× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Income support, JSA and tax credits  →  Thread

Missed SDP

GAD
forum member

Lancs County Council Welfare Rights Service

Send message

Total Posts: 26

Joined: 22 June 2010

Got an appeal coming up - JC+ did not add SDP to my client’s IS after her son died in October 2006. They claim they were not notified of the fact he had died until she changed address in January 2011. She is adamant she rang the IS section to inform them at the time. They gave her the number of a different office to claim a SF Funeral expenses payment which she did and this was awarded. They are now claiming she only rang the second office and as this wasn’t the IS paying office she hadn’t reported the change in circs properly. This will be an argument about the facts and credibility so we are ok with this.

However, looking through the appeal papers there is a screen print from the IS system (hopefully attached) used by JC+ and I am looking for advice about what the codes might be (if anyone knows). There are 3 codes - C09 Invite Renewal; C10 Monitor Ren Response; C11 Renewal Claim- Both. The screen print shows that these actions were initiated in June 2004, 2007 and 2010. In each of those years there is an entry against the C11 2-3 months later showing a new decision has been made. These indicate to me that reviews/renewals of her IS claim took place in those years. The appeal bundle has a copy of an IS Review form (A2) from 2004 which ties in with the first date but (conveniently) nothing from 2007. She can’t remember if she completed a review form in 2007. The screen print shows a decision was made on 03/09/07 after the process was seemingly initiated. If a review took place they should have picked up on SDP entitlement from at least that date. I’m wondering if this shows a review/renewal definitely took place in 2007 or if it is a bit more ambiguous. We have written to query but I’m not expecting a clear answer from them. Hoping they have not stooped to being economical with the actualite!

Thanks in anticipation.

GAD
forum member

Lancs County Council Welfare Rights Service

Send message

Total Posts: 26

Joined: 22 June 2010

Sorry - had to whip the attachment off the previous post as you could still see the name and NINO through the blackout.

File Attachments

GAD
forum member

Lancs County Council Welfare Rights Service

Send message

Total Posts: 26

Joined: 22 June 2010

Her son was an adult at all times. He died in October 2006. It was his presence in the household prior to his death that was preventing her SDP being paid as she was on IS. We aren’t asking for backdating. She reported the change in circs when he died but her IS was not reviewed at the time and SDP awarded as it should have been. Our fallback is that it seems from the codes in the screen print I mentioned that JC+ reviewed her IS claim in 2007 and at the very least should have picked up on her entitlement to the SDP at that date. The fact that they didn’t was their error, not a failure on her part to report the change in circs at the right time. Sorry - rushed reply, got a train to catch.