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Forum Home  →  Discussion  →  Benefits for older people  →  Thread

PC o/p rebutting presumptions

Pernish
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Welwyn Hatfield CAB - Adviser

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Joined: 13 May 2014

O/p was SDP - cl states notified and computer note at relevant time from PS states “retirement income coc’s notified within calendar month”. I put this in my submission but PS now filed Add Info arguing this couldn’t have been notification re ending of DLA as that’s “a benefit” and note refers to “retirement income”. PS cite R(CS)1/100 re presumption of public officials acting properly and concludes “the probability that a DM would have overlooked a properly declared change to benefit [ending of DLA] is so small that the best possible explanation for the DM’s failure to take the change to benefit into account is that [cl] failed to declare it”. Should I respond or leave to hearing?

The note says they issued a decision notice but PS say they haven’t got a copy and cite policy re destruction of documents “No one can make any presumptions about what evidence the documents might have contained.” My point is that I don’t think they ever issued the notice as official thought there was no change to PC and failed to pick up SDP payment. Can I ask tribunal to direct PS to disclose more computer records which might show if any such decision letters were actually issued? I’m not sure how to put it in a request..

Edmund Shepherd
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Tenancy Income, Royal Borough of Greenwich, London

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So something was notified. What else happened on that date? Was the only income change the end of DLA? Find out what the change to retirement income was. If there was a change, someone must have looked at it even if just to say “no change to award”.

You can just ask the Pension Service to disclose the information that you want. If they refuse or drag their feet, you can request a tribunal direction to make them do it within so many days.

How long ago is this?

Also, I think the D&CS; is pretty proactive at reporting things to the Pension Service as I think the two bodies come under the same umbrella, so it may be worth seeing if the change to the DLA award was actually reported to TPS at the time or not. You can’t fail to report something TPS already knows. If this did happen, go hunting for caselaw to support this.

Pernish
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Welwyn Hatfield CAB - Adviser

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Exactly what I put in sub - only change was termination of DLA otherwise sole income was basic SRP and PC (no occ pen). But they seem to say presumption is still in their favour…on basis that they couldn’t possibly have got it wrong.

How do I find out if DC&S notified the change? PS have selectively included some of their computer records but these show no contact. I’ve argued this note must refer to cl as it states “within calendar month” which only applies to claimants.

O/p dates from August 2011.

Jon (CANY)
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Welfare benefits - Craven CAB, North Yorkshire

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You can ask the tribunal to make a direction. But also see:
https://www.gov.uk/government/publications/dwp-request-for-personal-information

DWP don’t charge for subject access requests. You can ask for both paper and computer records, and can ask for the records to be posted directly to a third party rep.

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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They might still have the recording of the phone call too. If you know date and maybe even time of phone call you can ask them to look. I’ve been surprised what I’ve managed to get from PS in times passed.