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An offer you can’t refuse..

MaggieB
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Dorchester CAB

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We have had a few of these recently, wondered if anyone else is seeing them.

Clients contacted the day before ESA/PIP tribunal hearing being made an offer of (usually) SR rather than enhanced or DLC but no mobility.  Luckily both have contacted us rather than accepting the offer but it is worrying.  One asked for a transcript of the call but was told it was ‘not available’....

Have also heard of some ‘gatekeeping’ when calling to get AA claim form on public line, anyone else heard of this?

Bcfu
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Blackpool Centre For Unemployed

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Hi

Yes, we have had a number of clients contacted in a similar way - as well as some slightly “threatening/intimidating” ones which state our client has no chance of winning and should withdraw!

Often our clients accept the offer for standard rate and we only find out when HMCTS contact us to let us know the appeal has been withdrawn due to the DWP agreeing on an award.

Its certainly concerning!

Adam

Stainsby
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Welfare rights adviser - Plumstead Community Law Centre

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As ever it seems to depend on individual agents.

I have occasionally had them call me to put some very sensible last minute offers to clients

By the way I would never bother calling to ask for an attendance allowance claim form when there is a really useful interactive version available on the gov.uk website

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/977482/aa1-interactive-claim-form.pdf

There are other forms available such as the carers allowance claim form and an interactive ESA50

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Va1der
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Welfare Rights Officer with SWAMP Glasgow

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This seems to be a fairly common practice, and has been discussed in several threads already, f.ex:

https://www.rightsnet.org.uk/forums/viewthread/17232

https://www.rightsnet.org.uk/forums/viewthread/16599

HB Anorak
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Benefits consultant/trainer - hbanorak.co.uk, East London

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Adam BCFU - 08 June 2021 12:01 PM

Often our clients accept the offer for standard rate and we only find out when HMCTS contact us to let us know the appeal has been withdrawn due to the DWP agreeing on an award.

Worth emphasising again here that there is an immediate right of appeal against the revised decision if the claimant has second thoughts - no need to go through MR again.  It’s not too late if they only come to you after their original appeal has been withdrawn, or lapsed as a result of the revision.  Claimants don’t need to formally withdraw their appeal because it will lapse automatically as soon as the offer is enshrined in a revised decision.  They are then free to appeal against the decision as revised.

Daphne
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There is also a ‘best practice’ memorandum about appeals lapsing - see https://www.rightsnet.org.uk/welfare-rights/news/item/dwp-provides-copy-of-best-practice-memorandum-issued-to-all-decision-making-staff-involved-in-appeals-lapsing - so worth checking that they’re following their own guidance

Ianb
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Macmillan benefits team, Citizens Advice Bristol

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Stainsby - 08 June 2021 12:22 PM

By the way I would never bother calling to ask for an attendance allowance claim form when there is a really useful interactive version available on the gov.uk website

But getting a paper form means it is date stamped with six weeks in which to return it and preserve the start date so if you know, or suspect, an AA claim will be likely but that getting it completed will not be for a few weeks it does make sense to request a paper form.

MaggieB
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Dorchester CAB

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The problem is when the potential claimant calls for a form and does not seek advice from any agency….

We had a case yesterday where client had an appointment in the local office to complete claim and had been asked to call and get form. He was questioned about care needs by the DWP and told he would not qualify so no form sent.  Despite our best efforts he would not continue with making a claim

Bcfu
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Blackpool Centre For Unemployed

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MaggieB - 15 June 2021 12:48 PM

The problem is when the potential claimant calls for a form and does not seek advice from any agency….

We had a case yesterday where client had an appointment in the local office to complete claim and had been asked to call and get form. He was questioned about care needs by the DWP and told he would not qualify so no form sent.  Despite our best efforts he would not continue with making a claim

I’ve had that before! It’s why I do it for the client now so we can avoid them essentially being overwhelmed at the first hurdle.

Timothy Seaside
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TJL
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Derby advice - Derby Homes

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what   is the definition of an imminent hearing?

Based on   some Lower Tribunals it could be months or even years

Peter Turville
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This practice has not stopped yet. Enquiry today from local advice centre we work closely with.

Tribunal hearing listed for 26/7. Client was contacted by PIP on 23/7 and ‘offered’ SRDL only - which client accepted (apparently under pressure). Appeal lapsed and no hearing. Colleagues question - can claimant now appeal against the revised decision (yes!).