Continuing reluctance by Jobcentre to allow people to make NewStyle ESA claims and help learning disabled people claim UC

JR due to disability discrimination
https://www.equalityhumanrights.com/en/equality-and-human-rights-helpline-advisers
Your clients situation sounds a lot like one of the examples they said could be worth a try at nawra

we recently had a presentation from someone with particular responsibility for vulnerable uc customers.  we usually get minutes sent with contact details.

can pass those on when i get them if that would help.

Thanks for the responses above! The post was meant to just flag up the continuing dysfunction! But really grateful for the suggestions!

Basically the client was trying to drop off an ESA claim form and payment form details and make an appointment. Not actually make a UC claim but claim New Style ESA!

We’re actually taking this up with the local MP (client keen for us to take it up with him), but will cite the relevant bits from the Equality Act 2010 and advise the obvious i.e. he went to the jobcentre regarding claiming ESA not UC, and was not allowed to claim ESA. 

Welfare Rights Adviser - 19 June 2018 01:37 PM

JR due to disability discrimination
https://www.equalityhumanrights.com/en/equality-and-human-rights-helpline-advisers
Your clients situation sounds a lot like one of the examples they said could be worth a try at nawra

We advised/considered the above with another client who had a open ended sanction for ESA for failure to attend a WFI dating back from 2016, had not received the letter, stuck in Kafkaesque, limbo i.e. couldn’t get sanction lifted until he carried WRA, couldn’t address WRA i.e. attend WFI, until invited to attend a WFI. So situation went on for months and months.

We picked up the case latter part of last year. In time to help him challenge a FTA an ESA assessment early 2017 (fortunately that was resolved in his favour), but out of time to challenged the sanction decision. 

Long story, he was homeless at the time of WFI (history of homelessness with alcohol dependency, depression and anxiety known to DWP (evident from SAR), started using our address as a post restante address in 2017, which is how we picked up both scenario’s.

Client opted for the alternative going via local MP with our help and requesting ex gratia payment again we raised the Equality Act. Waiting a response. 

I had a client who experienced considerable difficulty claiming “new style” ESA independent of a UC claim. JCP VERY reluctant to accept a claim solely for cbESA (new style), even to the extent of contact centre denying the existence of new style ESA. MP involvement did finally produce a result, but I had to source the ESA1 claim form myself, and then wait for the Visiting Section to argue with the jobcentre over whose responsibility it is to visit ESA(new style) claimants at home, then to fail to turn up when announced, then fail to arrange a follow-up visit.

Client finally received payment in early May 2018. Claim was lodged 01/11/2017.

They are NOT good at this!

stevenmcavoy - 19 June 2018 01:55 PM

we recently had a presentation from someone with particular responsibility for vulnerable uc customers.  we usually get minutes sent with contact details.

can pass those on when i get them if that would help.

Please do Steven!

Yes Please!

Welfare Rights Adviser - 19 June 2018 01:37 PM

JR due to disability discrimination
https://www.equalityhumanrights.com/en/equality-and-human-rights-helpline-advisers
Your clients situation sounds a lot like one of the examples they said could be worth a try at nawra

It wouldn’t be a JR it’d be a claim for damages in the County Court. To have any hope of getting Legal Aid to bring that claim you’d need to be fishng for a sizeable damages cheque. You’d need to show a serious and sustained campaign of discrimination toward an individual; difficult in these circumstances.

You could apply to the Equalities and Human Rights Commission for funding instead but a dickie bird tells me that their casework support scheme is closing to new applications at the end of this month so get a move on. You would need to find your own solicitor though as EHRC just provide the funding.

Dan Manville - 22 June 2018 02:11 PM

Welfare Rights Adviser - 19 June 2018 01:37 PM

JR due to disability discrimination
https://www.equalityhumanrights.com/en/equality-and-human-rights-helpline-advisers
Your clients situation sounds a lot like one of the examples they said could be worth a try at nawra

It wouldn’t be a JR it’d be a claim for damages in the County Court. To have any hope of getting Legal Aid to bring that claim you’d need to be fishng for a sizeable damages cheque. You’d need to show a serious and sustained campaign of discrimination toward an individual; difficult in these circumstances.

You could apply to the Equalities and Human Rights Commission for funding instead but a dickie bird tells me that their casework support scheme is closing to new applications at the end of this month so get a move on. You would need to find your own solicitor though as EHRC just provide the funding.

Thanks the above.

Client has what’s termed a ‘moderate learning disability’, but in day to day life terms, he struggles to follow simple instructions or retain simple information or reliably communicate simple information. In this instance we did not advise the above. Regarding the email to the MP we did however refer to Equality Act 2010 legislation e.g. sections 20 and 149 in the context of the jobcentre’s behaviour.

He was keen for MP’s help (we are actually having a face to face meeting shortly with MP at MP’s suggestion about this case and others), and a unconnected meeting concerning another topic but regarding client’s with ‘complex needs’ and visit etc with MP and DWP local regional higher ups in which we will raise the obvious.

Behavioural change will be a key issue if the delivery of UC by job centres is going to achieve some of its apparent objectives, and that appears to have been overlooked

See the attached link below to Parliamentary TV W & P hearing re: Sanctions and discussions regarding conditionality featuring CPAG, CITA, an Architect of UC’s take on conditionality is worth a view.

https://welfareconditionality.us9.list-manage.com/track/click?u=4b2a1d131a671172b736b12a3&id=366facbeef&e=7b1c155d45

Refusal to accept the claim, from any claimant, would be grounds for judicial review.  The remedy is for the High Court to grant an enforcement order on the DWP.  A letter before action to the DWP, c.c.‘d to the DWP solicitor’s office usually does the trick without the need for actually having to go to court.

nevip - 23 June 2018 02:26 PM

Refusal to accept the claim, from any claimant, would be grounds for judicial review.  The remedy is for the High Court to grant an enforcement order on the DWP.  A letter before action to the DWP, c.c.‘d to the DWP solicitor’s office usually does the trick without the need for actually having to go to court.

Thanks Paul!

Client was keen to go for a gentler option. Having said that we didn’t broach the above, really don’t think he would have understood.

He was scared to pursue the ESA claim further, I’ve offered to go up to the jobcentre with him to drop off the forms and arrange an appointment. Which he wants me to do. We’ll see what happens i.e. if he feels confident enough to see it through.

UC wise, another agency helped him make an online claim using his Uncle’s email 3 days before his last pay day.

Leaving aside the timing of the above, and the obvious annoyance/reluctance of the DWP having to help people make and manage UC claims.

It is a worry concerning learning disabled client’s who will never be able to use a computer. That the DWP are so reluctant to help or take any responsibility for those client’s and their needs and tailor their service specific to their needs.

Just comeback from Jobcentre - finally our client has been able to lodge his New Style ESA claim and an appointment has been made for him.

When we arrived we were (earnestly) told that you cannot claim NESA and UC together, its either one or the other.

Showed the supervisor and their colleague the attached DWP guidance (and left it with them), and showed them the relevant bits too in Sweet & Maxwell SSL Vol 5 regarding making claims for NESA by telephone and in writing. 

Anyway, it all got very friendly, and client sorted.

I promised to email them various DWP guidance regarding UC and ESA/JSA new style.

Agreed to send them some recent brilliant brilliant training course packs on UC (sorry Daphne and Will, i’m desperate, had to share your training packs, but if its any consolation learnt so much from attending them both, really invaluable!).

Andyp5 Citizens Advice Bridport & District - 29 June 2018 11:53 AM

Just comeback from Jobcentre - finally our client has been able to lodge his New Style ESA claim and an appointment has been made for him.

When we arrived we were (earnestly) told that you cannot claim NESA and UC together, its either one or the other.

Showed the supervisor and their colleague the attached DWP guidance (and left it with them), and showed them the relevant bits too in Sweet & Maxwell SSL Vol 5 regarding making claims for NESA by telephone and in writing. 

Anyway, it all got very friendly, and client sorted.

I promised to email them various DWP guidance regarding UC and ESA/JSA new style.

Agreed to send them some recent brilliant brilliant training course packs on UC (sorry Daphne and Will, i’m desperate, had to share your training packs, but if its any consolation learnt so much from attending them both, really invaluable!).

That just shows how important it is in taking a gun to a knife fight!