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closing claims. Responsibility?
Just a quick query folks.
I have a client who failed his ESA WCA and was sent by JC+ the normal letter stating “you are not entitled to Employment and Support Allowance” etc etc
He did not appeal this and was eventually advised by JC+ to claim JSA. The gap between him getting the decision letter and claiming JSA was a couple of months.
His JSA claim has been messed up as apparently his ESA claim is still live and therefore conflicts with a new JSA claim.
He questioned this and was told by JC+ that it was his responsibility to close his ESA claim and its all his fault for the mess he is in.
His argument (and mine) is that he was told a couple of months beforehand that he was not entitled to ESA, and it was well past his months appeal deadline when JSA claim put in so surely his ESA claim should have been shut down anyway.
We are thinking of putting a complaint in regarding the procedures that JC+ have followed but don’t know if it has any merit.
Any advice would be appreciated.
Thanks
edited to move thread
[ Edited: 20 Jul 2011 at 02:33 pm by Ros ]It just keeps getting worse. Once a decision is made on a claim the claim ceases to subsist (s8 of the Social Security Act 1998). Therefore, there is no claim to close. All there is that is extant are decisions to award benefit and then to supersede the awarding decision. How the Department record and administer decisions and awards is solely a matter for it and it is not the claimant’s responsibility to do anything so it should get its finger out tout suite. Write to the manager pointing this out.
The ESA claim should have been closed by DWP-no question.
Thanks for the replies.
Most appreciated.
Update. My client has received a wonderful letter from Jobcentre plus regarding the ESA claim.
It starts off by stating he is not entitled to ESA with the normal blurb about NI credits etc etc (he is single).
Halfway down the letter it explains that he has been found to have a limited capability for work and he will now receive extra payment in his ESA as a result and will have to attend work focused interviews.
Unbelievable : The same letter states he is and isnt entitled to ESA on the same page. He actually isnt entitled due to “0” points but the letter was a total cut and paste job.