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Financial Redress for maladministration

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5 years 10 months ago #212243 by Luzdd001
Financial Redress for maladministration was created by Luzdd001
Hello everyone,

I have been left homeless by the DWP when applying for ESA on the basis of negative residential test which was overturned in court.
As a result I lost everything and was advised to claim a Financial Redress for Maladministration, I went to all the stages of it and now the DWP says there were no maladministration and the Ombudsman believes that the guidance of the decision maker response is over the judge ruling.
I want to challenge the Ombudsman and wonder if an internal guide for the special payments officers could be over the judge decision? I understand that a tribunal resolution is interpreting facts, precedents, law regulations and general speaking the legal framework of the functioning of the welfare system.
Can I find some evidence of that in any law?

than you for your help.
Uz

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5 years 10 months ago #212257 by Gordon
Replied by Gordon on topic Financial Redress for maladministration
Luzdd

I'm not entirely sure what you are asking but an appeal panel can consider the DWP guidance for a particular area as part of their deliberations.

If this wasn't what you were asking can you clarify your question?

Gordon

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5 years 10 months ago #212350 by Luzdd001
Replied by Luzdd001 on topic Financial Redress for maladministration
Hi,

Thank you for responding I will give you a brief explanation as it is quite big issue.

in 2014, I was getting JSA and was advised by my jobseeker assessor to apply for ESA due to an injury, my JSA stopped and also my HB and the claim was denied on residential grounds, as I am alone in the UK I became homeless though the DWP decision was latter overturned by a tribunal reinforcing my rights.

At the beginning when filling the ESA form in part 14 of the form I state the year when I came to the UK (2008)and details that I came for work.

such form also clearly state under part 28: 'What Happens Next'
'we will not be able to deal with your claim and may send your claim form back to you if:
1 YOU HAVE NOT ANSWERED ALL THE QUESTIONS...
2 YOU HAVE NOT PROVIDED ALL THE DOCUMENTS WE HAVE ASKED FOR
They never send the form back nor I was asked for any document.
I was told to ask for a ´Financial Redress for Maladministration´ due to my lost. (I have evidence of everything I am saying and I have sent them everything still my university records)

At that time I was studying a BA degree with a 2.1 predicted mark and planing to do a PGCE. Of course it ruin my life.
I have followed all the steps asked in the ´Financial Redress for Maladministration´ Special Payment Scheme: Policy and Guiding Principles. I have contacted the ICE who didn't investigate my case and final I contacted the Ombudsman who final decision says that:

DWP: A guide for special payment officers has been produced as guidance for DWP staff who are responsible for making special payments decisions.
Page 14 to 15 of the guide explains that to be 'wholly unreasonable' the DWP benefit decision does not normally means that there has been maladministration by the DWP. It describes how the decision might have been changed for reasons other than maladministration for example, if the new decision maker had access to additional evidence that the original decision maker did not have. Therefore, is not normal practice for the DWP to make a special payment when a benefit decision has been overturned. The guide says that the only circumstances in which they would consider giving a special payment for a benefit decision being overturned is if the original benefit decision was 'wholly unreasonable' or 'clearly incorrect'.
The guide says also: 'The claimant has primary responsibility to provide original documentary evidence of their nationality, continuous residence and their qualifying status, throughout the 5 years period within which they wish to confirm that they have met the conditions for permanent residency...bla bla

OMBUDSMAN CONCLUSION: DWP, ICE have done anything wrong, we will not be taking any further action

I find the Ombudsman response quite disappointing and I want to challenge that as I understand the DWP decision was clearly incorrect therefore the special payments officers can't rely on the 'new evidence presented to challenge the original decision'

any advice? can I do something if the Ombudsman says they won't ?

thank you

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5 years 10 months ago #212362 by Gordon
Replied by Gordon on topic Financial Redress for maladministration
Luzdd

You have included a lot of detail but have not explained what happened with the ESA claim in 2014. You say it was denied, did you request a Mandatory Reconsideration? Did you go on to appeal, what happened with these Decisions?

Gordon

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5 years 10 months ago #212384 by Luzdd001
Replied by Luzdd001 on topic Financial Redress for maladministration
Hi Gordon,

yes, the last line in the first paragraph say that the decision was overturned by a tribunal, I took them to court and I won.

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5 years 10 months ago #212385 by Luzdd001
Replied by Luzdd001 on topic Financial Redress for maladministration
I won the mandatory reconsideration trial, sorry if I have been confusing.

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