I have a client who returned his application for IB in in April only to be told that they (Glasgow) will not accept the claim as a valid claim and that he must go through Pembrooke Dock call centre.

Is this demand backed up by any law, case law or official announcement?

Thanks for your help.

Absolutely not. On the contrary. Reg 4(6)(b) of the Claims and Payments Regs state that (other than a claim for JSA) a claimant “shall deliver or send the claim to an appropriate office”.

Reg 2 defines “appropriate office” as “an office of the DWP……” the rest of the reg is not relevant to most cases as it mainly concerns crown servants posted overseas.

Therefore any office of the DWP will do, which in practice is usually the claimant’s local office. Refusal to accept a properly completed claim form is unlawful.

In specified areas a claimant may also deliver a claim to a local authority “one” office.

Regards
Paul

Apart from what Paul has identified there is still the procedure available to claimants to download and application form from the DWP website, and submit that.As far as I am aware there has been no changes in the Regulations regarding applications for benefit as long as it is acceptable to the Sec of State. What I believe, is now taking place, is that the Job Centre Plus are becoming an obstacle to impede claimants and completely opposite to what the service was originally set up to achieve "the assistance of claimants"

hello Dan

we are getting a lot of queries about this on our advice lines. The Welfare Rights Bulletin 184 / February 2005 has a really helpful article on page 5 about it all. Tele-claiming is affecting Job Centre Plus not plain old Job Centres so depending on where your client lives and the roll out of JCP you may be affected sooner or later. The law has not been changed so its going to be interesting to see how challenges to the "we want a call not your form" line go. Keep us posted!

Sorry, this isn't very helpful, just a rant. I have a client who has applied for IB through 'CMS', ie fill the form in over the phone, check it, return it, get paid (I just made that last bit up), only to find that DESPITE providing the information as requested, the client filled in the wrong form- "it should have been an SSP1, not an SC1". Sshouldn't the officer making the call from the Jobcentre know what the right form is in the first place? The local office will not let the client pass 'Go' without this, even though the info can be gathered by a simple phone call or even a letter from the former employer. This is a definite worsening of service from an organisation that has not trained its frontline staff in basic benefits.

The SSP1 obviously gives details of wages paid,SSP paid etc.and,as you say,a letter from the employer could do the same.As it was'our' fault that the wrong form was filled in there would seem to be no reason why the office shouldn't/couldn't obtain the info. and process the claim.We haven't been CMS'd in Norwich yet so I don't know what the proper procedure is in cases like this but your client shouldn't lose out because of an office error.

Where JCP operates, any claim forms without the Contact Centre stamp that are received in the office are sent to the C. Centre so that they can do their bit(Appointments etc.).The date of claim would be the same so,again, the customer shouldn't lose out.

Judith

Just to clarify what I think you said - if a claim is received in the local office which has bypassed the call centre, it is sent to the call centre - in our case lowestoft - for them to make an appointment in the office who have just sent the form to them? I assume that the form is then sent back to the office that received it in the first instance.

I cannot see what the call centre would have to do - the information is already on the form, it's already date stamped upon receipt and all the local office has to do is make an appointment for the client.

So why can't the local office just make an appointment there and then with one of the staff? or does the technology not allow any variation whatsoever from the laid down procedure? I know that Lowestoft have electronic access to the local office appointment diaries, but there must be local access as well - surely?

I have just spoken to one of the staff involved with new claims and she says that what I had posted was correct except that we may hold on to the claim form and just notify Lowestoft who would then do the appointment bit. Apparently, if a customer came in to the office to make a claim and was unable to use the 'warm' phones to contact the Contact Centre one of the staff will help--- but they have to go through the Contact Centre! This is because the Contact Centre staff have to ask the claimant some questions before they make the appointment.The only exceptions to this circuitous system are where it is clear that an interview is not necessary. In these cases the local office staff will just pass the claim form to the processing staff.

Just think, when Kings Lynn work comes to Norwich we will have a triangle!

Judith

"The only exceptions to this circuitous system are where it is clear that an interview is not necessary. In these cases the local office staff will just pass the claim form to the processing staff".

I assume then that local office staff have the power to make the decision that an interview would not be necessary?
Would that be a decision made by a front of office supervisor or manager - sorry to ask multiple questions but knowledge of the way in which these things function helps to reduce stress levels to a manageable level.....