Putting things right: complaints and learning from DWP - the ...

Mr H’s complaint about the Disability and Carers Service and
Jobcentre Plus
In Mr H’s case, neither Jobcentre Plus nor the Disability and Carers Service gave him all the relevant
information he needed about how saving the mobility component of disability living allowance might
impact on his entitlement to other benefits, despite him asking the question directly of both agencies.
Debt Management took too long to reach an overpayment decision.
Background to the complaint
In August 1999 Mr H (who was severely disabled
due to a spinal cord injury) was awarded the higher
rate mobility and care components of disability
living allowance. He also received income support.
In 2000 Mr H enquired about obtaining a modified
vehicle to increase his mobility. He believed
that the Motability Scheme did not support his
requirements and decided to save up his disability
living allowance in order to buy a vehicle and make
modifications himself. (The Motability Scheme
is overseen by a charity called Motability. People
who receive the higher rate mobility component of
disability living allowance are eligible to participate
in the Scheme. Individuals can use that part of their
disability living allowance to lease or purchase a
vehicle through the Scheme.)
In March 2000 Mr H contacted the disability living
allowance helpline and the Benefits Agency (then
responsible for income support claims), gave
full details of his circumstances and said that he
wanted to save his disability living allowance to
purchase a vehicle. He was told he could save his
disability living allowance and that other benefits
would not be affected, but he was not told that
his income support might be affected if he saved a
certain amount of money.
In 2002 Mr H became concerned that his
neighbour was making false allegations against him,
particularly in relation to benefit fraud. Mr H wrote
to ask Jobcentre Plus and the Disability and Carers
Service if allegations had been made against him
and followed those letters up with telephone calls
to Jobcentre Plus in September and October to
ask if his benefit claims were in order. He was told
that ‘everything was ok’. He was advised to contact
the Disability and Carers Service in response to his
questions about saving disability living allowance.
In October Mr H wrote to the Disability and Carers
Service and then made telephone calls in October
and November in which he spoke about his
ongoing concerns with his neighbours, and asked
for assurance that he was acting legally by saving
his disability living allowance. He was told that
the advice given in 2000 was correct and that his
disability living allowance would not affect other
benefits, even if saved.
In December 2004 Mr H telephoned the Disability
and Carers Service with a query about a pre-budget
reference to a change in the law on bank account
savings. Mr H was told that the benefit law had not
changed and that no changes that would alter his
ability to save his disability living allowance were
expected.
In February 2006 a Jobcentre Plus fraud investigator
visited Mr H and said that no amount of savings,
above the specific levels in benefits legislation,
was exempt from examination. By Mr H’s account,
he then telephoned the Disability and Carers
Service and told them that the information they
had previously given him was wrong; and that the
officer he spoke to and a supervisor had both
repeated the previous advice that he could save
disability living allowance without it affecting his
other benefits. Mr H then complained to his MP
about the handling of his case. Also in February, a
Jobcentre Plus fraud investigator told Mr H that his
Putting things right: complaints and learning from DWP | March 2009 69