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

IS carer claim withdrawn

SamW
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Lambeth Every Pound Counts

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Joined: 26 July 2012

Hi all - any thoughts on this situation would be appreciated.

Client claims DLA for her son on 10/10/17. She is sent the DLA form.

Client claims IS as a carer on 01/11/17. She is invited to an interview at the Jobcentre. At this point she has not returned the DLA form. The DWP records say that she withdrew the claim, client is a bit vague but says the JCP staff told her she couldn’t claim IS. DWP say no decision on entitlement was ever made as claim withdrawn.

Client has subsequently returned the DLA form and her son has now been awarded MRC/LRM

When I spoke to escalation earlier they suggested that client make a new claim for IS and request backdating. This is not possible as in the meantime client’s postcode has gone UC full service. They also repeated the old chestnut about client not being entitled to IS at the moment as she is not getting Carers Allowance. Apparently ‘the rules changed a few years ago’.

There does not appear to be any IS decision to challenge and new claim is not possible. Does anyone have any more subtle ideas than just putting in a complaint?

past caring
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Welfare Rights Adviser - Southwark Law Centre, Peckham

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You may not be able to avoid making a complaint as part of this, but…...

I would be very much surprised if the DWP/Jobcentre were able to able to produce anything (notes of interview/signed statement) to show the IS claim was actually withdrawn…...

SamW
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Lambeth Every Pound Counts

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Total Posts: 430

Joined: 26 July 2012

past caring - 15 December 2017 01:23 PM

You may not be able to avoid making a complaint as part of this, but…...

I would be very much surprised if the DWP/Jobcentre were able to able to produce anything (notes of interview/signed statement) to show the IS claim was actually withdrawn…...

Just so I’ve understood you right - you’re getting at the decision to withdraw being made by the JCP staff without seeking any proper agreement from client? I’m with you - from what client is saying I bet there is very little if anything. I’d imagine at the most there will be a signature obtained along the lines of “you need to close down your IS claim and to sign this in order to do that”.