This page is published in the public domain and is uncopyrighted. Feel free to copy. See Copyleft (http://www.gnu.org/copyleft/)
This website provides information on how Atos runs its business, extracts from the Contract between the DWP and Atos including the MEDICAL CONDITIONS that mean a face to face medical assessment is not always necessary, ASSESSMENTS AND POINTS, the breaches of Contract that occurred in my case, my unsound medical report and the correspondence showing how difficult it is to obtain justice or advice.
You can click on a date to link to the item on this page.
| 2012 | ||||
| 126 | 3 January | Letter | From DWP | DWP computer system fault. |
| 127 | 9 April | Letter | From DWP | ESA is due to end! |
| 128 | 12 April | Letter | To DWP | Complaint about another DWP mistake. |
| 129 | 15 April | Phone Message | From DWP | Luton Benefits Centre is closed. |
| 130 | 21 April | Certificate | From BA/DSS | P60U Certificate for 2011 to 2012. |
| 131 | 30 April | Letter | From DWP | "...disregard any further letters we issue..." |
| 132 | 30 April | Letter | From DWP | Confirm ESA has ended. |
| 133 | 4 May | To DWP | Request confirmation still in Support Group. | |
| 134 | 22 May | Letter | From DWP | Confirm ESA has NOT ended. |
| 135 | 25 May | To DWP | Ask for investigation report. |
Letter confirming that the DWP was at fault.
Department for Work and Pensions Luton Benefit Centre, Ascot Road, WATFORD WD99 1AB Tel: 0845 608 8627 Text phone: 0845 608 8551 www.direct.gov.uk Date: 3 January 2012 Dear Mr B...Your Employment and Support Allowance Claim - NI No: ...
Thank you for your email of 29 December concerning the non-payment of your Christmas bonus.
We have investigated this matter and have reported the computer system fault that caused the non-payment. We cannot trace why this happened but we apologise that it did.
We have now made a local payment and the £10 Christmas Bonus payment will credit to your bank account by 9 January.
If you require any further information, Bonita, an Employment Support Allowance Customer Service Manager at Luton Benefit Centre will be pleased to help. You can contact Bonita by post at the address at the top of this letter or by telephone on 01582 681310.
We have copied this reply to Teresa Chammings, District Manager for Bedfordshire and Hertfordshire Jobcentre Plus.
Yours sincerely
Stuart Fraser, Employment Support Allowance Manager
Letter informing me that ESA payments are due to end because I am not in the ESA Support Group. This is yet another DWP gross error.
Your reference is ... Please tell us this number if you get in touch with us Basildon Benefit Centre Winsford Way Chelmsford Essex SS14 1JEDate 9 April 2012
Dear Mr B...
YOUR CLAIM FOR EMPLOYMENT AND SUPPORT ALLOWANCE
Contribution-based Employment and Support Allowance is due to end
Our records show you have been getting contribution-based Employment and Support Allowance.
This is due to end on 30 April 2012. This is because you will have received a total of 365 days contribution-based Employment and Support Allowance which the law says is the maximum number of days you can receive this benefit for, unless you are in the support group.
Based on the information held on your current award of benefit, when your contribution-based Employment and Support Allowance ends you will not receive any money. We will continue to credit you with National Insurance contributions. These credits can help you to qualify for benefits in the future, including your State Pension.
In order to continue being credited with National Insurance contributions you may be required to provide medical evidence or attend Work Capability Assessments. We will tell you if you need to do this.
I appreciate you will be concerned about what this means for you and will want to know what happens next.
You may still be able to get Employment and Support Allowance if you do not have enough money to live on. Income-related Employment and Support Allowance may be payable if you have a low household income. This may be affected by income or capital you receive and is not usually payable if
you have a partner working 24 hours or more a week, or
you or your partner have savings and investments over £16,000
If you want to be assessed for income-related Employment and Support Allowance please contact us on the number at the top of this letter and ask about income-related Employment and Support Allowance.
If you would like to know more about other benefits you may be entitled to please visit www.direct.gov.uk/benefits or contact us on the number at the top of this letter.
Remember, you must tell us if any of your circumstances change. This includes any changes to your partner's circumstances, if you have a partner.
Yours sincerely
Susan Murray, Manager
Letter explaining to the DWP that they had made yet another mistake. I emailed Susan Murry (susan.murray@jobcentreplus.gsi.gov.uk) but this email address was not recognised.
Dear Ms Bonita Murphy,
It looks like the DWP has made yet another error. I will post the letter to Susan Murray as soon as I can. Please can you sort this matter once and for all.
Yours underwhelmed again
The attached letter:
Ms Susan Murray Jobcentre Plus Basildon Benefit Centre Winsford Way, Chelmsford, Essex SS14 1JE12 April 2012
Dear Ms Murray
NI Ref: ....
Further to your letter dated 9 April 2012, I refer you to the letter from Mr Stuart Fraser, ESA Manager, DWP Luton Benefit Centre dated 17 October 2011 and previous correspondence including the letters from Teresa Chammings, District Manager Jobcentre Plus, Bedfordshire and Hertfordshire et al.
Your records are incorrect. As I do not live in Essex and have previously been dealt with by Bedfordshire and Hertfordshire I fail to understand why you should have access to records that relate to my case.
Notwithstanding the records you have accessed are incorrect. For your information I am in the ESA Support Group and as such the DWP should continue to credit me with National Insurance contributions. Furthermore my case is currently with the Independent Case Examiner.
I quote from the 17 October 2011 letter: "I hope this letter has helped to clarify these matters. If you require any further information, Bonita, an Employment Support Allowance Customer Service Manager at Luton Benefit Centre will be pleased to help. You can contact Bonita by post at the address at the top of this letter or by telephone on 01582 681310."
Please write to me to confirm that you agree that you have made a mistake and to confirm that you have corrected your records. In addition I suggest you copy your letter and reply to the Independent Case Examiner to explain why despite a cease and desist harassment notice the DWP continues to harass me.
I look forward to receiving a speedy reply. Thank you.
Yours sincerely
Email copies: bonita.murphy@jobcentreplus.gsi.gov.uk, stuart.fraser@jobcentreplus.gsi.gov.uk, teresa.chammings@jobcentreplus.gsi.gov.uk
A phone message from Bonita informing me that Luton Benefit Centre is closed. She is working in the Luton Jobcentre Plus Office. I paraphrase:
This is Bonita from the Luton Jobcentre Plus regarding my letter. She would like to explain that Luton Benefit Centre is closed. Basildon Benefit Centre is taking over. I can phone her on 01582 545702.
Of course I did not phone back. I will wait for the letter from Basildon.
It is another expected ploy by the DWP. If the DWP moves a case from one office to another, I am not vain enough to believe just because of my case Luton was closed, the DWP can claim "it is the fault of the numpties at Luton" and the DWP is happy to report the DWP has cut out the wormwood...blah...blah...blah.
Unfortunately for the DWP, Basildon has taken over and its first action is a gross error. An organisation reflects the competence or incompetence of its leader, previously Darra Singh who has gone on to highly paid employment by a leading management consultant to provide advice to the Government. Was it forever thus?
We will see whether the DWP meets the ten day target for responding to a letter.
Certificate of Pay and Taxable Benefit and Tax Deducted/Refunded
Previous employment: ... ... Pay £ 0.00 Tax £ 0.00 Year to 2012
Deducted 5 April
benefit
for Total £ 2706.79 Taxable £ 2706.79 Tax £ 0.00
current
claim Pay and £ 2706.79 Net tax £ 0.00 Tax
Taxable Deducted District ...
benefit number
PAYE reference ESA500
Final tax code 757L X
National Insurance no. ...
Date of issue 21/04/12
-------------------------------------------------------------------------------------------------
Benefit ... File .. Print ...
Office Indicator control
P60U Issued by the BA/DSS Please read the notes overleaf
Notes for Claimants Do not destroy
For more information see leaflet IR41 which you can get from any tax or benefit office
1 Jobseekers Allowance is subject to tax.
2. This form shows details of benefit and tax paid up to 5 April. It will help you to check
your tax assessment or to fill in your tax return if you are sent either of these. Keep
your P60U in a safe place as you cannot get another one.
3. If you think the amount of taxable benefit is wrong ask the benefit office for an
explanation at once. If you are not satisfied, you have 60 days from the date of this
certificate to make an objection, in writing, giving your reasons.
If You do not object in writing within 60 days you cannot question the amount of
taxable benefit later.
4. If you have any questions about your tax affairs ask your tax office. If however you
have a query about taxable benefit get in touch with your benefit office.
Department for Work and Pensions Jobcentre Plus Basildon Benefit Centre Winsford Way Chelmsford Essex CM98 1AD www.directgov.co.uk Our ref: ... Date: 30 April 2012Dear Mr B...
Thank you for your email dated 12 April to Bonita Murphy. This was referred to me in my capacity as the Customer Services Team Manager at the Basildon Benefit Centre to reply to.
Due to the complexity of your communication I am sending you an interim response. A full explanation will be issued to you shortly. While we are investigating I would recommend that you disregard any further letters we issue about your Employment and Support Allowance (ESA) payments ending on 30 April.
In the meantime if you have any questions please contact me via the Customer Services Team's email address: BasildonBDC.TASCS@jobcentreplus.gsi.gov.uk. My telephone number is 01268 633061 and my postal address is the one at the top of this letter.
Yours sincerely.
Maggie Brown, Customer Services Team Manager
History repeating.
This was received on the 3 May 2012.
Department for Work and Pensions Jobcentre Plus Basildon Benefit Centre Winsford Way Chelmsford Essex CM98 1AD www.directgov.co.uk Our ref: ... Date: 30 April 2012Dear Mr B...
YOUR CLAIM FOR EMPLOYMENT AND SUPPORT ALLOWANCE
Contribution-based Employment and Support Allowance has ended
Our records show that you have been getting contribution-based Employment and Support Allowance.
This ended on 30 April 2012. This is because you have received a total of 365 days contribution-based Employment and Support Allowance which the law says is the maximum number of days you can receive this benefit for, unless you are in the support group.
You no longer get contribution-based Employment and Support Allowance. We will continue to credit you with National Insurance contributions, These credits can help you to qualify for benefits in the future, including your State Pension.
In order to continue being credited with National Insurance contributions you may be required to provide medical evidence or attend Work Capability Assessments. We will tell you if you need to do this.
You may still be able to get Employment and Support Allowance if you do not have enough money to live on. Income-related Employment and Support Allowance may be payable if you have a low household income. This may be affected by income or capital you receive and is not usually payable if
You have a partner working 24 hours or more a week; or
You or your partner have savings and investments over £16,000
If you want to be assessed for income-related Employment and Support Allowance please contact us on the number at the top of this letter and ask about income-related Employment and Support Allowance.
If you would like to know more about other benefits you may be entitled to please visit www.direct.gov.uk/benefits or contact us on the number at the top of this letter.
Remember, you must tell us if any of your circumstances change. This includes any changes to your partner's circumstances, if you have a partner.
QUESTIONS YOU MIGHT HAVE ABOUT OUR DECISION
If you want to know more about this decision or you think the decision is wrong.
Please get in touch with us, by phone or in writing, within one month of the date of this letter. If you contact us later we may not be able to help you. Our address and phone number are on the front page of this letter.
You, or someone else who has authority to act on your behalf, can
ask for an explanation
ask for a written statement of reasons for our decision
ask us to look again at the decision to see if it can be changed. There may be some facts you think we have overlooked or you may have more information which affects the decision.
appeal against the decision. Please see below for more information.
You can do any of the actions listed above, or you can do all of them.
You can find more information about decision making and appeals in leaflet GL24 "If you think our decision is wrong".
What happens if you ask us to look at the decision again?
If we can change the decision, we will send you a new decision. You will have one month from the date of that letter to appeal if you still disagree with the decision.
If we cannot change the decision, we will send you a letter telling you why. You will have one month from the date of that letter to appeal if you still disagree with the decision.
PLEASE KEEP THIS LETTER FOR YOUR INFORMATION
It will help us if you have this letter when you make any enquiries or need an explanation about the decision.
I appreciate that you may have concerns about this decision; please contact us on the number at the top of the letter if you would like to discuss this with us.
Yours sincerely
Susan Murray, Manager
To: BasildonBDC.TASCS@jobcentreplus.gsi.gov.uk Subject: Yet more errors by the DWP.Dear Ms Maggie Brown, Customer Services Team Manager,
NI: ...
Thank you for your letter dated 30 April 2012. Today I received a letter dated 30 April 2012 "YOUR CLAIM FOR EMPLOYMENT AND SUPPORT ALLOWANCE" from Susan Murray, Manager confirming my ESA(C) has ended on 30 April 2012 and I had one month to contact the DWP. Again Ms Murray claimed that she had consulted my records. I presume this is the sort of letter that you asked me to ignore.
If you check my record in person and find I am indeed in the Support Group I suggest capability or disciplinary actions should be taken against Ms Murray. If it is neither Ms Murray or yourself to blame I suggest you investigate who at the DWP was at fault. Gross incompetence at the DWP does not help the reputation of the DWP and much worse it hurts the dying, sick, disabled and their carers.
It appears from your letter that the DWP has mislaid my records. This would be in breach of the Data Protection Act and may be something that should be referred to the Information Commissioner's Office for independent investigation. It reinforces my conviction that the word (phone message) of the DWP cannot be trusted and that a claimant needs to always insist on an email or a letter.
I am sure the ICO would agree with me that there should be no difficulty or delay in looking up my record and confirming that I am in the ESA(C) support group. An interim letter should not be necessary. A reasonable person might conclude that your interim holding letter may be seen as the latest example of equivocation and evasion by the DWP.
I would like you to note that I have published most of the correspondence I have had with the DWP and Atos on my website see http://www.whywaitforever.com/dwpatosletters.html. If you review this web page you will see I received DWP "YOUR CLAIM FOR EMPLOYMENT AND SUPPORT ALLOWANCE" letters on 17 October 2011, 14 October 2011, 8 February 2011, 5 May 2010, 9 February 2010 et al. In addition I did NOT receive my ten GBP Christmas payment until I queried the matter in January 2012 after which it was promptly paid (software error I was told). In reviewing these dates I did not receive the DWP "YOUR CLAIM FOR EMPLOYMENT AND SUPPORT ALLOWANCE" in February 2012 which I believe I should have received. Why was this when in January 2012 the DWP agreed I was in the Support Group?
From experience I know how many months and years a DWP investigation can take. I ask you by return to email me a confirmation that either I am in the ESA(C) Support Group or that the DWP has lost my record.
I look forward to hearing from you BY RETURN.
Yours sincerely,
This was received on the 25 May 2012.
Department for Work and Pensions Jobcentre Plus Basildon Benefit Centre Winsford Way Chelmsford Essex CM98 1AD www.directgov.co.uk Our ref: ... Date: 22 May 2012Dear Mr B...
Further to my letter to you dated 3O April 2012 I am writing to you with an update about your Employment and Support Allowance (ESA) claim and the questions you raised. I can also acknowledge receipt of your email sent on 4 May.
I can confirm that you are in the ESA Support Group and that your ESA payments have not ceased from 3O April 2012 as our letter dated 9 April informed you. We raised this with our advice line and are continuing to investigate why this letter was issued. This is an ESA computer system incident which does not stem from the loss of your ESA records.
You were awarded an occupational pension from UK Power Networks last October. This and the income from your Friends Life pension exceeded your weekly ESA rate for the remainder of the 2011/12 year (99.85) from 13 October 2011. However as a result of the annual uprating of benefits exercise (conducted annually in April) your ESA rate increased to £105.05 from 12 April 2012 and we have started to pay you a small amount of ESA.
As of today you have been paid ESA up to and including 9 May. Your next payment is due to clear into your account on 23 May. I have enclosed a pre-paid reply envelope for you to confirm if your pension payments will or have increased in the 2012/2013 financial year. This is so that we can confirm we are paying you the correct rate of ESA. If you do not have the information we require I would be grateful if you could give us signed authority to approach your pension providers.
The Benefit Centre address and manager details on your recent letters are correct. DWP regularly reviews its benefit processing capacity and the sites which undertake this work. Responsibility for administering their ESA claims was transferred to the Basildon Benefit Centre earlier this year. Amendments have been made to the ESA computer system so that the office address and manager details on our letters display the Basildon Benefit Centre details.
If you have any questions please contact me via the Customer Services Team's email address: BasildonBDC.TASCS@jobcentreplus.gsi.gov.uk. My telephone number is 01268 633061 and my postal address is the one at the top of this letter. Please note that we are unable to reply to you in detail by email.
Yours sincerely,
Maggie Brown, Customer Services Team Manager
To: BasildonBDC.TASCS@jobcentreplus.gsi.gov.uk Subject: Response to your letter dated 22 May 2012.Dear Ms Maggie Brown, Customer Services Team Manager,
NI: ...
Thank you for your letter dated 22 May 2012. I appreciate your confirmation that once again the DWP has failed me and for what ever the reason the DWP, for a time, did not have access to my records and as a consequence acted negligently and without due diligence and consideration. In short it appears that DWP quality procedures failed to detect this gross error.
I would like you to provide me with a full and complete explanation of the circumstances once your investigations have been completed. I would like you to provide me with the software incident reference identifiers for this incident and for the previous software incident which resulting in the failure of the DWP to pay me the Christmas 10 GBP. This previous failure by Luton clearly should have flagged up that there was a problem. Why was no action taken? Who failed me? I reserve the right to forward the information you provide to the Independent Case Examiner and the Information Commissioner's Office for their opinion.
Regarding my pensions. In April 2012 the ... pension was increased to ... GBP per year (... per month). The ... pension is fixed and will never increase.
I do NOT grant the DWP the authority to approach my pension providers on the understandable grounds that as the DWP has failed in their duty of care under the Data Protection act to protect my records I have no confidence in the ability of the DWP to act on my behalf without my oversight.
I look forward to hearing from you.
Yours sincerely,