tactics when a client has missed the migration notice deadline and potential official error

client is a disabled worker getting wtc and HB. they get a migration notice with a deadline of 8th feb.

clients support worker calls to request that the DWP cancel the notice and is told that this will happen…..fast forward and the client gets a tax credit notice saying these have ended as per migration process.

client and support worker go to MP to contact the DWP re this and told notice never cancelled and they wont do anything about it either.

I am going to help the client get a uc claim sorted but the earliest I can do this is 9th of this month.

I am now looking at tactics to get the transitional protection he would have been due had it been a migration claim.

I have considered asking for the uc claim to be backdated for a month due to disability….as I know you can still get TP if you claim within a month of the migration notice end date but I think we just miss that date wise if that was even a route to keep the TP.

I dont think we can ask for an extension as that needs to be done before the deadline date…if I am wrong I would love to hear that.

is there anything I can do with the refusal to cancel the notice that would make a material difference? I think it was issued in error to the extent that he shouldnt have been in the groups to get one when he did and the dwp (I am told) verbally said they would cancel it….but is there anything I can do with that?

a rambling post but it is almost half 6 on a friday and ideally I would want a clear plan by tuesday before making the uc claim.

client is currently dealing with a significant vision issue so he wont be able to make the claim without in person support.

[edit] - my first draft was based on me thinking you were still within time to hit the final deadline, which on second reading I see you’re not. I’ll email you on monday

You’ve probably thought of this, but…..

Is this a case that should have been deferred (according to DWP guidance, not Regs) as the claimant has a visual impairment and suitable Migration Notices have not yet been designed?

Would it be worth taking this up as a discrimination matter, as per the Dr Yusuf Ali Osman case?

https://www.disabilitynewsservice.com/dwp-loses-court-case-over-inaccessible-benefit-letters-but-keeps-sending-them/#:~:text=The%20court%20has%20now%20found,PIP)%20correspondence%20in%20accessible%20formats.

UC hasn’t had a decade to sort its communications out, but has been in development long enough to learn from DWP’s other mistakes - and they obviously knew the MN was inadequate?

Please do post any developments on this; I, and I’m sure others, would be very interested.

Hi Steven

If you email me details via email I could raise it via the stakeholder inbox - particularly if he has requested information in different formats as Andrew highlights

Andrew Dutton - 08 April 2024 12:26 PM

You’ve probably thought of this, but…..

Is this a case that should have been deferred (according to DWP guidance, not Regs) as the claimant has a visual impairment and suitable Migration Notices have not yet been designed?

Would it be worth taking this up as a discrimination matter, as per the Dr Yusuf Ali Osman case?

https://www.disabilitynewsservice.com/dwp-loses-court-case-over-inaccessible-benefit-letters-but-keeps-sending-them/#:~:text=The%20court%20has%20now%20found,PIP)%20correspondence%20in%20accessible%20formats.

UC hasn’t had a decade to sort its communications out, but has been in development long enough to learn from DWP’s other mistakes - and they obviously knew the MN was inadequate?

Please do post any developments on this; I, and I’m sure others, would be very interested.

thanks andrew,

the visual impairment has become an issue after the migration notice was sent and the support worker called and was told the notice would be cancelled so I dont think that one can help the client here.