automatic notification of DLA ending to ESA - overpayment of SDP is official error

Others may be aware of this already, I wasn’t until today.

DLA ended when PIP was refused but client continued to receive SDP for 9 months or so. Overpayment of £2.5K and Civil Penalty issued, usual DWP reliance on the ESA40 leaflet being issued explaining that client needs to inform of changes of circs, etc.

We did a SAR and I was querying what the highlighted sections on the attached means. Today received a letter from DRT conceding the appeal and stating:

“When a decision is made about DLA it results in notification being automatically sent to ESA via a Work Available Report (WAR). Evidence shows that on 28.04.16 a WAR was sent to ESA, whilst the notification was cleared by the processing team they failed to action the request and end the SDP on Ms X’s case. Had the department actioned the WAR and not just cleared it, Ms X would not have been overpaid benefit she was not entitled to.

As the department was aware of Ms X’s change in circumstances as soon as it happened and failed to act the overpayment is a wholly official error and no longer recoverable from Ms X.”

Interesting that this appears to state that DLA ending is automatically notified to ESA. And not easy to spot from the paperwork either judging by this case.

Has long been the case since the advent of DLA for IB, IS and all “local office” benefits.

Back in the day when we had actual meaningful liaison I can recall our local office telling us about the room they were stacked up when I raised the issue of what happened to them.

“Oh, we wondered what those were for!”

Yes, when I worked for the DSS back in the days before there were even computers, we’d be sent cards notifying the award or cessation of Attendance Allowance or Mobility Allowance to link to case records. It’s always been a bit of a fiction that this is only the responsibility of clients, when there are procedures already in place.

Paul_Treloar_AgeUK - 31 October 2017 05:05 PM

Yes, when I worked for the DSS back in the days before there were even computers, we’d be sent cards notifying the award or cessation of Attendance Allowance or Mobility Allowance to link to case records. It’s always been a bit of a fiction that this is only the responsibility of clients, when there are procedures already in place.

There were also cards (C2s etc) for benefits like UB, SB, ICA & FIS. Funny how it all used to work when there were no computers and benefits were mostly processed in local offices by staff who had to attend a 13 week basic training course (including a residential course) before they were allowed to process real claims!

Ah yes, 13 weeks to understand some basic stuff about claims and nowadays IAS, Maximus et al can take healthcare professionals through the full range of impairments in 7 working days and then let them loose. I cannot imagine why things go wrong!

Thinking of asking Shawn to amend our profiles so d.o.b. appears and then queries like this can be directed to the oldies 😊

Do any of you golden oldies know whether similar notifications are automatically sent for PIP? Or Carers Allowance?

I did try finding out for PIP but was distracted by an appeal and never followed up. CA I recall there was something similar in place as I used it with some success in an overpayment appeal many years ago but I’ve a nagging feeling it was discontinued although I’ve no evidence of that to hand and stand to be corrected. One of the issues is that the Carers Allowance Unit continue to live in a parallel universe where case law and processes established a decade ago or more still hasn’t always filtered through.

I think I’m missing something here. I asked the following question a couple of weeks ago:

My client lacks capacity and has a professional deputy.

He failed the DLA-PIP assessment in December 2016 but the DWP weren’t notified until September 2017. Therefore an O/P of SDP. Has anyone appealed this successfully? The notification does not state that the claimant needs to notify the DWP and given the decision is from the DWP, assumed they would already know.

The reply was that the O/P was correct but this thread appears to say the opposite. I’m aware of WAR’s but didn’t realise it could be used a cause for official error. Would I need to request a SAR to object to the O/P?

I don’t see why you would necessarily have to do a SAR, Phil.

I would just ask the question, was a WAR received by ESA confirming the ending of DLA and if so, when? If the answer is yes, then the argument is official error from the date received because ESA is aware that the claimant no longer qualifies for the SDP.

If ESA says no, then a SAR may demonstrate otherwise.

For those who knew about WARs, do the attachments I put on above demonstrate receipt of one? I’m still not sure how it appears on the ESA computer if I have to resort to SARs in future.

Thanks Billy. I’ll advise the deputy.

After reading Billy’s post I read through again, the three ESA o/p cases due to alleged failure to disclose termination of DLA which were sitting on my desk, with greater care.  (There seems to have been a blitz on SDPs at the end of last year.)

In one 144-page Secretary of State’s response to our client’s appeal I found a one-line data entry reading “WAR cleared” the date of which coincided with termination of DLA.  I requested directions for the DWP to provide an explanation of the data entry, which was granted.

In today’s mail there arrived a revised decision notice which states:

“I have considered all the evidence we hold … and find that the DWP had been notified of a change in Mr X’s DLA entitlement and had failed to act on this information.

As a result of this, I have reconsidered the original evidence and additional evidence provided and now find that this overpayment is not recoverable and therefore it is appropriate that the appeal is lapsed.”

So the ESA section knew all along that the client’s DLA stopped.

Our client is mightily relieved, and we are finding it difficult to believe that this could happen.

Grateful thanks to Billy Durrant for alerting us to WARs.  Colleagues, please check your SoS submissions carefully for a one-line data entry which indicates communication between DLA and ESA sections.  There are probably hundreds of similar cases out there.

Ruth

Just to inform colleagues that the second of our cases involving an ESA o/p due to alleged failure to disclose termination of DLA has been conceded by DWP and our client’s appeal has lapsed.

Interestingly, the relevant wording in the one-line data entry coinciding with the date that DLA was terminated, did not refer to WAR, but stated “M3100 COFC USER INHIBITED”.  Since this clearly refers to a Change of Circumstances, we again requested Directions for an explanation of the entry.  DWP now concedes that they failed to act on information they knew about.

We suggest that you go through the SoS submission diligently, and request an explanation of any data entry on or shortly after the date of decision on DLA entitlement.

Some further info via FOI of who is notified of what when benefits stop and start attached.

I have gone back to them for some clarification and more details.

In case it is of any use to anyone ploughing through mountains of SAR paperwork, this is the Disability and Carers Service Abbreviations list I was sent with the last lot of papers

And a general DWP abbreviations list

Do we know if WARs are also sent regarding a claimant’s partner?

e.g.  if Mr X and Mrs X are both on DLA and Mr X is getting ESA with double SDP but Mrs X loses DLA on conversion to PIP, does this generate a WAR for Mr X’s claim?