Backpayment from the DWP.... subject to more questions??? what???

tgTg

Has anyone else had to answer weird questions from the DWP before it agrees to make backpayment after a tribunal?

I had a tribunal judgement providing me my entitlement; though when I called the DWP, it has insisted on asking 'budget' related questions before it would agree to provide me my entitlement

Thats weird to me - to ask me about a sensitive assessment related activity as a pre-condition to giving me what i am entitled to (as ruled by the social security tribunal). 🤷‍♂️

Its a strange thing to do considering the DWP has no formal duty of care for anything anyway, so i'm asking if anyone else has experienced the same thing, and what they thought about being asked for this re-engagement by the DWP

thanks very much 👍

OverlyAnxious

Hi,

I haven't heard of this before.

It is standard to ask whether you can handle a lump sum or whether you would prefer a few smaller separate sums but it sounds like your questions were more personal?

tgTg

yes, thats the question

for context, i have little faith in the dwp : i was given a 'nil' score at initial decision and mandatory reconsideration - something clearly wrong and based on false conclusions. i was validated in my belief by being awarded the Enhanced Rate of Daily Living for an indefinite period by the Social Security Tribunal

the issue is that this same question seeks a re-engagement on the 'budgeting' exercise : that creates a potentially compromising record on the dwp's system regarding a sensitive assessment activity. the DWP has also gone to great lengths to have no duty of care towards disabled people

theres something wrong with asking someone to compromise their own claims / reassessments in order to (in the short term) access the entitlement that they have already been awarded by the courts. theres something wrong with this imo : it is for me, though i don't know how other people on this forum feel about this 🤷‍♂️ maybe people aren't bothered, or dont notice this. i'd like a better understanding about know how people on these forums feel about this

it definitely bothered me

@Rosie_Scope - any thoughts?

@Albus_Scope - any thoughts?

OverlyAnxious

Many claimants prefer to be paid in smaller sums rather than getting the lump sum. That is due to their difficulties with budgeting and this question has only come about because enough claimants complained about getting large lump sums in the past. This hasn't been instigated by the DWP.

Sadly Albus passed away recently and will not be able to respond. I'm sure Rosie will respond when she next logs in.

Rosie_Scope

Hi @tgTg, my understanding is that this doesn't impact the result of your assessment in any way even if you've scored points for the budgeting descriptors. But I can understand the total lack of faith in the DWP after your (and many others) experiences.

As far as I'm aware, it's a separate question designed to make sure that claimants can handle any back pay should they have issues budgeting. It's not there to assess you further for your PIP and I'm not aware of any instances of this affecting future assessments. I wouldn't want to confirm that for certain, I've just never come across it before in my time at Scope.

Glad to hear you've received your indefinite award after all. The system is definitely not perfect by any means and it's horrible that so many have to go to tribunal to get their awards.

tgTg

Hi @Rosie, Hi @OverlyAnxious

Thanks alot for your messages. I understand the purpose of asking : but to block the payment subject to answering the question - thats weird to me. Its weird when the DWP has gone to great lengths to not have any formal duty-of-care to disabled persons, and then claims to have an informal 'moral' duty-of-care when it comes to blocking payments subject to what is a 'loaded' question

Honestly, I am really not convinced here. So I'm going to find out more about this 'thing'

Whilst some people may well be happier asking for this measure to be in place, I don't think it serves the majority of people. In waiting nearly 18months from assessment to tribunal, I would reasonably have expected many people to have incurred debt that needs paying, and therefore needing the funds to arrive soon - notwithstanding any genuine issues with the 'budgeting' activity. The blockage that the DWP is putting here seems wrong to me. I really don't think pressing for an answer to an assessment-related question is appropriate when a person refuses to answer a 'loaded' question in the absence of any duty of care. When this was also explained at length to the DWP on a call, it becomes obstructive. I will have to see some sort of evidence that this is warranted…. its remains weird to me

** I am very sorry to hear about Albus 😔. That is very sad. I'm sorry for anyone here that was close to him **

thanks for your responses, and I'll provide some comments where when I find out more about this

all the best -

Tgtg

rubin16

The thing is while it does not suit you, others may find it invaluable to have it in smaller lump sums. DWP has a duty to ask everyone regardless just incase they may need the service. It is hardly blocking your payment, more so just confirming how you'd like to be paid and make sure your okay with having a big lump sum.

Also PIP is not something you should 100% rely on getting when applying, as its not a benefit in which people are instantly awarded or entitled to straight away. Only when assessed are you entitled and theres always chance of no award given.

jw68

The DWP have become a rogue organisation IMO.

Twice they have broken their own protocols to stop my benefits.On both occasions i have had to appeal all the way up to Tribunal level.On the day before both Tribunals the DWP relented and re-instated my benefits,without my having to attend said Tribunals.

Their behaviour was both clumsy and brazen.They have gone from not volunteering information about benefits available,to actively breaking their own rules and stopping benefits that a claimant(myself) was entitled to.On both occasions they called their "error" an "oversight."

THEY TOTALLY AND UTTERLY CANNOT BE TRUSTED.

tgTg

@rubin16 i am not entirely sure what you are stating here : the dwp is welcome to ask whatever it likes. and when someone says 'i dont want to answer your question as it may compromise my future assessments, please pay this amount in full to me' and the dwp continues to block a payment against that persons express wishes. thats the exact definition of 'blocking a payment'. you do whatever you are happy with, but i dont think this is appropriate behaviour and would caution everyone reading this message to take a moment to think about what is happening in the situation

rubin16

https://forum.scope.org.uk/discussion/comment/1085927#Comment_1085927

I am so confuzzled, excuse me a moment I need a moment for this response. That literally killed every logical cell in my brain.

rubin16

Nope its not happening, no matter how many hard strong meds i've had this morning I'm still not seeing the logical sense.

So you've gone through the whole stress of pip for months all the way up to tribunal, and when DWP just want to double check things like how you'd like to be paid, and confirming other details like your account details (Which they do for everyone due a large backpay), you refuse to answer delaying yourself even more.

DWP arn't blocking your payment, You yourself are blocking your own payment.

Just doesn't make sense.

tgTg

@rubin16 😃 have more meds

to help you understanding : i have already been to a tribunal (and have an excellent award that i am happy with). the dwp subsequently blocked the payment on three separate occassions (one time admitting the problem on the phone and promising to issue the payments soon and then reneging after the phone call) whilst not accepting a 'prefer not to say' response. thats a block on my personal possessions under tribunal order with no reason (no duty of care)

to everyone reading this thread + @Rosie_Scope: this is an interesting problem - and more serious than it appears at first blush - i'm currently waiting for a response from the DWP Legal Team (that team released the payment to me almost immediately after i contacted it with my complaint). I'll provide an update here soon

** i have a sense that some people on this forum have begun to accept this kind of behaviour as normal : imo, its not - in fact is it very far from okay. i'll finish my inquiry and provide an update here for all scope_forum members **

(@rubin16 - are you able to make more sense of this now?)

Chris75_

I understand what you said, but wonder if it wouldn't be better to get the money, then complain?

tgTg

@Chris75_ : i already have it. the DWP legal department transferred it to me almost immediately when i raised alarm bells on the problem. to me the two are inseparable : complaint about the nature of the blockage and the transfer of funds to me

its good that you're interested in this problem. i'll provide an update here again soon

tgTg

rubin16

https://forum.scope.org.uk/discussion/comment/1086067#Comment_1086067

Then I open heartily apologise for not fully understanding what you meant originally, I thought you were talking about the usual call you get, whereby they ask how you'd like to be paid and double check your account details before issueing payment. Thats why I was confused.

I'm sorry for that.

I'm glad you have finally got your payment, you're right it is completely out of order and illegal. They can only withhold payment if they are seeking to appeal.

Let us know how you get on, take care.