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Special expenses re...
 
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Special expenses rejected


Posts: 2
Registered
Topic starter
(@dad1004)
New Member
Joined: 12 months ago

Hi anyone had there special expenses rejected I put a claim in March 2024 for having my son who lives with having a disability  they have asked for evidence throughout the year which we provided they first declined it due to no dla being paid which it was and clearly uploaded I uploaded carers cost gas electricity bill water bill food bill petrol costs speech and language but still declined did a mandatory reconsideration still declined not enough evidence apparently! It’s so corrupt I’m doing all they ask they said now I need to appeal it if I think it’s wrong if I appeal does it cost me any fees ? Thanks 

2 Replies
Posts: 5379
(@dadmod2)
Illustrious Member
Joined: 6 years ago

hi, you can contact your MP and ask them to raise complaint with CMS

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Posts: 25
Registered
(@dushisbest)
Eminent Member
Joined: 2 months ago

Hello,

I'm sorry for your situation. 

To answer your direct question. "No fees". Fill in the SSCS2 and send it to the address provided with a cover letter and "copies" of all evidance.

A couple of thing to cover here.

"DO NOT TRUST THE PORTAL". If you have to use it, take regular screen shots. With your evidance always try to send by mail special delivery. (You then have proof of recipt by the CMS). The CMS provides no recipt, email or notifcation for any documents uploaded via the portal.

The same works the other way. Documents can appear and disapear from the portal. Or appear on the portal only. Insist they send every document to you by post. This is handled by a 3rd party. So the documents recived have a serial number, or barcode refrence normally on the left had margin (This contains infomation about the customer/sender, date ect). If you print them from the portal they do not have any 3rd party processing infomation, only the CMS document refrence number. If they wish to provide a faulse record of the documents (The record of your case). (And they do). It is harder to get away with. (Not to mention it is a criminal offence, under the fraud act as exsample). (Also see electronic comunications act, related CMS legislation regarding legally required notices ect).

The conviniance it not for your benafit. (They own, operate and control the portal). It can be used to put you at a disadvantage.

Yes it is corrupt. But learn the correct term. "Maladministration". (as defined Fraud act, fraud and theft act, civil servents codes of conduct ect). Know your terms, know how they are defined. Know how to prove it.

If you have sent a controlled goverment document (Award notice) relating to "Disability living alowance". They write back, sorry your income change is not 25%. That is the dishonest. Or the faulse accounting or recording of a document. (making decisions in abcence of fact, or incorret in law as covered with in the Chid maintance caculation regulation ect). That is maladministartion. It does not matter if it is delibrate or carless. 

Unfortanatly in your case the CMS have simply said you have not sent it. But with no recipt, you cannot prove you did. (Unless you can).

If your are prevented from having a recaculation your are legally entitled to under the regulations, that cost you money. That is Maladministation to create gain or cause loss. This is defined under criminal law as fraud. (If you are being forced to pay maintance or fees, you would not be legally obligated to pay under the legislation, by ignoring the evidance. That is causing loss to you. If you pay collection fees, they are directly gaining from their decision. Or as the advicate for the RP, they are creating gain on their behalf, out side of that permited under the law).

By forcing you to go to court to get an honest decision. It is abuce of power. (In that they are dictating what rights you have, what legislation they follow, out side of any law permiting them to do so, and can only do so by the office they hold).

You also need to read the complaint procedure (this comes under the benafits reform act, benafits complains procedure DWP). What you need to ask for is a supersession. A decision to super seed, all other decisions made regarding this matter. Backdated to the original request. The door swings both ways. They can superseed to carry out a back date. So can you, request a complete recaculation, based on there decisions being incorrect in law. Or made by way of maladministration or in absance of fact. If i remember you can challenge any desion made upto 18 month ago

 

Good luck to you.

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