Has any one get any ideas as to how I can progress this case?
Client with learning disabilities and registered blind left full time work in 1998, but remained working one day per week. Went to Jobcentre where he was told to sign on for JSA (despite them being aware he was registered blind) and has done so since. ibJSA now ceased as he has capital in excess of £8000 and has done for some time.
My view is that had JC correctly advised him to claim SDA & IS in 1998, he would still be getting SDA now, and would have received appropriate guidance on therapeutic work/permitted work as appropriate.
JC+ are refusing to accept a retrospective claim for SDA - nothing given in writing though.
I have written to GP to see if I can get any evidence from 1998 for approval for therapeutic work.
Is there anything else I should be doing? I feel a bit stumped as to how to take this forward...
Thanks.

The CPAG handbook states

"for all benefits except income support (IS) and income-based jobseeker’s allowance (JSA) there is a general power to treat any written document as a claim for benefit. You may be able to argue that the claim form for the wrong benefit should be treated in that way. Again, if the relevant office refuses to do so, you cannot appeal and your only remedy is to seek a judicial review (see )."

Reg 4(1)SS(C&P)Regs

Good luck.

You could ask for an ex gratia payment. I had a case where someone missed out on Incapacity benefit through misadvice given by the JC. He became unemployed and signed on for contribution based JSA. When this ran out he didn't qualify for Income based JSA due to having a large amount of capital. He continued to sign on for a while to get his credits, until he turned 60 and someone at the JC advised there was no benefit in doing so anymore. This meant that when he became ill and claimed Incapacity benefit his NI record was short by just 2 weeks credits- which he would have got if he'd carried on signing on.

So I asked for ex gratia payments on the basis that he had lost out through DWP error, and they are now paying him the equivelent rate to Incapacity benefit. After I initially made the request they sent out a visitng officer who asked who at the JC had given this advice, and amazingly my client was able to give a name! Not sure how much this would have helped.

Thanks for the advice.