Many of you will be aware of my ongoing saga with the Incapacity Benefit Reassessment team and their reluctance to comply with the law.
Here is their latest response. That took 6 weeks for them to formulate.
Yep you heard it first, the DWP is now employing clairvoyants as decision makers, as they can now make decisions concerning actions of claimants 17 days before the claimant even carries out this action!
I kid you not they really did send this as a response from a Higher Executive Officer.
As for looking at the facts, they had been refusing since February 2012 to make adequate adjustments under the Equality Act.
They have refered to me as an ‘LTB’ (lying thieving bastard)
Ignored the fact that while they may be sort of correct (if I had refused to involve myself in the process) which I did not. They could determine that I do not have a limited capability for work.
Guess what problem this causes?
Yep Right of Supersession, they admit they cannot supersede my Incapacity benefit paid as income support. The Welfare Reform Acts do not contain the legislation to even allow them do this.
The only way is if I signed the ESA50 with implied right under the data protection act, left declaration 5 non redacted, and they trained their staff to supersede and award made under the social security act 1998.
Until then the law states that they must reinstate the benefit.
As you can see the reason they have actually given is void in the existing legislation. They cannot legally withhold the benefit.
Yet they continue to do by over stretching their remit to try and encompass an area of law not even contained in the welfare reform acts.
6 weeks with benefit being illegally withheld, in their own admittance they know they can’t legally terminate my existing award, but they are doing it anyway…..