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Claimants To Lose DLA If Falsely Accused Of Fraud

October 23, 2013

Spotted here. Shared because of the seriousness and general madness of the policy.

From 28 October, where a claimant is investigated by the DWP as a result of a false accusation of fraud, they will automatically lose their DLA and be forced to make a claim for PIP, even if found to be entirely innocent. The new DWP policy is legally questionable and is likely to cause enormous distress to claimants, whilst rewarding hate-callers.

The change in DWP policy has come about because of the roll-out of PIP to existing claimants which begins at the end of this month.

According to PIP regulations, after 28 October if ‘a DLA entitled person . . . notifies the Secretary of State of a change of circumstances’ they will be ‘invited’ to claim PIP instead.

In other words, if you are getting DLA and you inform the DWP that your condition is getting better or worse, then you will be assessed for PIP rather than for DLA.

In March of this year the DWP published a PIP toolkit which included a number of factsheets about the PIP claims process. Included in factsheet 6 was confirmation of how changes of circumstances would be treated:

From October 2013, DWP will start to write to the following existing DLA claimants, inviting them to claim PIP. The invitation will explain how to make a claim, and the time limits for making a claim:

• claimants who choose to claim PIP (selfselectors) can do so from this date

• those DLA claimants who report a change in their care or mobility needs will be invited to claim PIP

However, in September the wording of the second bullet point was changed, so that it now states that amongst those who will be invited to claim PIP will be:

• those claimants where we receive information that there has been a change in their care or mobility needs

So, it appears it will not just be where the claimant themselves inform the DWP of a change of circumstances that they will be assessed for PIP, as the law requires.

Instead, where someone else, including a malicious neighbour or relative using the anonymous National Benefit Fraud Hotline, reports that the claimant is no longer in need of help with care or mobility, the claimant will still lose their DLA and be assessed for PIP instead.

This approach appears to be confirmed by a poster on Rightsnet who explained:

“At our local JC+/customer/representative forum meeting last week a DWP partner support manager brought the following change of wording to the attention of the meeting (second bullet point on page one of link)

“In his words anyone who was ‘bubbled’ (shopped) would be taken as if they were a ‘self selector’ in the DLA/PIP reassessments.”

The decision about whether the claimant has been committing fraud must still be based on the DLA criteria.

But even if it is decided that there has been absolutely no change in their condition and they are the victim of a misguided or deliberately malicious informant, the claimant will still lose their DLA and have to claim PIP instead.

It will undoubtedly be cheaper and more convenient for the DWP to assess claimants for PIP at the same time as they are investigating them for DLA fraud. It saves coming back and looking at their claim again at the proper time.

However, we know that large numbers of people are likely to lose out under the transfer from DLA to PIP, including some people with mobility problems and some people who need supervision because of serious mental health conditions. Being assessed early for PIP, in some cases possibly by three or more years, will therefore be a serious blow.

That, simply for administrative convenience, the DWP are prepared to inflict this blow and in the process collude with hate-filled anonymous callers, says a great deal about the way that claimants are now viewed by the state.

Benefits and Work have made a Freedom of Information request to try to uncover what guidance has been issued on how to treat DLA claimants accused of fraud after 28th October.

You can download the PIP toolkit from this link.

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12 Comments leave one →
  1. October 23, 2013 1:46 pm

    Reblogged this on nearlydead.

  2. Laz permalink
    October 23, 2013 7:27 pm

    Then if the Claimant has proved genuine the accuser should be taken to court for slander and deformation . If the Government refuse to give the name then file for a court order against them as they are concealing a person who has committed a criminal act .

    • Jaz permalink
      October 23, 2013 9:14 pm

      Laz, I totally agree with this as it is too easy too report people these days and often without good cause. This is unacceptable, and can be extremely harrowing for the person involved . The DWP have a lot too answer for , not looking into the ” reason ” that the person who named another person for defrauding DLA or any monies paid thru the benefit system is genuine and does not have another underlying reason for reporting the person in question. Especially when this person might be one who reports often to them. If fond that the person has callously grassed that person in for his or hers pleasure that is unjustified by the rules of benefits, then they should be prosecuted to the full extent of the law.

  3. Laz permalink
    October 23, 2013 11:43 pm

    Unfortunately I expect some loophole or piece of legislation will be used to block this as has been done with the right to legal representation at Atos decision appeals or the law quickly passed after the workfare appeal .What worries me is what World are they trying to bring about ? The Conspiracy theorist look increasingly more credible day by day .How the voters fail to see the freedoms they are loosing and the enforced financial blackmail/slavery they will face in the future is mind boggling . What will the Psychopaths behind this do if the people rise up against them in the future with the recourses they have possession of ? Will the Majority be beat down beat by the few Elite who hold the real wealth ? Does not bear thinking about .Have to trust in Karma and rise above their dictation and oppressive behaviour .

  4. Rico permalink
    October 24, 2013 12:20 pm

    if aged over 65 and accused of DLA fraud will I loose my benefit even if not guilty?

    • jaz permalink
      October 24, 2013 12:39 pm

      Yes according to this report, they do not say any age only if you get reported for fraudulent missus ( even if it’s not true) they will make you apply for PIP unfortunately.

  5. October 25, 2013 1:39 am

    No doubt a result of IDS and Company’s so-called “War” on Benefit Cheats. Remind me again why people voted for this bunch of hoodlums. Those in need are being attacked whilst the corporations and fat cats residing in this country get away with their white collar crimes (reminder to FTSE companies : Evading the taxman is a crime!). Besides, before any accusation is made – shouldn’t there be evidence? or will it be pre-gathered on the “Whistleblowers” hotline? Don’t it make you proud to be British? (NO!)

  6. Thomas M permalink
    January 28, 2015 10:43 pm

    It’s one thing to punish the guilty-but another thing to punish the innocent because someone reported them for fun.

  7. October 26, 2015 3:20 am

    Reblogged this on markcatlin3695's Blog and commented:
    I wouldn’t put it past the DWP to claim a report of fraud has been made, even if it never existed, just like those non-existant appt letters that “disappear” in the post.

  8. July 4, 2016 5:40 pm

    Reblogged this on Benefit tales.

Trackbacks

  1. High Importance: DLA Progress!! | Same Difference
  2. Confirmed: Calls To Fraud Hotline Will Lead To DLA To PIP Transfers | Same Difference

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