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Top Income Support & Jobseeker's Allowance topic #4676

Subject: "Rights of DWP to contact employer for info" First topic | Last topic
Mouster
                              

Trainee Legal worker, Aubrey Isaacson Solicitors - Manchester
Member since
22nd Nov 2004

Rights of DWP to contact employer for info
Mon 22-Oct-07 01:18 PM

Cl (on IS/DLA/IB) informs DWP of starting work for 6-hrs week providing full details of income, commencement date etc. DWP writes back to say that they require employers name and address and have suspended cl IS. Cl concerned that any contact from DWP (with employer) might jeopardise employment prospect and also worried about IS being suspended pending provision of the requested info. I've check and cl continues to be entitled to IS (albeit the deduction for income above the £20 disregard), so I don't understand why they have suspended it, is this normal practice or should cl complain about it. Also I remember from the past that cl can ask the DWP not to contact their employer and any information that they require could be provided via the cl from the employer. But I can't remember where I read this so can anyone shed more light here or confirm that they may have such recollection so I know it is not my imagination ! Thanks PM.
PS. What is Income Support COFC (COFC: Chambre Of Commerce or Care of Child or something else)

  

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Replies to this topic
RE: Rights of DWP to contact employer for info, BobKirkpatrick, 22nd Oct 2007, #1
RE: Rights of DWP to contact employer for info, Mouster, 22nd Oct 2007, #2
RE: Rights of DWP to contact employer for info, jj, 22nd Oct 2007, #3
RE: Rights of DWP to contact employer for info, jj, 22nd Oct 2007, #4
RE: Rights of DWP to contact employer for info, Ruth_T, 22nd Oct 2007, #5
RE: Rights of DWP to contact employer for info, jj, 23rd Oct 2007, #6

BobKirkpatrick
                              

Welfare Benefits adviser, Notting Hill Housing Trust, London
Member since
18th Feb 2004

RE: Rights of DWP to contact employer for info
Mon 22-Oct-07 02:39 PM

Change of circumstances?

  

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Mouster
                              

Trainee Legal worker, Aubrey Isaacson Solicitors - Manchester
Member since
22nd Nov 2004

RE: Rights of DWP to contact employer for info
Mon 22-Oct-07 02:59 PM

DOW ! I need to order a new brain.

Any input on the other points will be appreciated.

  

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jj
                              

welfare rights adviser, saltley & nechells law centre birmingham
Member since
21st Jan 2004

RE: Rights of DWP to contact employer for info
Mon 22-Oct-07 03:32 PM

CoC is change of circumstances, COFC might be change of financial circumstances, other than that i don't know - let me guess - was this on the suspension notice to client? (he got a suspension notice? eeh, luxury!)

there was at one time a concept of not disrupting benefit payments without good reason, and also the concept of payments at a safe rate. i know... it sounds funny...
with the details of earnings and hours provided it is possible to calculate as you have done, whether the c/circs will remove entitlement or reduce it...this might sometimes entail sitting down with paper and pencil or calculater...but confirmation in the form of a payslip or equivalent is usually required...

the high priority concept of not leaving people without payments would enable c/o/c to be be processed pending confirmation - sometimes people would have difficulties with payslips on first starting a job...if it turned out the claimant had lied eg earnings were £70, not £30, the overpayment would be recoverable, so a 'safe rate' is a safe rate...(on part time earnings, the date payment is received is the relevant date, not the date work commenced btw)

if anything remains of these concepts, it is no longer high priority and is probably in fragmentary form, like aztec pottery... i suspect that 'the process' is not conducive to assessing a c/o/c which is in a sense provisional, and this is why they have just suspended the lot...because it is easier for them, although i very much doubt that there is anything to prevent processing of the reported change in circumstances...so yes... i think you could complain...suspension is unnecessary, but i suspect, becoming 'normal' (another push button effect)

will your client be able to provide a payslip?

you are not imagining that the DWP should normally respect your client's wishes not to contact his employer...he is entitled to confidentiality and is not obliged to tell his employer that he claims benefit. they will in any event, usually place the responsibility on the claimant for providing the confirmation of earnings details they need...but it shouldn't hurt to make his wishes explicit...they can seek earnings info from employers if they have reason to suspect they have not been declared correctly, but this doesn't seem likely in your client's case... it's just much easier for them just to stop paying him until he gives them what they want...this is confirmation of his gross pay and deductions... they might want confirmation of his commencement date if they are very suspicious, but name and address of employer isn't strictly speaking required for determining entitlement...

there does appear to be a number of internal conflicts in the system, but i expect they will eventually be resolved when the government has the technology to suck out our brains and the power to chip and pin us at birth.

jan

  

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jj
                              

welfare rights adviser, saltley & nechells law centre birmingham
Member since
21st Jan 2004

RE: Rights of DWP to contact employer for info
Mon 22-Oct-07 03:34 PM

doh! another dead fish reply (wrt c/o/c) : )

  

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Ruth_T
                              

Volunteer adviser, Corby Welfare Rights Advice Bureau
Member since
03rd May 2005

RE: Rights of DWP to contact employer for info
Mon 22-Oct-07 06:34 PM

Is it possible that the clue lies in the fact that the client was receiving IB (or credits)? Any work done, even within permitted work limits, raises the question in the eyes of the DWP as to whether the client continues to satisfy the PCA criteria. If sole ground for receiving IS was incapacity for work, then they will suspend pending a new PCA.

  

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jj
                              

welfare rights adviser, saltley & nechells law centre birmingham
Member since
21st Jan 2004

RE: Rights of DWP to contact employer for info
Tue 23-Oct-07 09:06 AM

if that is happening, i don't think there is any legal authority for it, and it would defeat the purpose of reg. 17. i would definitely complain.

  

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