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DWP dirty tricks?
- ELEANOR
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3 years 7 months ago #264033 by ELEANOR
DWP dirty tricks? was created by ELEANOR
My daughter made a claim for PIP in January 2020. I am her appointee. We are at the appeal stage. The first tribunal was postponed because of mistakes made by the Courts and Tribunal Service, the second was postponed because my daughter's GP had not sent her medical records and the third was postponed because my daughter was sectioned under the Mental Health Act and was in hospital. She has been discharged and is living with me and her dad. I have been given a new date for the tribunal of October 8 and my daughter does not have to take part. Yesterday I received a call from the DWP asking for more information about her section. I told the caller that the claim was at the appeal stage and was being dealth with by the Courts and Tribunal Service, in which case I did not think I should give the DWP any information. She told me that the DWP can still change the decision. I asked her to put that in writing. Today I have received a letter asking for that information. Am I right in thinking that this is a dirty trick? Am I obliged to give this information?
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- LL26
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3 years 7 months ago #264039 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic DWP dirty tricks?
Hi irisheyes,
It is easy to think that DWP might be trying to hoodwink you. However, DWP can perform an any time revision, which means they can revise the points and give and award if merited. Whenever documents ie new evidence is received DWP should consider this and decide whether they can revise. Maybe DWP are thinking about doing this?
Alternatively, if your daughter already has an award of PIP or even ESA then they may wish to know about hospital stays. Benefit normally gets cancelled during stays of more than a month and will be paid again after discharge. Stays of less than a month don't affect benefit.
As with all these things, it is tempting to go down the conspiracy theory. But you will never know! Maybe phone them and ask. This will give piece of mind. If they want to discuss the evidence as opposed to hospital stays etc ask them why. Record the conversation and or make a full note. Get the time and advisor's name. You can always pretend there is an urgent distraction, eg delivery man or repair man etc to end the call if you need to!
I hope this helps.
LL26
It is easy to think that DWP might be trying to hoodwink you. However, DWP can perform an any time revision, which means they can revise the points and give and award if merited. Whenever documents ie new evidence is received DWP should consider this and decide whether they can revise. Maybe DWP are thinking about doing this?
Alternatively, if your daughter already has an award of PIP or even ESA then they may wish to know about hospital stays. Benefit normally gets cancelled during stays of more than a month and will be paid again after discharge. Stays of less than a month don't affect benefit.
As with all these things, it is tempting to go down the conspiracy theory. But you will never know! Maybe phone them and ask. This will give piece of mind. If they want to discuss the evidence as opposed to hospital stays etc ask them why. Record the conversation and or make a full note. Get the time and advisor's name. You can always pretend there is an urgent distraction, eg delivery man or repair man etc to end the call if you need to!
I hope this helps.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- ELEANOR
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3 years 7 months ago #264053 by ELEANOR
Replied by ELEANOR on topic DWP dirty tricks?
I'm confused. Should I return the form or not? If I return the form might I End up making things worse for my daughter? I'm thinking that she might get more points if we wait for the tribunal.
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- Gary
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3 years 7 months ago #264085 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic DWP dirty tricks?
Hi irisheyes
I do not see an issue in returning the form, just make sure you fully explain why your daughter was sectioned.
If DWP make an offer and you are happy with the offer then accept it, if you don't like what you have been offered then don't accept it, explain to DWP why you don't accept the offer.
Gary
I do not see an issue in returning the form, just make sure you fully explain why your daughter was sectioned.
If DWP make an offer and you are happy with the offer then accept it, if you don't like what you have been offered then don't accept it, explain to DWP why you don't accept the offer.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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