he tried to claim earlier and was not given form util advent of WPA.
welfare rights adviser, sefton metropolitan borough council, liverpool. Member since 22nd Jan 2004
RE: WMA european court application Thu 15-Sep-05 02:35 PM
A settlement should be made up of the actual amount that would have been paid, the interest on that amount and an amount as compensation for the previous loss uf use of the original sum. Calculating the last element is usually the difficult bit.