Dodgy DWP letters

Just been contacted by one of our Generalist Service, apparently we’ve had a few clients in bureau with letters from the DWP which state that the Uk Border agency have told them to stop paying the claimants benefit. There are no rights of appeal on the letter. One of my colleagues phoned the Border agency who stated they didn’t have the power to do this, they then phoned DWP who were unwilling to discuss this other than to say the UK Border agency had told them to stop paying said claimants benefit.

I’ve not seen the letters and one of the claimants is coming back to bureau today, I’ve asked for the letter to be passed to me.

Does anyone have any ideas about whether this is happening anywhere else? What do you think is the best way challenge this? Any thoughts would be gratefully received.

Have not come across your type of letter, but maybe it is somehow linked to this http://www.rightsnet.org.uk/forums/viewthread/3706/    , where my client was asked to provide proof of his status. The letter gave UKBA email address for status validation for those without the required documents.

I’ve now got further details and these are as follows:

Client is a British Citizen. She did not have any paperwork apart from a handwritten note with the UKBA contact details on that the JC+ had given her.

the notes read as follows:

“She did not receive her fortnightly payment on 23/10/12. She went to the
JC+ the next day and was told that she needed to supply a copy of her
passport. She states she did this in September. She sent another copy on
26/10/12. She was then told the UK border agency needed a copy of the form.
She telephoned the UKBA and was told they were not concerned with the case.

Called back. Was told that ESA had been stopped on the instruction of the
UKBA on 8/10/12, that it was a new law and JCPlus was powerless to it.
Payment could not be restarted until the UKBA has instructed them to do so.

Contacted UKBA on 0161 8884132 and spoke to Jonathan Barnett. He was baffled
as to why JC+ is stating this as UKBA have no jurisdiction over British
Citizens. He was willing for his name and contact details to be passed to
JC+. Telephoned JC+ again. Explained UKBA’s stance.
Asked them to contact UKBA to clarify the situation and contact Cl.
Was told they will do this and call the Cl back by 4:30 this afternoon.

Obviously I’m weaiting for the outcome on this but if anyone has any ideas they would be gratefully received.

This may be an issue to refer to your clients MP to take up as a matter of urgency?

This sounds like someone in DWP misinterpreting an internal administrative proceedure and/or between DWP & UKBA.

I’m not a nationality specialist but understand that one is simply a UK national if one meets the relevant section of the nationality legislation. The UK does not currently require its citizens to carry any ID, passport or other proof of their nationality. There may be a legitimate question of evidence if, for example, your client has UK nationality through ‘right of abode’ etc.

We used to have similar issues on a regular basis in the early days of HRT for UK nationals who were also dual nationals of, for example, Canada or Australia and chose to travel on that countries pasport. BA (as it then was) would ask them to provide proof of their British nationality.

It may not be relevant to your client / this new issue - but see House of Lords judgement reported in R(IS)13/98 (Remelien & Wolke) about use of letter by DWP quoting Home Office statements that person (EU nationals) were not in the UK lawfully and therefore no longer entitled to benefit in the early days of the HRT test.