This week has been a very busy week for the DWP in terms of refusing Short Term Benefit Advances according to the number of requests that we have seen for help, so now is a good time to dig through the legislation and share the process that you must follow to get your negative STBA decision looked at again.short-term-benefit-appeal

As we know, Short Term Benefits Advances are basically the new name for the old Crisis Loan Alignment payments and also replace the Interim Payment facility, where by anyone making an application to Income Related Benefit can apply for a small cash advance/loan from the DWP to see them through until their claim to benefit is assessed.

However, unlike the Crisis Loan system, Short Term Benefit Advances do not have the right of appeal, this means that if you are given a negative decision, you are not able to force the DWP to justify their decision in front of the Tribunal Service by way of lodging a STBA Appeal.

We feel that removing the possibility of a decision being questioned by an outside body can only lead to more people being wrongly turned down by the DWP as they may feel that they are no longer going to be held accountable for shoddy/unfair decisions.

Something that we have noticed as being a common theme when we have looked into the refusals that we have been told about, is the fact? that when people do disagree with? a decision given and they ask what they can do about this, the stock response from the DWP seems to be ? you cant appeal, call the council?

The DWP have done a great job in banding about misinformation and causing confusion. PCS ( the Civil Service Union) think that YOU CANT ask for a recon whilst TURN2US have found that you CAN appeal a STBA decision

However We have found the DWP guidance that shows that a STBA recon is possible ( thanks to RightsNet?). see PARA124..

Don?t be fobbed off- It is possible to ask for your decision to be looked at again if turned down- even if technically is not an appeal.

Although not as robust as a full on appeal, you do have the right to ask for another DWP decision maker to look at the original decision and also take into account any new evidence that was not considered, or that you feel was considered incorrectly in the first place.

Take the following steps if you feel that a decision is wrong.

1)?? Ask the decision maker for the GENERAL reason for refusal

2)?? Ask the decision maker what direction/legislation was applied

3)?? Look up the specific legislation ( or drop us a line)

4)?? Check to see if you agree that it was applied properly

5)?? If not, write down exactly why you disagree, making note of any inaccuracies in the reasons (i.e. they say you have money, but you say that you don?t)

6)?? Write a detailed letter explaining your points and asking for? RECONSIDERATION

7)?? SIGN, DATE and include your national insurance number

8)?? Take this to your Job Centre and ask that they fax it to the STBA section

Reconsiderations are supposed to be undertaken within 48 hours, and the decision maker is supposed to call you with the outcome of the reconsideration request.

If you need help with your letter, drop me a line- I will try to put together a template and will share it on this page as soon as I am able.

 

One comment on “STBA Appeals: Know Your Rights.

  • Hi I have been turned down a appeal by ESA my orignal claim was because I was a alcoholic they called me in front of a them to assess me they said that I did not get enough points so I appealed to the lower tier courts who have also said no! My orignal claim is what they keep going by but my medical condition has got worse which they have been told I was rushed into hospital last year I was very ill nearly died I have been told that I would die if I drink again I was detoxed whilst in hospital and I have not drank since so I am not saying am an alcoholic I have serotis of the liver an my Gaul bladder has collapsed I am under prof Kiera heis putting me on the transplant list for a new liver as I could not live that long if I don’t my legs and stomach swell up terribley and am in bad pain with them also my stomach swells up and I am really tierd all the time. Some days I find it hard to walk with the swelling this is all also getting me down am very depressed as the pain in my ankles keep me awake at nite too which is really making me depressed this is what I have asked them to look at but they still keep going by my first report the points I scored from that fist interview which was befor I was rushed into hospital and told my liver was serotis, they have refused my appeal I was wondering if there is Anythink u can tell me to advise me what to do next it’s like they haven’t even looked at my medical status right now I have all the medical proof from the prof and the hospitals can you please tell me what I should do as I am unable to work I was also told to put in for disability benefit which I did and I was also refused that cause they went by my first report I am not a alcholic anymore but I think my condition is worst than being a alcholic if u could advise me what I can so or what benefits I can claim I would be grateful kind regards Paula

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