Wed 09-Jun-10 08:46 AM by Kayce

I have a client who came to the UK as an asylum seeker from Zimbabwe. He's been granted indefinite leave to remain and although it took a bit of time for his documents to come through, he has them now. He was granted indefinite leave on the 13th of March, got discharged from NAS and claimed JSA on the 28th of April.

Unfortunately he's not had any payments yet but I think we got that sorted yesterday. However, while he's been waiting for his money to come through he's applied for three Crisis Loans for living costs:
7th of May - £80 for two weeks until the 23rd of May
24th of May - £14.02 for ONE DAY as apparently the advisor checked the system and it said his JSA would be paid the next day
26th of May - £98 until the 8th of June

Now, his JSA hasn't started payment, apparently it hasn't even been decided he has an entitlement, and the advisor I spoke to at the BDC said two things that concern me:
1) He's had three CLs and can't have any more
2) There's nothing on her system to say his JSA would start on the 25th of May, but the people in the CL office have different information to the JSA people

My concerns, that I would appreciate some clarity on, are:
1) He really can't have any more? One of those loans was for ONE DAY on the grounds of his JSA starting the next day, which it didn't. I would appreciate some clarity on this, as this chap has nothing - no income, no home (the follow on service really dropped the ball), nothing - we have asked for the claim to be processed as urgent and for an interim payment etc
2) Obviously the CL people have a different system. Presumably it lists all the CL decisions and amounts awarded. Has anyone ever heard of a CL advisor having more information on a JSA claim than a JSA advisor? Is this normal? I want to make a complaint, is this justified?

I'd really appreciate any info or clarification on this anyone can provide

I should add, I can't find anything in CPAG about there being a limit on the number of CLs you can have in a period other than the normal 6 month rule. And what is a period anyway? 'Ever'?

It's not clear what the cause of the delay with his JSA is. It may be something simple which theoretically can be fixed quickly...

Crisis loans are not a solution in this sort of case - they just give him a load of debt.

Instead you should be pushing for a Payment on Account under reg 2 Social Security (Payments on Account,Overpayment and Recovery) Regulations 1988. If they refuse to make one, you should then consider judicial review action to force them to pay.

The advisor said she thought it was a document from the NAS confirming the support and so on he's had from them, but she wasn't sure. Luckily he has this and was able to take it into a Jobcentre Plus yesterday who scanned it and a covering letter and sent it via email. So hopefully that's that issue solved.

I've asked for an interim payment - is that what you mean? But if a Decision Maker hasn't actually decided this chap's entitlement yet I'm of the understanding the only thing he can do is go for a Crisis Loan. Obviously I've told him this isn't ideal and I've suggested he try the council for discretionary help.

I've found a bit of info tucked away on the MP for Blanau Gwent's blog saying you can have more than three in a year, but you might have to go to an interview for the fourth one onwards to prove the 'crisis' isn't your fault.

I will look into the payments on account thing though, thanks.

Sorry, confusion. The legislation is entitled "Payments on Account etc", but reg 2 refers to "interim payments". They are the same thing.

It's complete rot for DWP officials to suggest that they can't make such a payment until entitlement is decided (I've heard this said or being said several times) and the regulation clearly allows them to be paid when entitlement hasn't/can't be determined. The relevant Regulation states:

Making of interim payments
2.—(1) ...the Secretary of State may, in his discretion,...make an interim payment, that is to say a payment on account of any benefit to which it appears to him that a person is or may be entitled, or where subparagraph (a) applies, entitled apart from satisfying the condition of making a claim in the following circumstances—
...
(b) a claim for that benefit has been so made, but it is impracticable for it...to be determined immediately;

Thu 10-Jun-10 07:50 AM by shawn

Back on the crisis loan issue though, I wonder if the office are confusing it with this :

Requiring crisis loan living expenses applications to be made in person: New statutory instrument (November 20, 2009)

I'm pretty sure the Inspectors would be upset to find that local offices have decided how many emergencies or disasters someone might encounter over a particular period.

"(Although the new rules will not apply in the case of applications for crisis loans for living expenses where an income-replacement benefit has been claimed but is not yet in payment.) "

That might upset them, too! This is exactly what has happened to the client, it is only the DWP's processing issues that's causing the problem, and yet someone at the BDC JSA office has decided he can't have more than three.

Also the woman in the CL office deciding when his payments would start, despite a Decision Maker not even deciding this.

It never stops, does it?