Benefit advice for Age Concern Torbay, Age Concern Torbay Paignton Devon Member since 07th Feb 2008
Backdating a suspended PC award Wed 08-Jul-09 03:28 PM
In 08 client was asked by council why he wasn't claiming PC. Said he was but it was just a credit for his NI stamp. He had been told to stop claiming IS in 2005 and to claim PC. At about same time he moved house. He went home , opened mail and found an award notice. Paid 3 weeks and no more. 2 hour phone call to PC established they had suspended benefit and this probably because he had not responded to two letters and then after a time the payment was stopped .They had no records going back to 2005. Client has all his benefit letters but none relating to the 2 assumed to have been sent. PC visited and advised they had full details to support entitlement going back to 2005. Visitor advised she was sure he would get 12 months backdated because he made contact within old backdating rules. Also advised him to challenge if they did not go all way back . Visiting officer said she felt as there was a 3 inch pile of papers to look at they would take easy option and only backdate 1year. This happened and client asked us to help with appeal.Case is also muddied because between 05 and 07 JCP called him for medicals and sent WFpayments! When he eventually queried it he was told there had been a mistake. I threw this into the appeal as it seems like the left anfd right hands of DWP failed to talk to each other. Client is in poor health and seems naieve about benefits. He says during period of suspended benefit he reconciled with wife who has small non profit making B& B ( which PC visiting officer saw accounts for) and they lived daily on her takings. Appeal sent in Feb 09. Chased up in April. Client rang Newcastle appeals who advised it had been sent to Swansea 12 5.08 marked incorect decison and he should have had a letter explaining options. None received by client or me. Appelas officer unhelpful and advised client the incorrect decison was not in his favour and implied they should not have given him 12 months arrears but only 3 months. Said it was closed appeal as far she was concerned and to take it up with Swansea. I contacted call centre who will ask Swansea to respond in 10 days and then we can push it via Customer Relations team. So has the client lost out on his appeal here? And am I barking up the wrong tree thinking a suspended and then stopped payment could be considEred for backdating? Help!
Adviser, Citizens Advice Shropshire Member since 27th Jan 2004
RE: Backdating a suspended PC award Wed 08-Jul-09 03:44 PM
How did the appeal come to be closed? Once an appeal is accepted there are only a few things that can happen: decision revised in client's favour so appeal lapses, tribunal, appeal withdrawn, etc - so which was it?
Benefit advice for Age Concern Torbay, Age Concern Torbay Paignton Devon Member since 07th Feb 2008
RE: Backdating a suspended PC award Wed 08-Jul-09 03:59 PM
No idea! Appeals officer said as it was an incorrect decision it had been sent back to Swansea and they would send a letter. No letter sent and nothing on computer. Waiting on a call back,