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For financial redress as a result of mal-administration in regard to a period last year where I was claiming JSA and I'm seeking advice on the validity of the claim.
The letter below is my first course of action and the situation is explained broadly in the content. Obviously I have adjusted this slightly for confidentiality reasons.
Any comments and advice would be most welcome.
To: The Manager,
Jobcentreplus Office
########
#######
United Kingdom
#### ###
Dear Sir/Madam,
Re: Mal-Administration of claim.
Claimant: Mr Tombboy
NI Number: ##########
I am writing to complain about my experiences whilst making a claim for Jobseeker's Allowance last year and the emotional stress, embarrassment and financial loss suffered as a result of total incompetence by your staff.
My claim for jobseeker's allowance began in February 2010 after my business failed. On assessment I was informed that I was entitled to Jobseekers Allowance, Council Tax Benefit and Child Tax Credit whilst seeking employment. I was also informed that as a homeowner, if I was still claiming after 13 weeks I could apply for Mortgage Interest Relief.
When I attended a statutory interview in April 2010 I informed the officer dealing with my claim that my wife had gained employment as a teaching assistant on a temporary contract for three months, working 20 hours a week. On hearing this information, the officer immediately closed my claim and as a consequence, all benefits were stopped. We had to survive on her wage of approximately £98 a weeks with no other entitlement (so I was led to believe by your Officer) which was impossible. When my Wife's contract had expired and she ceased employment I contacted Jobcentre plus and made a 'Rapid Reclaim' over the telephone. As our circumstances had not changed since the last claim, I was informed that I would be entitled to the same benefits received during the last claim. I was given a new regime for signing on and attended as notified.
During September I gained employment as a Nurse Manager with the ###### Group and notified your office of this during a signing on session (I was awaiting a CRB clearance, therefore still actively seeking employment). During this session I enquired about the payment made to those who had successfully gained employment and was notified that I was not entitled to this payment because there was a gap in my claim period. This 'gap' had also affected my claim for Mortgage Interest Relief (MI12). On closer inspection and during questioning with a Ms D###### B###### it transpired that the officer who had closed my claim should NOT have done so and that I was still entitled to benefit during the period that my Wife was employed. I was also given an appointment to attend a 'back to work session' to which I replied that I had already gained employment and that this was a waste of resource. I informed them that I wouldn't be attending on that basis to which the officer concurred. She advised me that a letter would be sent and to reply to the letter stating that I had gained employment and the matter would be resolved.
After a huge amount of telephone calls and several visits to your T######d Jobcentre Office (during which your colleagues managed to lose copies of my Wife's payslips...... TWICE) I was informed in November via telephone by J###y (from the T######d Branch) that my back claim for the period between April and July 2010 was successful and that I would be receiving in excess of £1,000 in due benefits. However, when contacted J###y again to discuss method and time of payment, I was told that payment only anounted to £563 and a cheque was duly issued. With regard to my Mortgage interest relief, this was returned TWICE to the T######d Jobcentre Office because staff had not completed the back page correctly. This issue has to date, still not been resolved and as a consequence the property is now subject to a repossession order, albeit deferred for 6 months to allow the MI12 to be processed.
I was willing to let this whole debacle go until I was informed last week that my Return to employment payment of £200 had been 'sanctioned' due to my failure to attend the back to work session in September (please remember.... I had already gained employment and was waiting CRB clearance before I could legally start work). In addition, I have today received a letter from the DWP Debt Management department requested an overpayment of £353.08.
ALL of this is due to an officer signing me off work when I was quite clearly still entitled to benefits!!!!
This is the first time that I have made a claim for benefits in twenty years..... had I been a 'career claimant' then I am pretty sure that I would not have been subjected to the level of incompetence and consequent stress (sitting in a court and listening to a repossession order being made against my property due to beaurocratic failure is not a pleasant experience) that I have encountered.
As a result of my experiences, I am wishing to make a claim for financial redress due to mal-administration on your Office's part. If I do not receive a satisfactory response from you within the legal timescale then I will pursue the matter further through the Independent Case Examiner.
Your's Faithfully,
Mr 'Tombboy'
The letter below is my first course of action and the situation is explained broadly in the content. Obviously I have adjusted this slightly for confidentiality reasons.
Any comments and advice would be most welcome.
To: The Manager,
Jobcentreplus Office
########
#######
United Kingdom
#### ###
Dear Sir/Madam,
Re: Mal-Administration of claim.
Claimant: Mr Tombboy
NI Number: ##########
I am writing to complain about my experiences whilst making a claim for Jobseeker's Allowance last year and the emotional stress, embarrassment and financial loss suffered as a result of total incompetence by your staff.
My claim for jobseeker's allowance began in February 2010 after my business failed. On assessment I was informed that I was entitled to Jobseekers Allowance, Council Tax Benefit and Child Tax Credit whilst seeking employment. I was also informed that as a homeowner, if I was still claiming after 13 weeks I could apply for Mortgage Interest Relief.
When I attended a statutory interview in April 2010 I informed the officer dealing with my claim that my wife had gained employment as a teaching assistant on a temporary contract for three months, working 20 hours a week. On hearing this information, the officer immediately closed my claim and as a consequence, all benefits were stopped. We had to survive on her wage of approximately £98 a weeks with no other entitlement (so I was led to believe by your Officer) which was impossible. When my Wife's contract had expired and she ceased employment I contacted Jobcentre plus and made a 'Rapid Reclaim' over the telephone. As our circumstances had not changed since the last claim, I was informed that I would be entitled to the same benefits received during the last claim. I was given a new regime for signing on and attended as notified.
During September I gained employment as a Nurse Manager with the ###### Group and notified your office of this during a signing on session (I was awaiting a CRB clearance, therefore still actively seeking employment). During this session I enquired about the payment made to those who had successfully gained employment and was notified that I was not entitled to this payment because there was a gap in my claim period. This 'gap' had also affected my claim for Mortgage Interest Relief (MI12). On closer inspection and during questioning with a Ms D###### B###### it transpired that the officer who had closed my claim should NOT have done so and that I was still entitled to benefit during the period that my Wife was employed. I was also given an appointment to attend a 'back to work session' to which I replied that I had already gained employment and that this was a waste of resource. I informed them that I wouldn't be attending on that basis to which the officer concurred. She advised me that a letter would be sent and to reply to the letter stating that I had gained employment and the matter would be resolved.
After a huge amount of telephone calls and several visits to your T######d Jobcentre Office (during which your colleagues managed to lose copies of my Wife's payslips...... TWICE) I was informed in November via telephone by J###y (from the T######d Branch) that my back claim for the period between April and July 2010 was successful and that I would be receiving in excess of £1,000 in due benefits. However, when contacted J###y again to discuss method and time of payment, I was told that payment only anounted to £563 and a cheque was duly issued. With regard to my Mortgage interest relief, this was returned TWICE to the T######d Jobcentre Office because staff had not completed the back page correctly. This issue has to date, still not been resolved and as a consequence the property is now subject to a repossession order, albeit deferred for 6 months to allow the MI12 to be processed.
I was willing to let this whole debacle go until I was informed last week that my Return to employment payment of £200 had been 'sanctioned' due to my failure to attend the back to work session in September (please remember.... I had already gained employment and was waiting CRB clearance before I could legally start work). In addition, I have today received a letter from the DWP Debt Management department requested an overpayment of £353.08.
ALL of this is due to an officer signing me off work when I was quite clearly still entitled to benefits!!!!
This is the first time that I have made a claim for benefits in twenty years..... had I been a 'career claimant' then I am pretty sure that I would not have been subjected to the level of incompetence and consequent stress (sitting in a court and listening to a repossession order being made against my property due to beaurocratic failure is not a pleasant experience) that I have encountered.
As a result of my experiences, I am wishing to make a claim for financial redress due to mal-administration on your Office's part. If I do not receive a satisfactory response from you within the legal timescale then I will pursue the matter further through the Independent Case Examiner.
Your's Faithfully,
Mr 'Tombboy'
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