Non payment - misadministration

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Wobblywalker
Wobblywalker Online Community Member Posts: 2 Listener
Morning all,
Last month I won my tribunal to get LCWRA backdated, 27 months of payments so it's a sizable amount which the DWP are not happy about, they wanted to strip me of LCWRA entirely but the tribunal judge was not having that thankfully.
This month, 26th Aug, we were supposed to get a UC payment which has not arrived, no explanation, no apology...complete radio silence.
I'm self employed, this doesn't go against why I am LCWRA so I cannot be gainfully Self Employed, MIF does not apply etc but DWP set me up a Self Employment review appointment, I told them this was wrong and they cancelled it and removed the payment blocker, they state this in our journal even though we didn't know a payment blocker was in place!!
They have now set my another Self Employment review 28th sept where they want proof of all my incomings and outgoings, I give them this information each month, I have done my tax return.
When my partner rang to ask about our payment the DWP were very vague, they said it would get dealt with but would not give a timeline, they could not offer us an advance because my partner works full time and told us to try a crisis loan or turn to us.
When I rang back to complain I gave my name and the DWP hung up on me!!
Are they allowed to basically hold us to ransom over money that we are owed without cause, explanation or apology?
 

Comments

  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    edited August 2022
    When exactly was the decision made by the Tribunal? you mention last month but no date. Although the Tribunal awarded you LCWRA, DWP have to put that award into payment first before the element is added to your statements each month. It often takes about 8 weeks to put an award into payment after a Tribunal win. Once this is done you will not have to attend any further appointments and can't be found GSF but until the award is in payment you will need to attend the appointments.
    Once your award is in payment they then have to recalculate your past statements to work out exactly how much they've already paid you, against what you should have been paid. They will then owe you the difference between the 2 payments. Once this is done you will receive a letter onto your journal telling you how much they owe and then it will be paid into your bank and take 3-5 working days to arrive once it's paid.
    Did you have your monthly statement this month? If so did it include your usual elements and were your earnings included in that statement? As you're self employed i'm assuming you must have reported your earnings on the last day of your last assessment period because that is what's expected of you.
  • Wobblywalker
    Wobblywalker Online Community Member Posts: 2 Listener
    The tribunal was the 4th Aug, the WCA awarded me LCWRA in February 2022 and DWP said I was entitled to no back dating because this was my first WCA, I had a stroke in December 2018 and when we claimed UC in August 2019 I was put forward for a WCA that never happened due to covid. Tribunal overturned the no backdating decision.
    We received no statement this month, I have reported my self employed earnings as they requested every month
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    After a Tribunal win it can take 8 weeks to pay what they owe you. Can't tell you why no statement was received this month. If you haven't already put a message on your journal under the payment section, you should do that.
    You can also make a complaint about receiving no statement or payment to DWP, details how to that are here. https://makeacomplaint.dwp.gov.uk/

  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    Just wanted to add further to this and apologise for not adding this to my previous comment but was a little side tracked with an issue at home.
    You are correct the the MIF shouldn’t apply to you and you shouldn’t be required to attend any appointments.