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Thread: DWP admit 'Offers during appeal' are wrong - but may still continue.

  1. #1
    Senior Member nukecad's Avatar
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    DWP admit 'Offers during appeal' are wrong - but may still continue.

    The DWP have admitted that their practice of telephoning people during appeals and 'offering' lower awards than they believed would have been given at appeal is 'wrong'.

    https://www.independent.co.uk/news/u...-b1883808.html

    https://www.theguardian.com/society/...-claims-to-end

    Evidence gathered by lawyers show staff from the Department for Work and Pensions (DWP) have been telephoning disabled people who have appealed benefits decision and encouraging them to abandon their appeal and accept offers that were lower than their statutory entitlement.

    Lawyers say the department has continued to call claimants despite them making it clear that they had representatives who should be contacted first, and has failed to inform them of their appeal rights.

    On Monday, the day before the practice was due to be challenged in the High Court, the DWP conceded and agreed to amend its guidance and settle the claim.
    The DWP have admitted this only on the day before it was due to go to High Court for Judicial Review, where without doubt it would have been ruled unlawful.
    (Another DWP waste of the courts time and resources by only withdrawing at the last minute - The DWP have been ordered to pay 90% of the claimants legal costs).

    They are not going to stop doing it altogether though, just issue new guidance to those making the calls:
    The hearing was due to take place on Tuesday, but the DWP conceded on Monday and agreed to re-write their policies and guidance and retrain its officials working in this area.
    So no doubt you can expect it to be back to court again sometime in future.

    If you fancy seeing the court document which sets out what the DWP has argreed to; clicking this will download it:
    https://publiclawproject.org.uk/cont...sent-order.pdf
    PS. Whoever redacted that to blank out the witnesses initials needs to learn how to do it properly, it took me a whole second to see what had been blanked out. TBH they are only initials so needn't have been blanked anyway.
    Last edited by nukecad; 14-07-21 at 14:56.
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  2. #2
    Senior Member nukecad's Avatar
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    I've been thinking about this; and it's somewhat strange.

    The case was to be about the DWP making improved but still too low offers before an PIP appeal got to court.

    So the DWP have made a low offer before this Judicial Review got to court - and that offer has been accepted by the judge.

    Does that not strike anyone else as bizzare?
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

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