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Forum Home  →  Discussion  →  Universal credit migration  →  Thread

UC Telephone claims and written correspondance.

SG LB C
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Income Maximisation Team LB Camden

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My client has made a telephone claim for UC, and was told that all corresponding will be done over the telephone.

This includes being notified of a backdating decision.

I feel that all decisions should given in writing. Does anyone have any info/guidance/practise on this please?

zoeycorker
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Welfare Advice, Johnnie Johnson Housing Trust

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the ones that I’ve come across on a telephone claim always get written notifications including monthly payment statements. they may get calls periodically as necessary but everything is always followed up by letter

tbidmead
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Yes our experience is also that decision letters are issued by post for telephone claims.

SG LB C
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Thanks very much. Good to know.

Dan Manville
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The telephone claims I have made have not led to any letters being sent. I get a feeling JCP are happy to let us check the journal for people. We don’t do that anymore.

SG LB C
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Dan Manville - 28 May 2019 12:26 PM

The telephone claims I have made have not led to any letters being sent. I get a feeling JCP are happy to let us check the journal for people. We don’t do that anymore.

My client was told that she won’t have a journal and all correspondence will be by telephone. I need to visit her on Monday to see if any letters have arrived for her. I’ll update here if anything is then known.

 

mycatismo
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My understanding was that when accepted for a phone based “offline” claim, claimants would be asked to state their preference for letter or phone correspondence. This was from some internal guidance given at a meeting with a partnership manager that a colleague attended. Unfortunately we don’t have access to the guidance itself, but this was in the meeting minutes.
“Claimants should be supported to move their claim online wherever possible. The reason for the claim being made by telephone will be automatically shown in the claimant history to assist with this.
The claimant will not have online access to their claim. Any notifications or notes must still be placed in the journal as normal but in addition the work coach will have to consider what other method of contact to use based on the claimant’s preference.

The case manager will need to be aware that the claimant has no online access to their claim. This will require further communications when messages or notifications are placed in the journal.
The statement must be posted to the claimant because it sets out their legal rights. “

So maybe it depends what the claimant said?

SG LB C
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mycatismo - 05 June 2019 08:29 PM

So maybe it depends what the claimant said?

Thank you for this. My client was not asked her preference. as I was with her for the entire claim.  I also believe that a preference should not be given, and all decisions should be in writing.

Anyway I called the Case Manager today because we haven’t heard about backdating, and he informed me that it was denied the very next day and not even a tel call to inform my client.

I asked about written decisions and was told that can’t be done.
I was asked if I would like to be able to access my client’s journal on her behalf and I say no. My role is not to manage someone’s benefit claim over the life of that claim.

I’m going to write a formal letter of complaint. I believe that if you have to make a telephone claim, you are by the nature of it going to have some vulnerabilities/disabilities. Therefore reasonable adjustments need to be made to allow people to access their appeal rights. How can it be ok that a claimant has nothing in writing around decisions made on their claim?  The mind boggles!

Would anyone have anything that could be useful in regard of reasonable adjustments and claim administration?

 

 

WillH
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I’m sure you’ve already thought of this & not sure how useful it will be, but the full service complex needs guidance specifically says this:

‘For disabled claimants DWP is legally required under the Equality Act 2010 to
provide reasonable adjustments for example, Next Generation Text (NGT),
Email, providing information in braille or audio CD format. It is vital interaction
with the claimant is carried out to determine what tailored support or
reasonable adjustments they require. This is to ensure equal access to
products and services.’

http://data.parliament.uk/DepositedPapers/Files/DEP2019-0465/Complex_needs_overview_v10.0.pdf

SG LB C
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WillH - 18 June 2019 12:12 PM

I’m sure you’ve already thought of this & not sure how useful it will be, but the full service complex needs guidance specifically says this:

‘For disabled claimants DWP is legally required under the Equality Act 2010 to
provide reasonable adjustments for example, Next Generation Text (NGT),
Email, providing information in braille or audio CD format. It is vital interaction
with the claimant is carried out to determine what tailored support or
reasonable adjustments they require. This is to ensure equal access to
products and services.’

http://data.parliament.uk/DepositedPapers/Files/DEP2019-0465/Complex_needs_overview_v10.0.pdf

Hi Will, thanks

I put in an MR citing similar, re dis discrimination and using their Vulnerability guidance. Now just waiting to see what outcome I get. I am just without words that they feel it’s acceptable to not provide anything in writing. They won’t even write down her appointments for her.

CARH
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SG LB C - 23 May 2019 08:46 AM

My client has made a telephone claim for UC, and was told that all corresponding will be done over the telephone.

This includes being notified of a backdating decision.

I feel that all decisions should given in writing. Does anyone have any info/guidance/practise on this please?

Hi SG LB C
See reg 51 of the Universal Credit (Decisions and Appeals) Regulations 2013 which confirms DWP must “give P written notice of the decision and of the right to appeal against that decision”.
https://www.legislation.gov.uk/uksi/2013/381/regulation/51

So telephone wont cut it

ADM 1116 tells us that “notification of an outcome decision is issued to the claimant either clerically or by computer”.
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/793835/adma1.pdf

Where Digital claim is not accessible to a claimant, then the DWP must issue the decision clerically.

Failure to provide notification in writing or in a manner properly accessible to a claimant, is failing to:
*comply with the legislative requirements
*follow the DWP’s own guidance
and is therefore unlawful.

 

[ Edited: 27 Jun 2019 at 06:23 am by CARH ]
SG LB C
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CARH - 27 June 2019 06:16 AM
SG LB C - 23 May 2019 08:46 AM

My client has made a telephone claim for UC, and was told that all corresponding will be done over the telephone.

This includes being notified of a backdating decision.

I feel that all decisions should given in writing. Does anyone have any info/guidance/practise on this please?

Hi SG LB C
See reg 51 of the Universal Credit (Decisions and Appeals) Regulations 2013 which confirms DWP must “give P written notice of the decision and of the right to appeal against that decision”.
https://www.legislation.gov.uk/uksi/2013/381/regulation/51

So telephone wont cut it

ADM 1116 tells us that “notification of an outcome decision is issued to the claimant either clerically or by computer”.
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/793835/adma1.pdf

Where Digital claim is not accessible to a claimant, then the DWP must issue the decision clerically.

Failure to provide notification in writing or in a manner properly accessible to a claimant, is failing to:
*comply with the legislative requirements
*follow the DWP’s own guidance
and is therefore unlawful.

 

That’s really helpful. Many thanks for this. I’m about to call them as we haven’t yet heard.