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ESA Overpayment
A client of mine has a Income based Employment & Support Allowance overpayment, we have received the DWP submission which states that it arose as he did not disclose when originally claimed that his wife was working. He has told us that the original claim was made over the telephone, that he did not receive any paper work confirming his claim and the grounds of the award. He was later called in for a work focused interview where he queried the necessity to attend, as his wife was in work, DWP then took that as the disclosure date.
Our client has told us that when he claimed he disclosed both his partners income and hours of work, and could not see why the DWP logged differently to what he told them. The DWP as evidence have provided within the submission a copy a computer screen print that shows what they are saying.
With phone claims does the DWP send the client a record of what they have recorded (other than a decision notice), so to provide the opportunity to address any anomalies. Do they also record phone calls, and if they do is it possible to ask for a CD containing these?
A client of mine has a Income based Employment & Support Allowance overpayment, we have received the DWP submission which states that it arose as he did not disclose when originally claimed that his wife was working. He has told us that the original claim was made over the telephone, that he did not receive any paper work confirming his claim and the grounds of the award. He was later called in for a work focused interview where he queried the necessity to attend, as his wife was in work, DWP then took that as the disclosure date.
Our client has told us that when he claimed he disclosed both his partners income and hours of work, and could not see why the DWP logged differently to what he told them. The DWP as evidence have provided within the submission a copy a computer screen print that shows what they are saying.
With phone claims does the DWP send the client a record of what they have recorded (other than a decision notice), so to provide the opportunity to address any anomalies. Do they also record phone calls, and if they do is it possible to ask for a CD containing these?
They may have recorded the phone call. You’ll need to make a data protection request to find out. Best to ask for all recorded contacts since the beginning of the claim.
With phone claims does the DWP send the client a record of what they have recorded (other than a decision notice), so to provide the opportunity to address any anomalies. Do they also record phone calls, and if they do is it possible to ask for a CD containing these?
Yes - ALL phone claims are recorded. Further, once the info is recorded on the DWP computer system, it is then converted into a “Customer statement”. That can be reproduced at any time and there is no good reason for the DWP not to be able to provide it after the event - I myself have just requested, and received, such a statement some 9/10 mths after the claim was made. HOWEVER, contrary to what the DWP will undoubtedly tell you, no assumption should be made that the “Customer statement” necessarily contains the answers and info that were given during the phone call - this is from first hand experience. In short, the DWP should be asked to provide BOTH the recording of the telephone call AND the customer statement produced by the computer. If the DWP refuse, ask the Tribunal to issue a Direction for both (I’m assuming an appeal will be / has been made).
If the DWP denies the statement v call info can be different, I would be prepared to provide a statement to the same effect, backed up with corroborative evidence - contact me in the event of such a denial.