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DWP Making a Mess of Son's Claim while abroad
- Dhoyle
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3 years 1 month ago #266593 by Dhoyle
DWP Making a Mess of Son's Claim while abroad was created by Dhoyle
Hi
Firstly, I'm really sorry for the length of this post, but it's a bit of a saga.
My son was awarded DLA from an early age and in April 2020 was awarded PIP 'on an ongoing basis'. Last year, he planned a trip to go and see his girlfriend in the USA and was staying for the maximum 3 months allowed on a holiday visa. We helped him call DWP well in advance of the trip, explaining that he was going to spend 14 days in Iceland prior to going to the US (covid restrictions at the time). It was all recorded and we were told it wasn't an issue (I was aware that you can take a 13 week foreign holiday without your benefit being affected, as long as DWP was informed). He received a letter shortly after to say that his award was ending in Feb 2022! We phoned to see why and also suggested it was something to do with the holiday. No was the answer and that it was some automated letter that we should ignore. Three letters later (along with us phoning), it turns out that it was the holiday causing a problem, but they fixed the issue by removing the end date and telling him to call when he gets back to the UK. No more letters at least.
Things changed and the USA was allowing visitors directly from the UK. We rejigged the flights and he now only had 1 night in Iceland. We informed DWP of the change in plans as dates had moved a little. No letters, which was good.
So he is currently in the USA and expected a payment at the beginning of January and it didn't arrive. His phone is not working in the USA, only whatsapp over WIFI. So we phone DWP and then whatsapp call our son so he can verify his identity and allow us to speak for him (that was fun). We get the standard we will look into it and call you back, which they did, they said the system had his down as working in iceland for three months! We again explained the situation and they told us a supervisor would be looking into it and would call us, which of course never happened. We wait a few days to see if he gets paid, but nothing, so we call again, using the same method. We were told it's all sorted and he would be paid the following Monday.
He got paid and we thought it was over. Bearing in mind that our son being away for three months was as much a holiday for us as it was for him! Imagine our surprise when a large brown envelope drops through the door today addressed to our son from DWP. Technically, we should have left it for him to open on his return on 18th February, good thing we didn't. Inside was a PIP 1021, 'thank you for telling us your needs have changed' form dated 6th January which is the day we called to chase the payment last. It says 'Your PIP may stop if you do not return the form in time or contact us by 6 February 2022'. They know he is in the USA and could not possibly have received this form, completed it and sent it back by then. Also, the date of the form is when we last called, he did not report a change in his needs! He was born with his problems and will always have them, it is extremely unlikely that his needs will change in the future.
For information, he received special assistance for his flights from end to end (organised by us), we handed him over to the team at the airport and he was helped every step of the way, finally being collected by his girlfriend's family at the airport in the USA. Even the overnight stay in Iceland was at a hotel right next to the terminal so he could be helped to get there safely.
Obviously, we need to phone them again, joy of joys. But has anyone got any advice for me? Should I be trying to get this form cancelled? Should we be making an official complaint about the mess they created and how they essentially ruined his holiday and our break from his care? Has anyone else had a similar experience?
Thanks so much for your time.
Firstly, I'm really sorry for the length of this post, but it's a bit of a saga.
My son was awarded DLA from an early age and in April 2020 was awarded PIP 'on an ongoing basis'. Last year, he planned a trip to go and see his girlfriend in the USA and was staying for the maximum 3 months allowed on a holiday visa. We helped him call DWP well in advance of the trip, explaining that he was going to spend 14 days in Iceland prior to going to the US (covid restrictions at the time). It was all recorded and we were told it wasn't an issue (I was aware that you can take a 13 week foreign holiday without your benefit being affected, as long as DWP was informed). He received a letter shortly after to say that his award was ending in Feb 2022! We phoned to see why and also suggested it was something to do with the holiday. No was the answer and that it was some automated letter that we should ignore. Three letters later (along with us phoning), it turns out that it was the holiday causing a problem, but they fixed the issue by removing the end date and telling him to call when he gets back to the UK. No more letters at least.
Things changed and the USA was allowing visitors directly from the UK. We rejigged the flights and he now only had 1 night in Iceland. We informed DWP of the change in plans as dates had moved a little. No letters, which was good.
So he is currently in the USA and expected a payment at the beginning of January and it didn't arrive. His phone is not working in the USA, only whatsapp over WIFI. So we phone DWP and then whatsapp call our son so he can verify his identity and allow us to speak for him (that was fun). We get the standard we will look into it and call you back, which they did, they said the system had his down as working in iceland for three months! We again explained the situation and they told us a supervisor would be looking into it and would call us, which of course never happened. We wait a few days to see if he gets paid, but nothing, so we call again, using the same method. We were told it's all sorted and he would be paid the following Monday.
He got paid and we thought it was over. Bearing in mind that our son being away for three months was as much a holiday for us as it was for him! Imagine our surprise when a large brown envelope drops through the door today addressed to our son from DWP. Technically, we should have left it for him to open on his return on 18th February, good thing we didn't. Inside was a PIP 1021, 'thank you for telling us your needs have changed' form dated 6th January which is the day we called to chase the payment last. It says 'Your PIP may stop if you do not return the form in time or contact us by 6 February 2022'. They know he is in the USA and could not possibly have received this form, completed it and sent it back by then. Also, the date of the form is when we last called, he did not report a change in his needs! He was born with his problems and will always have them, it is extremely unlikely that his needs will change in the future.
For information, he received special assistance for his flights from end to end (organised by us), we handed him over to the team at the airport and he was helped every step of the way, finally being collected by his girlfriend's family at the airport in the USA. Even the overnight stay in Iceland was at a hotel right next to the terminal so he could be helped to get there safely.
Obviously, we need to phone them again, joy of joys. But has anyone got any advice for me? Should I be trying to get this form cancelled? Should we be making an official complaint about the mess they created and how they essentially ruined his holiday and our break from his care? Has anyone else had a similar experience?
Thanks so much for your time.
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- BIS
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3 years 1 month ago #266638 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic DWP Making a Mess of Son's Claim while abroad
Hi DWPvictim
When you ring, I would try and get to speak to a case manager rather than the call handler who generally can't make a decision. You may have to arrange a call back - which could be difficult if you always need your son on the phone.
You may struggle to get them to accept his needs have not changed. Even if a claimant has an ongoing award at any time the DWP can decide to reassess a claimant. They may argue unfairly because he's taken a holiday in 2 countries (one only for a day) that his condition has improved. You have an argument on your hands - best of luck.
BIS
When you ring, I would try and get to speak to a case manager rather than the call handler who generally can't make a decision. You may have to arrange a call back - which could be difficult if you always need your son on the phone.
You may struggle to get them to accept his needs have not changed. Even if a claimant has an ongoing award at any time the DWP can decide to reassess a claimant. They may argue unfairly because he's taken a holiday in 2 countries (one only for a day) that his condition has improved. You have an argument on your hands - best of luck.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- denby
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3 years 1 month ago #266652 by denby
Replied by denby on topic DWP Making a Mess of Son's Claim while abroad
Dear DWPvictim, I have just two words for what they have been to you, enduring a lifetime of caring and having your precious, precious break ruined.
They have been bar stewards.
I hope at least that gives you a wry smile, you deserve so much better than this. Please complain every which way, shame them publicly.
best wishes,
Denby
They have been bar stewards.
I hope at least that gives you a wry smile, you deserve so much better than this. Please complain every which way, shame them publicly.
best wishes,
Denby
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