Hi

I work at Great Ormond Strret hospital, all of my clients have sick or disabled children

Does anyone have any suggestions as how to change the CMS system for IS telephone claims to recognise eligibility through the following routes? - provisions in Schedule 1B of IS gen regs to include:


looking after a family member who is temporarily ill
caring whilst the person who usually cares is away from home.
awaiting processing of a DLA claim.

These claims are always found not eligible by the system and even with my help it takes several months for revisions or appeals to suceed , they all have so far.

Bit of background for you.......

My clients are family members with a sick or disabled child, the child might be an inpatient (often for periods of several months), attend the hospital regularly or receive medical treatment at home. Often medical problems have a sudden onset.

The hospital actively encourages parents to stay with their child whilst in hospital and provides accommodation for this to happen. Couples may split their time between being in hospital and caring for other family members at home or work together to provide 24 hour support.

Obviusly in these circumstances people stop work and can not meet new or existing claims for JSA as they cannot be available for work.

So my question is how can i exert pressure for the CMS to be changed - I can use complaint routes but first I would like confirmation that the system doen't recognise these routes, the operators all tell me it dosent and none of the questions relate to these circumstances. - any contact at the Adelphi?

get the client's MP's on the job....and the press....

Nickgosh,

I had a similar problem with CMS not accepting claims (differnet client situation though) another rightsnet reader pointed me in the direction of CH/1895/2008 p26 reads;

'Another consideration mentioned by the local authority was the fact that its systems and software did not allow it to cope with a dwelling rented from different landlords. I reject that as irrelevant. The systems operated by a particular local authority or the software that it has bought cannot affect the interpretation of the legislation.'

Same should be applied to IS.
Hope this help,
Chaos

Give in, use a clerical form off the internet, and explain on the form which para/reg you are claiming under. Shouldn't be necessary but it generally works.

We've been trying to find an internet site that allows you to download a clerical IS form but have failed. Where are you getting yours from? Thanks!

http://www.direct.gov.uk/en/Diol1/DoItOnline/DG_4017646

Well I am certainly not going to give up, the CMS is the main gateway and there must be many people who do not get help and give up at the first hurdle with pretty bad consequences. This system should work.

Using clerical forms probably wont much difference as the decsion makers nearly always finds no entitlement through these routes either.

Some how I have managed to contact a DWP 'implimentation manager' (what ever that is) who tells me she will find out first if the CMS does miss claims through these routes. I will keep you posted.

I recieved this e-mail today -

Nick

This is being raised as a chief exec case for investigation into the cause of the problems your customers are experiencing.

I will keep you informed as to progress towards resolution.

Regards

Sheree

Sheree Hill
Implementation Manager
Benefits & Fraud Directorate (London)
Tresco House


London Benefit Delivery Change

Chaos or anyone else working in a hospital or similar ( couples providing care at home 24/7) - I would be interested in hearing of any similar problems.

Nick

I'd still get onto the MP

You are right sue, I will do - as clients come from all over southern england will involve a good number of MPs. .

Bit of a bugger that - you'll have to have a standard letter.

What about letter/email to Yvette Cooper MP

http://www.dwp.gov.uk/about-dwp/ministers/

Good idea Sue I am also trying to find time to write up a few case studies for CPAGs submission to commons select committee on DWPs decision making. I am a one man band here so if anyone else recognises similar problems......

What's wrong with sending a lot of e-befs to Citizens Advice as well?

Love that question Ariadne, how long have you got!

I have sent in some e-befs of course but I am just so fed up with the situation that I decieded to do something myself. In my opinion CAB are good at identifying 'bigger pictutre' issues over a period of time but not so good with, what is in this case, is a single technical issue, No doubt some will disagree.

While I am at the few cases which do go to hearing are always on the basis that CIS/866/2004 refers and essentially that is it. A rather poor decision which essentially includes an 'obiter' comment that a disabled person can not be tempoarilly ill. Of course judge Levinson's in CIS/3809/2005 draws attention to obvious weaknesses in such arguements. Still the unconsidered use of CIS/866/2004 appears almost a standard response by the S of S?

We asked our local JC+ how they were dealing with CMS failure to deal with eligible IS only to get a copy of Schedule 1B sent to us - so we made a FOI request. The covering letter contained the following snippet.

"For customers who fall within the category of persons appealing against a decision, there are no specific questions about appealing against decisions. However, in the majority of such cases, a customer meeting this condition will not need to make a fresh claim for Income Support as they will already have been receiving it before making their appeal. In other cases, for example, where the customer had been receiving Incapacity Benefit only, the customer should be advised of their potential entitlement to Income Support by the person dealing with their appeal."

The last part is laughable. Our advice line is regularly hit by claimants turned down for ICB and manoeuvred into claiming ESA only for that to be turned down.

I'm assuming the info received can be shared to whoever. It comprises covering letter, copy of the CMS script and narrative to the script. Don't know if its already available but will email to anyone who wants it.

I