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I fall into one of the areas that is being re assessed from Oct 2013.

I have an indefinate award of my DLA, my question is will I be reassessed soon or as the timetable applies after 2015?


WD

WeDesign wrote: I fall into one of the areas that is being re assessed from Oct 2013.

I have an indefinate award of my DLA, my question is will I be reassessed soon or as the timetable applies after 2015?


WD

Hi WD,

The PIP reassessment timetable for indefinite DLA awards has not changed, i.e. sometime after October 2015.

bro58

With the latest information released with regards to the DWP receiving info via the fraud hotline does this mean that the DLA will stop as soon as they receive it.

I appreciate the new is not very old and will not be possible to answer my question.




WD

I think we need to get to the bottom of this as in my opinion it is causing members unnecessary concern.

I have today filed an FOI request including my submission that it is unlawful. I will keep you advised.

My interpretation that local DWP offices have placed on this issue it that it's unlawful. I am not a solicitor because I do not have an LLB nor have have I served an apprenticeship in law, prior to the LLB being introduced and accepted by the Law Society. Conversely, most DWP staff who deal with the public are only Clerical Officers, with the odd Decision Maker being of Executive Officer level.

However, with a BSc (Hons) in Social Science and a Master’s degree in Social Welfare Law, I am legally entitled to call myself a lawyer although I rarely do, and my opinion is that claimants on DLA who are maliciously reported to the DWP as having a change in their care and/or mobility needs but are subsequently after investigation and/or a visit from a Customer Compliance Officer the allegation is proved to be false, it cannot be held to have been a legal relevant change in their circumstances, and my belief is that it has been wrongfully taken out of context.

Such a decision would breach the rules of natural justice, i.e. fair play at work), and I have no doubt that a request for Judicial Review would be granted by a District or High Court Judge. I have no DLA/PIP cases outstanding at present, but if a DLA claimant is reported to the Fraud Team as having a change of needs, but it is found to be a malicious allegation without proof and false, then I will seek Judicial Review if they contact me to take on their case which I will do ‘pro bono’ then I will seek Judicial Review of any decision to force them to claim PIP rather than DLA.

I have discussed this situation with a number of ex- colleagues who are solicitors working in Law Centres and they share my views as does a Tribunal Judge who obviously I cannot name, as his advice was given “off the record’ and I must respect that stance.

Despite being 72 years old, I am still a member of DRUK, CPAG and the Social Security Law Practitioners Association (SS Law PA) and I have sought legal opinions from these organisations and will provide feedback when they reply.

The legal ethos in the UK for both civil and criminal law is that the accused is innocent until they are proven guilty, either in criminal law 'beyond reasonable doubt', or in civil law 'on the balance of probababilities' The stance the DWP are taking on this is akin to a jury finding a defendant innocent, but their decision is ignored by the Judge and he slaps a fine and/or a prison sentence on the person found innocent.

If a claimant is maliciously reported to the Fraud Line as having a change in circumstances, but after investigation it's found to be unfounded, then that claimant is innocent. Thus if they are on DLA, but forced to claim PIP instead it undermines the British Judicial System and most certainly breaches Article 6 of the Convention on Human Rights which guarantees the right to a fair trial, within a reasonable time, before an impartial and independent Tribunal. The right is a so-called 'qualified right'.

Please note my comments are for 'information only', so I'm obliged to lock this thread, to prevent it developing into a discussion, but members can respond by adding their comments in the News section topic HERE Indeed, many members have already contributed already...........keep your contributions coming in !!

Just been reading a informative and interesting post by Jim in this thread.

I have got a copy of it in my text file but doesn't seem to appear in this thread any longer, any idea where it has dis-appeared to?

WD

Mod Edit : My post was deleted by the site owner for confidential reasons. However, I was given permission to undelete it if I edited out certain parts which I have now done, but the thread is still locked to prevent it developing into a discussion.