Time limitations for DWP investigations

saffron9

Over a year ago, I was asked to provide around 6 months of bank statements, which I did. This was about exceeding £6K in my bank account for about 4 months - a rule I was unaware of at the time).

Today, I received a call from Universal credit saying they had run out of time to complete their investigations and i needed to resend them the bank statements. This was because they can only store them for a certain amount of time before they have to be destroyed (by law)

Can they force me to do this again? I am finding this extremely stressful. I closed one of the banks 2 years ago and would have to write to them again to request paper copies, get them scanned ( my scanner is broken so would have to do this at the library), then upload them to the UC portal. This could take weeks. I no longer have the original PDFs because my old laptop broke and the data cannot be retrieved.

Surely, if I provided them with the data they requested a year ago, it's their fault and responsibility if it's taken them too long to investigate? It's not as if refused to provide the information. I provided everything requested. They failed to investigate in time.

Can anyone advise?

Thanks

Kimi87

The bank might be able to provide digital statements rather than paper copies.

Or you can use your phone to take photos of the paper copies and submit them digitally that way. I think UC accept jpegs, if not there are apps where you take a photo and it converts into a pdf.

You could try making a formal complaint over their failure to deal with your case in a timely manner.

https://makeacomplaint.dwp.gov.uk/

OverlyAnxious

I'd ask them to provide proof of this law.

As far as I'm aware, GDPR law does not set a specific timescale on data retention. Though there are guidelines of 12 months for some types of personal data.

I'd also tell them you can't get statements from the closed account now and see what they say to that.

anisty

Oh blimy! This is not what i want to read!! 3 months ago, i informed them that there had been under-reporting of capital for a UC account i am responsible for and absolutely nothing has happened so far.

They haven't even asked for statements yet.

So - to learn that it might be another full year after they request the statements is alarming.

I will be sure to take extra copies though; thanks to your post.

Hope it all works out for you . . .eventually!

anisty

Ps also this seems ridiculous that they'd put this amount of stress on you for what could be at maxiumum £700.

If you had close to £16k for 4 months. That's £10k over the 6k.

£17.40 per £000. = £174 x 4 = just shy of £700.

And that's if you were skimming the 16k. I should think you weren't anywhere near that.

Crazy. Hardly worth their while.

saffron9

https://forum.scope.org.uk/discussion/comment/996345#Comment_996345

https://forum.scope.org.uk/discussion/comment/996345#Comment_996345

Thank you for your input. This is so stressful.

saffron9

Thank you. They started this investigation 18 months ago! It followed a repayment I had fought to get for over a year due to them reducing my benefit payments by hundreds because they had overpaid me after THEY failed to stop carers allowance which I had asked them to stop 5 months before my mum passed away because it was making both I and my mum (who I was caring for full-time) 300.00 a month poorer (they took it off her pension credit). I also fought to get that reinstated for her and get the 5 months owing to her repaid. She passed away before I succeeded. It all seems so unfair… and as someone else said, the amount I would have been overpaid, seems hardly worth the man hours pursuing!

saffron9

Thank you. Yes - I was never more than £5/6 K over, so the amount they could claw back would be in the region of £500.00 tops- it must have cost them that in man-hours to pursue it!

saffron9

Thank you. I agree. When I looked this morning, they were asking for 4 years statements ( basically the whole time I have been claiming) and asking for statements for a bank account that I didn't even have until Dec 2022! Even if I had the statements, it would take a day to collate that quantity! An update in my journal is now asking for just the four months again… but it's making me think they are going to go further. I've got nothing to hide, but it's so incredibly stressful.

OverlyAnxious

https://forum.scope.org.uk/discussion/comment/996979#Comment_996979

I had to send nearly a decades worth to ESA. Took several days as well as loads of paper and ink to get it all together. I've been waiting about 6 months without any response. I don't intend to be doing all that again if they destroy it after 12 months.

anisty

What a mess!

My additional problem is that the journal is closed so there's no upload facility.

I put in an MR in Jan to say it was closed in error. Capital never exceeded 16k once COL applied and i hope they will re-open the claim and journal.

What happened in our case, we had 13k capital correctly declared. But there was often unspent money left in the current account which has a fluctuating balance and i never knew i should have checked what was there on AP day and declared.

It has been going on from the claim start, 2019.

I calculated about £2.5k due in overpayments in our case but, if they agree to open the claim at some point, it might cancel out as my son is £670 down on UC every month the claim stays closed.

Fortunately, in his case, he lives as home and has few needs. His activities are heavily council subsidised and he has a free bus pass so this doesn't put him in financial hardship.

18 months though - my God!!!!