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Confused about whether to make DWP complaint

PrincessRuby
PrincessRuby Community member Posts: 37 Connected
edited December 2021 in Universal Credit (UC)
Hi,

I’m hoping someone can help advise me and point me in the right direction. 
I’ll try and cut a long story short - I was receiving IR ESA for a number of years up until Nov 2020 when my husband started working. I was informed via a phone call that I was no longer eligible for any benefits and that my husband now had to financially support me, they did advice I apply for PIP. I applied the next day and after the assessment etc I now receive the enhanced rates for both elements. 
EDF passed my details to income maxx and cab, income maxx did a benefit calculator and told me I was in fact entitled to UC, but the carers element (for my husband) and the LCWRA element too, I put the claim in that day (14/09/21) and will receive my decision on the 15/10. I have provided a fit note too.
Someone phoned me to confirm my identity and he informed me that my ESA is still active but a credit only claim. 
My questions are, as I was misinformed can I lodge some sort of complaint as for almost a year we could have claimed UC for these elements but due to the bad advice given by the DWP we didn’t. 
CAB have advised me to make a complaint and to ask for compensation? 
Also, what is the likelihood of them placing the LCWRA element on from the beginning? Both income maxx and CAB have said they should, especially with a credit only claim still active, my PIP award and my fit note too. I know PIP and UC/ESA aren’t linked though. 

Hope that all makes sense and really hoping someone can advise me. 


Comments

  • poppy123456
    poppy123456 Community member Posts: 53,319 Disability Gamechanger
    HI,

    When you ring DWP you are actually ringing a call centre. They are not benefits advisors, they simply read from a screen. They wouldn't have known anything about your circumstances, or how much your partner was earning so i'm not sure why you went to them for advice to start with.
    Usually when you transfer to UC from ESA you must do this within 1 month and then your Support Group award would transfer to UC and you would receive the LCWRA element from the start of your claim. I'm not sure whether this would be the same for you because they was a gap in your claim. Hopefully someone else will see this and give some further advice.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    Whoever gave you that advise at the DWP was at fault for offering advice - it's not their role as DWP are not benefit advisers. You can make a complaint and seek compensation if you wish - I have no idea what chance you have of success.

    If you were still getting NI credits on the basis of having LCWRA (ESA Support Group) then the LCWRA element should be applied to your UC claim from the start. Did you make it clear to UC that you are getting NI credits on the basis of having LCWRA when you applied. (You are correct that this has nothing to do with PIP)
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • PrincessRuby
    PrincessRuby Community member Posts: 37 Connected
    Hi @poppy123456

    Thanks for your reply. I didn’t actually phone the DWP for advice, I was advised of that when I phoned them to tell them my husband was starting his work. They took how much his wage etc was and told me I wasn’t entitled to anything anymore and to apply for PIP. 
    It was only Tuesday I found out my ESA claim remained active but credits only too.

    Yes that makes sense about the support group element, CAB advised if that is still active alongside the credits only claim then they should still be able to link it.



  • poppy123456
    poppy123456 Community member Posts: 53,319 Disability Gamechanger
    It's quite possible they were talking about your ESA rather than UC.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • PrincessRuby
    PrincessRuby Community member Posts: 37 Connected
    @calcotti thanks so much for your reply.
    I guess the chances are pretty much slim to none. I don’t know if it’s worth complaining about as I wouldn’t want it to affect the UC claim in any way. 

    I didn’t make them aware when I applied for UC about he credits only claim as I made the claim last week and only found out it was active on Tuesday when I had my biographical appointment, by chance I found out as I asked a question.
    I did inform UC when I made the claim though that I had previously been on ESA in the support group and in receipt of PIP too (although I know PIP isn’t relevant for the LCWRA element but it is for the carers element). 
  • PrincessRuby
    PrincessRuby Community member Posts: 37 Connected
    It's quite possible they were talking about your ESA rather than UC.
    It’s more than likely. I know I asked if could claim anything else because I can’t work due to ill health and she said no. But like you’ve said, they’re not benefits advisors.

    I’m kicking myself I didn’t get in contact with CAB etc sooner with it all but I’m pretty clueless when it comes to the benefits system unfortunately :( 
  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    PrincessRuby said:.I guess the chances are pretty much slim to none. I don’t know if it’s worth complaining about as I wouldn’t want it to affect the UC claim in any way. 
    Making a complaint should have no impact on your current UC claim.
    PrincessRuby said: I didn’t make them aware when I applied for UC about he credits only claim as I made the claim last week and only found out it was active on Tuesday when I had my biographical appointment, by chance I found out as I asked a question.
    Do you mean it wax the JobCenre person carrying out the UC interview who told you? If so that means they know and should make the link.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • PrincessRuby
    PrincessRuby Community member Posts: 37 Connected
    I always get worried that things like making a complaint will “rock the boat” so to speak…but that’s anxiety for you!

    Yes it was the biographical interviewer that told me about the credit only claim as I asked if I’d have to get another fit note when the current one ends towards the end of November. 
  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    PrincessRuby said:..Yes it was the biographical interviewer that told me about the credit only claim as I asked if I’d have to get another fit note when the current one ends towards the end of November. 
    A few days before your payment date DWP will upload a statement to you UC journal showing how much they intend to pay you. Based on what you have said the calculation should include the LCWRA element. If it doesn't post a note in your journal stating that because you were in receipt of NI credits on the basis of LCWRA you understand the LCWRA element should be included.

    I assume that your husband has declared that he cares for you so that the carer element will be included for him.

    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • PrincessRuby
    PrincessRuby Community member Posts: 37 Connected
    I think that’s the 15th October and then the payments should start on the 19th. 
    Thank-you for the advice, hoping they apply it but if not I’ll write on the journal part. 
    Yes my husband has stated he cares for me. :)
  • PrincessRuby
    PrincessRuby Community member Posts: 37 Connected
    @Username_removed
    Thank-you for your reply. 
    Have you any idea of how long the complaints process takes, or is it how long is a piece of string situation?
    I obviously haven’t got any evidence to prove that I was advised that, but I think it was the 11th November my ESA stopped and my PIP claim starts on the 12th. 
  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    Have you any idea of how long the complaints process takes, or is it how long is a piece of string situation?
    I think lengthy at the moment because dealing with complaints is being given lower priority than dealing with live claims. see
    https://www.gov.uk/government/organisations/department-for-work-pensions/about/complaints-procedure
    Are CitA helping you to write the complaint?
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • PrincessRuby
    PrincessRuby Community member Posts: 37 Connected
    Thank-you for that link. I had a quick look at it last night but really wasn’t any the wiser.
    I’m hoping they help me to write it. The people I needed to speak to for it weren’t there yesterday late afternoon, so I’m to contact them again today. 
  • PrincessRuby
    PrincessRuby Community member Posts: 37 Connected
    Just an update…I have spoken with CAB using the online chat (how I’ve been in contact with them). 
    So, she didn’t help me draft a letter but she did give me some points to make sure I include in the complaint (how it has affected my mental health etc). 
    She also advised me to put in there about a judicial review?! 

    I’m just wondering if anyone knows if that advice is correct? 
    As from a quick Google search, I’m not sure.

    So sorry to keep bothering you all but your knowledge is immense and hopefully can help me with this. 
  • Alex_Alumni
    Alex_Alumni Scope alumni Posts: 7,562 Disability Gamechanger
    Hi @PrincessRuby I'm sorry no one has replied to your latest post here, please accept our apologies.

    How have you been getting on since September?
    Online Community Coordinator
    Scope

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  • woodbine
    woodbine Community member Posts: 11,519 Disability Gamechanger
    the poster hasn't been on the forum for ten weeks now.
    2024 The year of the general election...the time for change is coming 💡

  • PrincessRuby
    PrincessRuby Community member Posts: 37 Connected
    @Alex_Scope hi, thanks. I was actually admitted to hospital a few weeks after posting that and had completely forgotten about it once home.

    I went ahead with a complaint, but the person dealing with it advised that because there was no phone recording made of my phone call then nothing could be done about it. 
    Was disappointed but with both my mental and physical health not in the best way, I didn’t think much more could be done.

    Thanks for checking in though :smile:
  • AndrewHall
    AndrewHall Community member Posts: 230 Pioneering
    @Alex_Scope hi, thanks. I was actually admitted to hospital a few weeks after posting that and had completely forgotten about it once home.

    I went ahead with a complaint, but the person dealing with it advised that because there was no phone recording made of my phone call then nothing could be done about it. 
    Was disappointed but with both my mental and physical health not in the best way, I didn’t think much more could be done.

    Thanks for checking in though :smile:
    All calls to DWP are recorded and you should insist for a copy. Make a complaint but don't take it to heart. See it as a service so other people will not suffer poor service by DWP 
    Never allow DWP assertions to define you. They never have evidence of your true circumstances.
  • PrincessRuby
    PrincessRuby Community member Posts: 37 Connected
    @AndrewHall
    I did make a complaint. I wrote a letter and sent it to the DWP complaints department and that’s who passed on that to me. 
    I queried it when he said that the call wasn’t recorded as I remember the woman telling me that the call was being recorded.
    He went on to tell me that it was due to covid and as they were working from home. The phone call was Nov 2020.

    I’m not sure if I can take the complaint further? 
  • Alex_Alumni
    Alex_Alumni Scope alumni Posts: 7,562 Disability Gamechanger
    You're welcome @PrincessRuby thanks for explaining, I'm sorry to hear you had conflicting statements about whether the call was recorded from the DWP at the time. The only thing I can suggest to help answer your question of whether to take the complaint further is to get some advice from AdviceLocal or perhaps citizens advice, to see if it's worth pursuing. 

    @woodbine thanks, we're working through all the unanswered discussions in the forum to check that support and advice has been offered where we can :) 
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    Scope

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