I have had this problem twice in the past year, and twice three years ago. If the DWP won't take proper account of the IS regs, which describe three ways they can use to determine who is responsible for a child, I issue notice that I will seek judicial review on the basis that they have acted with 'Wednesbury unreasonableness' in refusing to take account of evidence (other than the child benefit claim) of who the child normally lives with, and in refusing to make a decision on a valid benefit claim. The notice should be sent to the DWP's litigation department in London: New Court, 48 Carey Street, London WC2A 2LS, fax number 0207 412 1523. With a copy to the local office. Specify what you want them to do, ie, process the claimant's IS claim and pay their entitlement forthwith, including any backdated amount. The last time I had to do this, the client was paid about £4,000 backdated IS 'forthwith' and £100 compensation by way of apology for the DWP's maladministration.
|