Still on IRESA nearly a year after claiming UC

Claimant with a learning disability who moved to a ‘full service’ area in June 2017, claimed Housing Benefit – HB advised her (correctly) to claim Universal Credit.

DWP initially advised that a new Work Capability Assessment would be needed on transfer to UC, even though the claimant already had ‘limited capability for work’ under the ESA system.

Then the claimant’s support worker was then told by DWP that the claim for UC was closed (within about a week of being made, for not attending JC+ meetings), and that the claimant remained on Income-Related ESA, as the claim had never been closed.

The closure of the UC claim was appealed, and the appeal was won late last year – without a hearing.

UC payable from June 2017.

Contact from UC this week reveals that the revised decision was never put in to practice and that the claimant remains in receipt of IRESA.

UC suggest that this should be allowed to stand, and that the claimant should make a new claim for HB.
But she can’t claim HB, and needs backdated rent support to June 2017.

Any suggestions for how to take this case further? I’ve thought of the unprintable ones, I mean nice ones that will work.  Thanks!

You say that the appeal was won without a hearing - did the tribunal decide on the paperwork or was it settled out of court?

If there was a tribunal decision, then the claimant should be able bring a money claim against the DWP for the money owed. I believe there is a previous discussion thread on this:
https://www.rightsnet.org.uk/forums/viewthread/6420/

If there was no tribunal decision at all, then it will be much more complicated. The claimant will only be able to claim the money owed if the DWP was legally obliged to re-open the claim. Perhaps by a mediator, or the DWP’s own promise if given in a legally binding form?

It was DWP revision prior to the hearing.

If the DWP revised its own decision but then failed to enact it, then the issue is poor administration by the DWP. That’s a subject for a complaint rather than court action. The claimant should be able to get decision enacted and might be able to get compensation for the delay (case by case basis though so no guarantees).

If the internal complaints procedure doesn’t work, you could progress to the Independent Case Examiner and ultimately the Parliamentary and Health Service Ombudsman (via your MP).