Before I make a fool of myself (again!).........

If someone has a claim to benefit (lets say ICB/IS on basis of IOW) in process and then makes another claim because of a change in circumstances, can the DWP refuse to even entertain the second claim? What law allows their telephone "agents" to refuse to allow the claim even to go before a DM?

I've mentioned this case before but cannot locate the thread, but this is a slightly different angle I think. We are in the midst of an ongoing complaint with the DWP. They are saying their "agents" were corrrect in refusing to allow client to put in a new claim.

Circs of case: Cl failed PCA in Aug 2007. Did not appeal. Worsened in Nov 07 and reclaimed. Refused as not considered significant worsening. Appealed. No benefit is being paid at this point. Tried to reclaim Feb 08 as this was over the 6 months from original failure. Telephone claims would not allow him to make a claim. Had a medical April 08 and passed this, then IS paid from Nov 07.

Point is, he went from Nov 07 to April 08 without money. His second claim was different to the first as under Reg 28 (SSIOWG 95) he would be deemed IOW until goes through a medical, not he will be IOW if he passes a medical.

We are helping with a complaint and DWP are saying their telephone "agents" can refuse to entertain a new claim while one is in process. I dont think this is right but would be interested in others opinions on this, thanks.

Once a decision is made on it a claim ceases to subsist (section 8(2)(a) Social Security Act 1998). A person has perfect right to make a new claim after the decision. If benefit was refused on the first claim then a new claim must be accepted and processed in the usual way (or treated as an application for revision). If benefit was awarded on the first claim then a new claim should be treated as an application for a revision or supersession of the awarding decision.

If a second claim is made while a decision is still outstanding on an earlier claim then the second claim should be treated as an amendment to the earlier claim.

Any attempt to interfere with or block this process amounts to, in my view, maladministration.

That's good enough for me! Many thanks.