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Top Pension Credit topic #1480

Subject: "Implied consent" First topic | Last topic
Mike Hughes
                              

Senior WRO (Take-Up), Salford WRS, Greater Manchester
Member since
24th May 2004

Implied consent
Thu 19-Mar-09 10:11 AM

We know the guidance. We know the DWP think they can dictate the life of an authorisation as opposed to the person authorising. However, when we ring Pension Centres e.g. Warrington we get

a) request for authorisations even when we've sent multiple ones in per case (they often can't see them on the system, which begs a question as to what the point is!).

b) staff suggesting they have discretion as to whether to go down the authorisation route or ask implied consent questions.

c) a chronic lack of consistency or common sense e,.g. one staff member recently advised that they can provide any info. via the implied consent route except info. about payments, which require authorisations.

There seems general discontent with PS liaison arrangements - not enough people to liaise with and not enough time to do so - so the focus is on actual complaints. Anyone have any ideas how to take this forward? Does it remain a national issue or have things moved on?

  

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Replies to this topic
RE: Implied consent, AmyJ, 20th Mar 2009, #1
RE: Implied consent, nevip, 20th Mar 2009, #2
      RE: Implied consent, Mike Hughes, 20th Mar 2009, #3
           RE: Implied consent, Tony Bowman, 03rd Apr 2009, #4
RE: Implied consent, colin.hannon, 16th Jun 2009, #5
RE: Implied consent, Tony Bowman, 16th Jun 2009, #6
      RE: Implied consent, mike shermer, 17th Jun 2009, #7
           RE: Implied consent, Neil Bateman, 17th Jun 2009, #8
                RE: Implied consent, colin.hannon, 19th Jun 2009, #9
                     RE: Implied consent, shawn, 22nd Jun 2009, #10
                          RE: Implied consent, mike shermer, 22nd Jun 2009, #11
                               RE: Implied consent, Tony Bowman, 23rd Jun 2009, #12
                                    RE: Implied consent, mike shermer, 23rd Jun 2009, #13

AmyJ
                              

Welfare Officer, Royal National Institue of the Blind, London
Member since
17th Jan 2008

RE: Implied consent
Fri 20-Mar-09 09:29 AM

The DWP have issued their own guide for staff when working with customer representatives. (see below). Maybe you could try quoting an extract from it when you come up against this problem. I normally ask to speak to their manager which can sometimes work.

http://www.dwp.gov.uk/advisers/repsguide.pdf

  

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nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: Implied consent
Fri 20-Mar-09 09:51 AM

When dealing with BDC's (and jobcentres previously) I'm often asked "is the customer there with you"? I always reply "no but I've already sent in a form of authority", and I then intimate that the person gets off his backside and checks the file. This usually does the trick (some sort of feverish activity in the background going on).

The situation is far from acceptable across the board, however (Disability and Carers Service excepted - they tend to be far more savvy). Routine failure to record rep's details on the computer screens for the telephone operators to access is sloppy and just not good enough.

  

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Mike Hughes
                              

Senior WRO (Take-Up), Salford WRS, Greater Manchester
Member since
24th May 2004

RE: Implied consent
Fri 20-Mar-09 12:07 PM

Afraid that we're well beyond both of the above responses. They're aware of the guidance and we know it intimately. We have held liaison meetings about this and they're basically not interested in what the guidance says - not least when calls have been farmed out to private agencies or when there's high staff turnover.

The question is really what do you do when liaison doesn't work/happen; when they're not interested in national guidance and when the people answering the phone don't actually have access to the authorisations?

Generally our staff don't have the time to argue. They either cave and fax another authorisation; put the phone down and ring again (even that works rarely now) or don't bother ringing in the first place!

  

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Tony Bowman
                              

Welfare Rights Advisor, Reading Community Welfare Rights Unit
Member since
25th Nov 2004

RE: Implied consent
Fri 03-Apr-09 11:29 AM

Fri 03-Apr-09 01:05 PM by shawn

(Edited to shorten link)

- complain, complain, complain;
- enlist the assistance of your MP;
- do everthing in writing;
- ask your client, where possible, to make the phone calls;
- in extremely exceptional circumstances, I might even consider pretending I was the client.

This is an issue for which, I fear, there will never be resolution. In our experience, liaison is fruitless and wasteful of the time we could be spending helping people and we don't do it anymore.

I just keep bunging in those complaints. Eventually the statistics will demand action - although this news story suggests that even these figures could be being knobbled!:

Number of claimants who say they have complained to the DWP is five times the number recorded


  

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colin.hannon
                              

Welfare Benefits Officer, Helena Housing, St Helens, Merseyside
Member since
03rd Oct 2007

RE: Implied consent
Tue 16-Jun-09 03:13 PM

Hi Mike , what a shambles the Pension Service is turning into a department supposedly there to look after our senior citizens - never
i have a gentleman and his partner who turned 60 ,End of March 2009 made his application for PC and still waiting . The PS state they have never recived my faxed authority and advised me to get my client to ring them as he has never ever done so ( Utter Lie ) He has no income at all and has tried several times along with myself to make an application for a crisis loan over the telephone but line constantly engaged - a paper claim to be now done but even this route is taking weeks . Directed him to his local MP to intevene . I rang PS again today to be told the faxed authority initially sent is no longer valid even though it stipulates 4 months or longer if necessary ? yes they are making up their own rules now . The staff member i spoke to said i must now send a new signed authority every time i contact them ? logic has now gone out the window considering they admited a 3 month backlog petty things like this is gonna compound their alleged problem . I dont know if anything is being done nationally but we must all pull together to get this bunch to get their act together .

I am gonna now try again wish me luck and will let you know how i get on .

cheers Mike

  

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Tony Bowman
                              

Welfare Rights Advisor, Reading Community Welfare Rights Unit
Member since
25th Nov 2004

RE: Implied consent
Tue 16-Jun-09 04:35 PM

We had a Customer Liaison Officer come visit us from PS last week with a team leader.

We were told that the PS is taking disciplinary action against data protection breaches and staff turn over is high. In light of this background information, the approach of front-line phone staff in respect of divulging information and certainly when it comes to implied consent, is more understandable. We have probably relatively low paid workers in probably areas of reasonably high unemployment (sorry Wales that's an assumption) who have real concerns about thier job security. This is a knee jerk reaction to recent high profile data loss cases.

It still doesn't explain other problems though, which we put down, largely, to 'institutional judgementalism'.

  

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mike shermer
                              

Welfare Benefits Officer, Kings Lynn & West Norfolk Borough Council, Kings l
Member since
23rd Jan 2004

RE: Implied consent
Wed 17-Jun-09 08:28 AM



The implied consent policy was introduced in June 2007 and there has been no change in it since. Therefore the same rules apply now as they did then. We were told yesterday at the JCP/CRG forum however that the guidance had very recently been revised and a copy should be winging it's way to us very shortly, which we will circulate as soon as we see it. .

For the vast majority of the time we don't have this problem with either JCP or the DBU's - it just seems to be Pension service - Burnley as well as Warrington.

Mike - I'll email you the name & contact details of the Customer Services manager at Warrington - if that fails (if he's moved on or whatever) I'll also include the details of his equivalent in Burnley.

  

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Neil Bateman
                              

Welfare rights consultant, www.neilbateman.co.uk
Member since
24th Jan 2004

RE: Implied consent
Wed 17-Jun-09 07:13 PM

Wed 17-Jun-09 07:13 PM by Neil Bateman

Based on a recent incident I had, I think that the Working With Customer Representatives policy hasn't been included in the data protection training for DWP staff. This means that new staff don't know about it.

  

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colin.hannon
                              

Welfare Benefits Officer, Helena Housing, St Helens, Merseyside
Member since
03rd Oct 2007

RE: Implied consent
Fri 19-Jun-09 08:17 AM

Thanks Neil , it surely explains why a lot of PS staff are so reluctant to discuss however this should not have be a problem if they have written consent from the claimant which they did twice in my case .

I spoke to a Manager of a JCP Office the other day at a Welfare to Work conference in Liverpool who stated staff were being trained on the job which is not good at all . It is no wonder there are so many fundemenatal errors - again its a knee jerk reaction to the JCP reforms which has come back to bite now we have reached an economic down turn .

regards

Colin

  

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shawn
                              

editorial director, rightsnet
Member since
28th Jul 2005

RE: Implied consent
Mon 22-Jun-09 10:19 AM

thanks to mike shermer / nawra .... here's an updated version of 'Working with Representatives' ...

http://www.rightsnet.org.uk/pdfs/Working_with_Reps_609_rev_upload_June_2009.doc

  

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mike shermer
                              

Welfare Benefits Officer, Kings Lynn & West Norfolk Borough Council, Kings l
Member since
23rd Jan 2004

RE: Implied consent
Mon 22-Jun-09 07:18 PM



....and the day we got the reviswed guidance from the delightful young lady at NAWRA, (who shall remain nameless to preserve her blushes), we got blanked by not one, but two call centre operators who basically said that irrespective of the guidance they wanted us to send in a signed Authorisation - the second, a supervisor had actually phoned us back to say that she wasn't going to disclose any information under the guidance as I had'nt answered the phone with my job title: iwould have to send in an Authorisation. We then asked:-
"could we speak to a manager ?"
"He's not here"
"When will he be in ..can I call back?"
"He's not in today"
"his deputy then?"
"he's not in today either"
"So your'e leaderless then?"
"wer'e being supervised by a Manager from another section"
"Can we speak to him then"
"Hold on and I'll find out"

After five minutes of mind numbing Vivaldi (I think) we were finally given the direct line number of a manager who turned out to be a somewhat older and much more amenial member of staff who clearly had the benefit of many years of experience.....problem sorted in five minutes, which had been preceded by ten to fifteen minutes of fruitless exchanges .....




  

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Tony Bowman
                              

Welfare Rights Advisor, Reading Community Welfare Rights Unit
Member since
25th Nov 2004

RE: Implied consent
Tue 23-Jun-09 08:26 AM

So wasteful of time and resources for all concerned...

  

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mike shermer
                              

Welfare Benefits Officer, Kings Lynn & West Norfolk Borough Council, Kings l
Member since
23rd Jan 2004

RE: Implied consent
Tue 23-Jun-09 08:32 AM



.......That was not the description I would have applied , were I not a gentleman ......

  

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Top Pension Credit topic #1480First topic | Last topic