Correspondence in 2011

Jobcentreplus
Department for Work and Pensions

Office of the District
Manager
Beauver House
6 Bricket Road
St Albans
AL1 3JU

Tel 01727 773334
www.dwp.gov.uk

31 December 2010

Dear Mr B...,

Thank you for your letters of 29 September and 1 November to Mrs A Guy. They have been passed to me for answer as District Manager of Jobcentre Plus for Bedfordshire and Hertfordshire due to the nature of the issues you have raised.

I apologise for the delay in replying to you. We aim to reply to all correspondence within ten working days. I am sorry that we have not achieved this and that you have not received the level of service you have a right to expect from us.

Thank you for letting us know your current medical status. I hope that all goes well with the planned treatment.

As Anita explained in her letter of 6 September, we have not revised our decision of 29 July 2009 and therefore have not changed the group you were placed in for Employment and Support Allowance between 11 July 2009 and 28 April 2010. We accept that your condition has deteriorated from 29 April 2010 however the information available at the time of your assessment on 24 July 2009 did not show that you met the Support Group criteria.

A Medical Services Advice minute, IB59, does not exist for July 2009 because at that time there was no correspondence or query between Jobcentre Plus and Atos Healthcare concerning your case. The IB59 is only used when communication is required about a particular case between Jobcentre Plus and Atos Healthcare. Therefore not every case will have a completed IB59.

As part of our appeal process a claim is fully reviewed on receipt of an appeal before a case is submitted to the Tribunals Service. We will not review your case again before we receive an appeal from you.

I hope this letter has helped to clarify the matter. If you require any further Information Stuart Fraser, Employment and Support Allowance Manager at Luton Benefit Delivey Centre (BDC) will be pleased to help. Stuart can be contacted by post at Jobcentre Plus, Luton BDC, Ascot Road, Watford. WD99 1AA by telephone on 01582 681333, or by email at stuart.fraser@jobcentreplus.gsi.gov.uk.

If you feel that my reply fails to address the issues you raise satisfactorily, please contact Darra Singh, Chief Executive of Jobcentre Plus. Darra, or a Director of Jobcentre Plus, will then review your issues as this is the next stage of our complaints process. Darra can be contacted by post at Jobcentre Plus, Level 6, Caxton House, Tothill Street, London, SWlH 9NA, by telephone on 0207 8293364 or by email at darra.singh@jobcentreplus.gsi.gov.uk.

Yours sincerely

Carolyn Taylor
District Manager Jobcentre Plus
Bedfordshire and Hertfordshire

1 February 2011

Dear Darra Singh

Further to the letter dated 31 December 2010 which I received 8 January 2011 from Carolyn Taylor, District Manager, Jobcentre Plus, Bedfordshire and Hertfordshire, the apology letter dated 1 November 2010 from Di Newman, Correspondence Team and my letter dated 29 September 2010, I find the response unacceptable and would like you to review the response. I am still extremely weak following six weeks of radiotherapy and this is the first time I have sufficient energy to contact you.

Next week I am scheduled for my first MRI scan following the radiotherapy. My oncology consultant will see me three weeks after. I suggest the DWP is delaying matters as far as possible because a patient like myself with a brain tumour the size of a small orange is not likely to live long. Before my illness it was inconceivable that a Government department would have such a cavalier attitude to their statutory duty of care. My case and the publication of all correspondence on my website has shown many what can be expected from the DWP to the dying, the sick, the disabled and their carers. Does honour, the word of the DWP and duty of care by the DWP mean nothing? For shame!

Please can you respond to each paragraph in my letter dated 29 September 2010. In previous correspondence I have been promised compensation, I have previously suggested a not unreasonable figure considering the way the DWP has handled my case and the libel of myself by the DWP and your contractor Atos Healthcare.

I would point out that the Nursing & Midwifery Council in a letter dated 3 December 2010 (http://www.whywaitforever.com/dwpatoslettersgov.html#NMC20101203F) has found sufficient evidence against Nurse Mrs Tanya Catherine Andrews that her case has been referred to the independent Investigating Committee. It was Nurse Mrs Tanya Catherine Andrews that decided a face to face meeting was necessary in breach of contract, in breach of medical practice defined in the contract and in breach of medical ethics. Her actions were detrimental to my health. Why do you not take action against Atos Healthcare in respect of this flagrant breach of contract?

Further I would like you to review the case in respect of the Bribery Act 2010 and the predecessor statutory acts such as the Prevention of Corruption Acts 1889-1916. Why did the DWP mislead the Secretary of State? Why did Hilary Brierley, Commercial Management of Medical Services in a letter dated 3 September 2010 state, "However, I can confirm that the Department has not exercised its contractual right to access for the purposes of auditing Atos Healthcare's compliance with its contractual obligations."? Please can you explain this state of affairs. A reasonable person would be likely to conclude Atos Healthcare has offered inducements to "look the other way". Can you explain what steps have you taken to ensure corruption has not taken place?

I look forward to hearing from you. I expect a reply within the time period standards that you claim you adhere to. Please acknowledge that you have received this email within 10 working days.

Thank you.

Yours sincerely

Thank you for your email yesterday to Darra Singh. You should received a full response from us by 20 February.

Yours sincerely 
Andrea Wood
Andrea Wood 
Beds & Herts Communications Team 
Beauver House 
6 Bricket Road 
St Albans 
AL1 3JU 
01727 773312 

Your reference is ...
Please tell us this number
if you get in touch with us

Luton BDC Jobcentre Plus Ascot Road Watford WD99 1AB

Date   8 February 2011
Phone  0845 6088627
TEXTPHONE for the deaf/hard of
hearing ONLY 0845 6O88551

Dear Mr B...

YOUR CLAIM FOR EMPLOYMENT AND SUPPORT ALLOWANCE

CHANGES IN SOCIAL SECURITY BENEFITS

From 11 April 2011 the rates of Social Security benefits will change.

You are required to immediately report any change in your circumstances to us, or the circumstances of your partner if you have one.

The attached sheet shows how we worked out your money. If you want more information please get in touch with us. Our phone number and address are at the top of this letter.

We will pay this new amount from your first payday after this date.

OTHER HELP YOU MAY BE ENTITLE TO

You may be entitled to other help. To find out more about this ask us for leaflet INF2 "Other help you may be entitled to"

HOUSING BENEFIT AND COUNCIL TAX BENEFIT

You could get Housing Benefit or Council Tax Benefit. Get in touch with your local council as soon as possible. If you are already getting Housing Benefit or Council Tax Benefit you should show them this letter.

IF YOU WANT TO KNOW MORE ABOUT THIS DECISION OR IF YOU THINK IT IS WRONG

Please contact us and we will give an explanation. Our address and phone number are at the top of this letter. You should contact us within one month of the date of this letter, or we may not be able to consider any dispute.

WHAT HAPPENS AFTER THE DECISION IS LOOKED AT AGAIN

If the decision can be changed we will send you a new decision. If we cannot change the decision we will tell you why. You will still have the right of appeal against the decision.

HOW TO APPEAL

To appeal, fill in the form in leaflet GL24 "If you think our decision is wrong". Please send it to us within one month of the date of this letter. You can get this leaflet from your Jobcentre Plus Office. Your appeal will be heard by an independent appeal tribunal.

If the decision is wrong, the independent appeal tribunal can change it. But the independent appeal tribunal cannot:

• change the law that the decision is based on;
• pay more money than the law allows;
• check or change your contribution record.

If you disagree with our record of your contributions, please tell us at once. We will check your records and tell you the result. If you still disagree you can ask for a formal decision.

Jobcentre Plus staff work to offer a complete service through your Jobcentre. If you have an enquiry about your claim for Employment and Support Allowance you will be referred to the Decision Maker or appeals section.

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.

How Employment and Support Allowance has been worked out

The Employment and Support Allowance Award

The payment of Employment and Support Allowance is based on your National Insurance
Contribution records and any additional amount the law says you need to live on. We call this
Contributory based and Income Related Employment and Support Allowance.

Your living expenses                                             £67.50
Limited capability for work addition
Extra Money because you are in                                   £32.35
the Support Group
For the first week in December a Christmas Bonus payment of      £0.00 will
be made.
Which gives a total                                              £99.85
Employment and Support Allowance amount

Income and Benefits
No income will be taken off your Employment and Support Allowance

Your Employment and Support Allowance
amount of  £99.85 less total income of £0.00O
So your entitlement is                                           £99.85
The amounts on this page apply from 14 April 2Ol1.

Yours sincerely
...

Manager

Jobcentre Plus
Room 6.37 , Caxton House, Tothill Street, London SW1H 9NA
Telephone 020 7829 3364
Darra Singh, OBE
Chief Executive
darra.singh@jobcentreplus.gsi.gov.uk
www.jobcentreplus.gov.uk

                    Our ref: CE O119827
                       21 February 2011
                       
Dear Mr B...

Thank you for your email of 1 February to Darra Singh, Chief Executive of Jobcentre Plus, concerning your Employment and Support Allowance (ESA). I am replying on behalf of Mr Singh as one of the Directors of Jobcentre Plus. As you have requested, we have looked again at your letter of 29 September 2010 and I have responded below to each paragraph of your letter in order.

You asked us to review whether the information Luton Benefit Delivery Centre (BDC) gave you in the letter of 6 September 2010 was contradictory with information given by the Minister for Disabled People and Darra Singh in earlier correspondence. There is no contradiction in the information and the information in the 6 September 2010 letter is correct.

You asked us to review your case and take action consistent with the Welfare Reform Act. As we explained in our letter of 31 December 2010, you have the opportunity to appeal our decisions when you disagree with them. As part of your appeal we will fully review your case in the light of any appeal that you make. If we are unable to change, it we will forward your appeal to be heard by an Independent Tribunal.

You said in your letter that you wished to defer any appeal until we provided an IB59 that reflected your medical condition in July 2009. We also explained in our letter of 31 December 2010 that IB59 forms are not completed in every case and that there is no IB59 for the medical examination you attended in July 2009.

You have asserted that Atos Healthcare were in breach of their contract by requiring you to attend the medical examination in July 2009. This is not the case. All thase who receive ESA are required to undertake the assessment unless they meet specific exemption criteria. You also assert that you would

have been placed in the Support Group if you not attended the assessment. We do not accept that conclusion.

You state that we have a responsibility to produce an IB59 in relation to the assessment of July 2009. This is not the case. We explained the purpose of the IB59 to you in our letter of 31 December 2010 and that they may not be used in evey case. We responded to your concerns regarding Dr Ilias Macheridis and the IB59 produced in April 201O in our letter of 3 September from Hilary Brierley.

In her letter, Hilary Brierley explained that we found the doctor's report to be easily understood despite the spelling mistakes. We did not need to ask for it to be reworked and made our decision based on the information it contained. Any appeal against our decision should normally be made within one month but late appeals can sometimes be accepted. The decision on whether a late appeal can be accepted will be made by the Tribunals Service when they receive you appeal. We will provide them with information from your letters to us when they consider this.

I cannot comment on your statements about your allegations of assault, bribery and libel in your letter of 29 September 2010 or your email of 1 February. I will also not comment on any Nursing and Midwifery Council and General Medical Council investigations of named Atos Healthcare employees nor about any investigation by the Ministry of Justice. Should any of these investigations require our co-operation we will be happy to provide it. As I have mentioned earlier, we have accepted that the information in the IB59 dated 23 April 2010 is clear despite the spelling errors. We will not reject it as substandard.

In her letter of 3 September 2010, Hilary Brierley explained that we are prepared to consider reimbursing you for any costs you incurred while we have been corresponding with you. She explained that you should send details of these to us at Luton BDC. We cannot consider the nominal amount you mention in your letter without a breakdown of what these costs were along with supporting information such as invoices, receipts or itemised statements.

In your e-mail of 1 February you asked us to look at why Hilary Brierley stated that we had not exercised our contractual right to audit Atos Healthcare's compliance with the contract. In her letter Hilary had explained the processes we have in place to ensure that Atos Healthcare meet the performance and quality targets defined by the contract. Under Clause 10.1 of the contract we can further obtain reasonable access to information when we need to do so for the purpose of;

• supplying information for parliamentary, judicial or other administrative purposes;

• audit compliance with contractual obligations;

• audit activities, security and integrity in connection with the provision of services.

Atos Healthcare provide the Department with sufficient data to monitor its contractual compliance and have fully cooperated with previous National Audit Office examinations. We have found no cause to seek additional access. We do not believe that your complaints constitute reasonable grounds, as expressed within Clause 1O, for us to seek access to further information.

I hope this letter has helped to clarify these matters. I note your comments on the extent to which your health has deteriorated and I realise that this will be a disappointing response for you. I have explained that you may still appeal and we have also explained the role of the Independent Case Examiner in earlier letters to you.

If you are not satisfied with the action taken by Jobcentre Plus, you can contact the Independent Case Examiner (ICE) within six months from the date of this letter. ICE offers a free impartial resolution service but does not consider matters of law or government policy. ICE can be contacted by telephone (0845 606 0777), in writing (PO Box 155, Chester CH99 9SA), or by email (ice@dwp.gsi.gov.uk). Full details are available on the ICE website at www.ind-case-exam.org.uk.

Alternatively, if you require any further information, Stuart Fraser, Employment and Support Allowance Manager at Luton Benefit Delivey Centre (BDC) will be pleased to help. Stuart can be contacted by post at Luton BDC, Ascot Road, Watford, WD99 1AB, by telephone on 01582 681333, or by email at stuart.fraser@jobcentreplus.gsi.gov.uk.

MATTHEW NICHOLAS
EMPLOYERS AND STAKEHOLDERS DIRECTOR
ON BEHALF OF THE CHIEF EXECUTlVE

Date:     15 March 2011 16:31
To:       darra.singh@jobcentreplus.gsi.gov.uk
Cc:       stuart.fraser@jobcentreplus.gsi.gov.uk
Subject:  Evasive Response to my Request for Review

Dear Darra Singh,

In response to the letter written on your behalf by Matthew Nicholas, DWP Director of the 21 February 2011. It is, as I expected evasive, and failed to address the substantive failures made by the DWP in protecting me from the consequences of the lies and libel that Atos Healthcare delivered in the "medical" advice that they provided to the DWP Decision Maker and in the subsequent cover up by Atos Healthcare.

I treat, with utter contempt, your feigned concern for my medical condition. It is another clear example of your evasion in that if you did care for my condition you would follow the moral imperative i.e. your duty of care.

I note that in your letter you did not address your duty of care to me as a patient. Clearly in your mind as a disabled person I am worth far less that an able bodied person. I have some sympathy with this view. I am for the first time in my life in need of DWP assistance. It is evasive for you to say that you comply with the rules and regulations yet make it as hard as possible to provide assistance. I ask you to be honest and confirm the truth that is a DWP objective to avoid or evade making payments to as many disabled people as possible for as long as possible.

Clearly you are meeting your objective as the level of suicides of DWP "customers" increases. Increasingly those denied benefits through the evasive wiles of the DWP depend on charity food parcels, soup kitchens etc or sit in homes without heating and lighting waiting to be so ill that they are admitted to hospital. How proud you must be of your reduced payments! I expect your success is reflected in your remuneration.

I can see the advantages of your utilitarian view of making life difficult for those who no longer can contribute to the state. Clearly the DWP has turned a Nelsonian eye to the Human Rights Act 1998, the European Convention on Human Rights and the UN Universal Declaration of Human Rights. I would like you to be honest and confirm the reason for your action.

By using Atos Healthcare to provide medical advice you distance the DWP from any responsibility in respect of medical opinion. It is evasive for you to suggest the matter be referred to the Independent Tribunal. You know as well as I that the Tribunal considers process and specifically excludes medical opinion. Look how many Tribunals have been reported as stating words to the effect: "It not within the competency of the Tribunal to consider the veracity of medical opinion". I agree with the Tribunal in this respect. If the DWP does not carry out audits there is no firm evidence of the medical wrong doing of Atos Healthcare.

My medical condition and the information available to the DWP was unchanged when the DWP decided to change its decision to place me in the Support Group. Unlike Einstein who stated "God does not play dice", the DWP appears to play dice in deciding to award or deny payments. You state that the DWP did not have a responsibility to produce an IB59 in July 2009 and yet the DWP eventually produced one without any further medical information. Was this negligence or incompetence? Or was it that the DWP lied to the Secretary of State regarding who carried out the assessment of the ESA albeit, presumably, because Atos Healthcare lied to the DWP?

I suggest that the DWP was concerned that the DWP might be implicated in that the DWP is charged with auditing Atos Healthcare. It is evasive for you to repeat that the Contract states that audits should be carried out. You have confirmed, by ommision, in your letter that Hilary Brierley was correct in her statement that the DWP does not choose to audit. If the DWP had audited Atos Healthcare, it would have found that a nurse decided a cancer patient should attend an face to face assessment and thus was in flagrant breach of the Contract. The DWP does not audit Atos Healthcare so that the DWP can deny any responsibility for the actions of Atos Healthcare. The DWP, by its actions or lack of actions, appears to be interested in denying payments to as many patients as possible and are aided and abetted in this by Atos Healthcare.

It is evasive of you not to address why the DWP does not follow the NAO audit procedure, please refer to previous correspondence, regarding the "Atos Independent Tier". If the DWP followed the NAO procedure the DWP would not be able to deny any responsibility for the actions of Atos Healthcare. The DWP prefers an evasive procedure allowing Atos Healthcare to self regulate keeping the DWP outside the process and therefore the DWP can deny responsibility and liability. The DWP cannot rely on the "Eichmann" defence. The DWP is responsible for all the actions of the contractors of the DWP. You have been informed of the misdeeds of Atos Healthcare. You could, through audit, take action to ensure Atos Healthcare conforms to the Contract. You, as leader of the DWP, choose to do nothing. I have a brain tumour and my judgement may be flawed but I think you act in this way because of neglect, incompetence or you have been bribed. I would be interested in your explanation for this state of affairs.

I previously asked under the Freedom of Information Act to provide me with copies of the audits the DWP have undertaken of Atos Healthcare. The audits are listed in the Contract. You will not be surprised at the response I have received.

It is evasive of you not to consider the role of Unum in the development and implementation of ESA. You are aware that in all the states of the US Unum was found guilty of operating "disability denial factories". Unum were forced to change their procedure, carry out large numbers of reassessment and pay large fines. Clearly if the DWP felt it had a duty of care to a patient, the DWP would make sure that the procedure used in the UK has been amended. Unum, prior to settlement, was described as an outlaw organisation. As the legal systems in the UK and US are so similar, I find it hard to believe that any organisation that implements Unum pre-settlement procedures can be described as anything other than an outlaw organisation. The DWP, as far as I am aware, has not reviewed and amended the ESA process. The DWP declines to audit Atos Healthcare and so can deny responsibility. This suggests that if the DWP operated in the US, in this respect, it would be declared an outlaw organisation and not allowed to operate until it changed the procedure, carried out reassessment of every case and paid a fine.

As a further example of the evasion of the DWP is the failure by the DWP to provide email addresses that can be used by claimants. The DWP seems determined to avoid a trail of emails and letters that can be used in a Tribunal.

In my view the DWP should ask the GMC to provide an independent medical audit of the decisions of Atos Healthcare. The DWP would be given assurance that my case was a one-off.

Alternatively I have previously asked the DWP to provide me with a potassium cyanide capsule that would allow me to end my life and end further costs to the DWP. The DWP has refused. I am sure you could ask an Atos doctor to provide me with a prescription. You could ask the Atos doctor who defamed me by libel or the one who lied to the DWP about who decided the face to face assessment so that the DWP in turn lied to the Secretary of State. I believe a civil servant who lies to the Secretary of State is committing an act of treason. I have never been in favour of capital punishment but I may make an exception for this form of treason.

Regarding compensation, I would like you to treat me without discrimination. The DWP does not require itemised bills from Atos Healthcare as I believe the DWP has stated to a Parliamentary Inquiry. I have justified in my previous letter my request for an ex-gratia payment of £2,000 (two thousand). Requiring invoices etc for a patient with a brain tumour who has received six weeks of radiotherapy is unreasonable. Please review the emails, the letters, the libel and the procrastimation. The amount is not unreasonable. I request you to instruct Luton BDC to pay the amount and not waste more taxpayers or my resources on this trifling matter.

An organisation reflects the morals and standards of their leader. The DWP and you are dishonourable and dishonoured. I expect your reply will be delayed for months hoping that I die in the meantime. Surprise me, pay the monies owed to me, change the ESA procedure in line with the US Unum changes, audit Atos Healthcare and take them to court to retrieve the monies obtained by deception by Atos Healthcare as in my case. Atos Healthcare should be asked to reassess all those denied benefits, be independently audited and in addition follow the NAO Independent Tier procedure.

Maybe quality checking correspondence might help. Perhaps you can point out to Matthew Nicholas the first line on page 2 where I believe the word "had" is missing. It is worrying that a high paid executive of the DWP has difficulty with English grammar. Please review all the letters from the DWP that I have published on my website. Such shoddyness appears to be endemic. I suggest as leader of the DWP it is not a value to be proud of. You can see why I would think clear simple advice for patients or is it claimants or is it customers is something that is actively discouraged by you. I note Parliament and the Legal System always use "claimant". I note when the DWP provides information to Statutory Bodies it uses claimant but in one letter I have had from the DWP I have been referred to as patient, claimant and customer. Explain that!

The DWP as it is now, under your leadership, is a shower. If you were honourable you would resign and let someone more capable handle this difficult, sensitive and most vital of positions.

I apologise for my blunt tone unfortunately pain, tiredness, plus having been given the run around since July 2009 and the evasive latest DWP letter eventually takes its toll and civility suffers. Please write to me and email your response as it is easier for me to publish your reply on my website.

Yours sincerely

Mr B...

Copy to Stuart Fraser, ESA Manager at Luton Benefit Delivery Centre

      	jobcentreplus
		Department for Work and Pensions
		Office of the District Manager
		Beauver House
		6 Bricket Road
		St Albans
		AL1 3JU
		Tel: 01727 773312
		www.dwp.gov.uk

		18 April 2011
      

Dear Mr B...

Thank you for your email of 15 March to Darra Singh. I am sorry for the delay in replying to you.

It has been passed to me for reply as the issues you have raised we have already addressed. If you are still unsatisfied with the service you have received from us you can apply to the Independent Case Examiner (ICE). ICE offers a free, impartial resolution service but does not consider matters of law or government policy. ICE can be contacted by telephone (0845 606 0777), in writing (PO Box 155, Chester CH99 9SA), or by email (ice@dwp.gsi.gov.uk). Full details are available on the ICE website at wwww.ind-case-exam.org.uk.

Yours sincerely

...

pp Teresa Chammings
District Manager Jobcentre Plus
Bedfordshire and Hertfordshire.
      

Certificate of Pay and Taxable Benefit and Tax Deducted Refunded - Year to 5 April 2010

Previous employment: ... ...     Pay      £    0.00  Tax Deducted     £  0.00  

Benefit
for      Total £ 5040.07         Taxable  £ 4933.22 Tax Refunded     £  0.00
current
claim
                                 Pay and
Total for year ... ... ....      Taxable  £ 4933.22  Net Tax Deducted £  0.00
                                 benefit 

                                                              PAYE reference ESA500
                                                              Final tax code ...
                                                              NI no          ...
                                                              Date of issue  23/04/11

       Benefit Office code ...        File Indicator ..       Print control ......

P60U      Issued by the BA DSS                       Please read the notes overleaf

Notes for the claimant                      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 with in 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.

To: stuart.fraser@jobcentreplus.gsi.gov.uk
CC: darra.singh@jobcentreplus.gsi.gov.uk; customer-relations@atoshealthcare.com

Subject: Status

Date 27 May 2011
 
Dear Sir,
 
NI Ref: ...
 
1. Please can you provide me with information on my NI contributions record.
 
2. I have recently received a request dated 26 April 2011 reference ... 
   from Atos Healthcare to once again complete an ESA50 03/11 Form.  
   The covering letter requested me to fill in the questionnaire no later 
   than 10 June 2011.  Today I received a reminder letter dated 25 May 2011  
   I refer you to the letter from Darra Singh dated 21 February 2011 in particular 
   the statement that I have six months from this date to refer my case, 
   which dates back to June 2009, to the Independent Case Examiner.  
   I am still considering the matter.  I would like to defer the need to complete 
   another ESA50 until all legal avenues of redress have been exhausted.
 
3. You will be aware that a panel of the NMC Investigating Committee considered the 
   case of Nurse Mrs Tanya Catherine Andrews on 11 May 2011.  In a letter dated 3 December 2010 the NMC 
   wrote to me that they were investigating "whether there is sufficient evidence 
   to justify referral for a hearing".  In a letter dated 24 March 2011 the NMC 
   confirmed that the hearing will take place on 11 May 2011.  This inquiry is held 
   in private. In a letter dated 17 May 2011 the panel noted my allegation that the 
   Nurse failed to read information on the ESA50 form.  They noted that the Nurse's 
   employers had investigated the matter.  Under case law the panel are required to 
   see if the misconduct is easily remedial and whether it has been remedied. It 
   appears that the Nurse is able to read and Atos Healthcare have assured the NMC 
   that they conduct audits of the assessments.  The letter did not say why the 
   misconduct happened and why Atos Healthcare failed in my case. I remind you that 
   this Nurse who, in breach of the Contract between the DWP and Atos and in breach 
   of medical ethics, decided that a face to face assessment was necessary in my case.
 
4. The previous Secretary of State for Work and Pensions informed me, based on information 
   provided by the DWP which I assume was based on information from Atos Healthcare, 
   that the decision that a face to face assessment was made by a medically competent 
   authority.  This was not true in my case.  I have not heard that the Parliamentary 
   record has been corrected.  I have not heard that approval has been removed from 
   this Nurse by the DWP.  I hope that appearing before the NMC panel will underline 
   the importance to this Nurse and Atos Healthcare of reading the ESA50 and applying 
   the rules defined by more competent medical authorities. 
 
5. You are aware of the details of my medical condition and in particular my difficulties 
   in writing.  If the DWP does require me to complete the ESA50 questionnaire again, 
   I would be pleased if the DWP completes it for me, using the information as in the 
   15 June 2009 version and the medical information I have provided to the DWP in 
   subsequent correspondence.  Please note I saw my oncology consultant Dr ... 
   at ...Hospital yesterday for the results of the MRI scan taken three weeks earlier.  
   My brain tumour has not changed significantly from last time (February 2011) and 
   my next scan is to be scheduled for 4 months (September 2011).  My symptoms are 
   intermittent and I, as a lay person, am unable to assess my capabilties.  Most days 
   I still need 16 plus hours of sleep and rest.  I have memory, concentration, balance, 
   mobility and vision issues and experience some pain at times.  The occurrence of these 
   symptoms are not predictable.  I do physiotherapy exercises as much as I can to build 
   back my right side.  With my consultant's agreement I have ceased taking Diazepram, 
   which I took for the extreme pain during fits and to reduce the amplitude and force 
   of my arm and leg thrashing. I would like to reduce the anti-convulsant drugs I take 
   daily.  You are welcome to contact my GP and or my consultants at ...Hospital.     
 
6. It is frustrating and depressing that despite removing my CV from job sites, weekly 
   I receive job descriptions for 50K-70K IT jobs which I would be perfect for.  You 
   may be aware of my top flight IT skills.  Try entering "DWP ESA Atos" in any search engine!
 
7. If the ESA50 needs to be produced, I would prefer the ESA50 information supplied 
   to me in electronic form so that it can be published more easily on my website.
 
8. If the ESA50 needs to be produced, I would further like to know the name of the 
   medically qualified individual that will assess whether a face to face assessment 
   is now necessary, given that it was not required previously and my medical condition 
   has deteriorated from the state it was on the 15 June 2009.
 
9. Please can you inform Atos Healthcare to cease and desist their harassment of me 
   until such time as a competent medical authority with full access to all the facts, 
   my GP or consultants, have confirmed that my medical condition has changed 
   sufficiently to the better.
 
Please acknowledge this email and let me know if you have any comments that you feel 
needs further discussion.
 
I look forward to hearing from you.
 
Yours faithfully
 
Mr B...
   
Copy to Customer Relations Atos Healthcare
  

   Department for Work and Pensions
   Office of the District Manager
   Beauver House
   6 Bricket Road
   St Albans
   AL1 3JU
   Tel: 01727 773312
   www.dwp.gov.uk

25 July 2011

Dear Mr B...

Thank you for your email of 27 May to Stuart Fraser. I am replying as District Manager of Jobcentre Plus in Bedfordshire and Hertfordshire.

HM Revenue and Customs administer National lnsurance contribution records. They can be contacted via the website Directgov or by telephone on 0845 3001479.

As you are aware all customers in receipt of Employment and Support Allowance (ESA) are required to complete regular Work Capability Assessments (WCA). The first part of an assessment is the completion of a questionnaire (ESA50). Due to the information we currently hold concerning your health issues, Atos Healthcare have written direct to your medical practitioner for information to update our records. To date they have not received a reply.

The other issues you have raised we have already addressed. I hope this letter has helped to clarify the remaining matters. If you require any further information, Anita Guy, ESA WCA Team Leader at Luton Benefit Centre will be pleased to help. Anita can be contacted by post at Luton Benefit Centre, Ascot Road, Watford, WD99 lAB, by telephone on 01582 681347, or by email at anita.guy@jobcentreplus.gsi.gov.uk.

If you feel that my reply fails to address the issues you raise satisfactorily, please contact Darra Singh, Chief Executive of Jobcentre Plus. Darra, or a Director of Jobcentre Plus, will then review your issues as this is the next stage of our complaints process. Darra can be contacted by post at Jobcentre Plus, Level 6, Caxton House, Tothill Street, London, SW1H 9NA, by telephone on 0207 8293364 or by email at darra.singh@jobcentreplus.gsi.gov.uk.

Yours sincerely

Teresa Chammings
District Manager Jobcentre Plus
Bedfordshire and HeMordshire.

To: anita.guy@jobcentreplus.gsi.gov.uk
CC: teresa.chammings@jobcentreplus.gsi.gov.uk
    darra.singh@jobcentreplus.gsi.gov.uk
    customer-relations@atoshealthcare.com

Subject: My ESA(C) Case

Dear Ms Guy

NI Ref: ...

Thank you for finally replying to my email of 27 May 2011. You will note that you have taken two days shy of two months in responding and once again failing to reply to the issues of substance. Perhaps my recent submission of evidence to the Prof Harrington Independent Review of the DWP WCA is a coincidence. Once again I am underwhelmed by what a reasonable person would conclude as neglect or incompetence or worse. Please write to me and explain the reasons for the delay. I would like to submit your justifications for the delay as additional evidence to Prof Harrington.

Regarding the DWP continued use of the terms "customer" or "client", I have noted and considered legal opinion on the fallacious argument that people are more familiar with "customer" and "client" than they are with "claimant". "Claimant" has been in used for many generations. The use of the unjustifiable terms "customer" or "client" belittles my medical condition, insults my intelligence and ignores my inalienable rights under Commmon and Statute Law to be treated with dignity and respect. Therefore I require you to cease and desist your harassment of me by using the terms "customer" or "client". I further require you to comply with the Legislation and the Contract and use "claimant". If the DWP feels differently it can petition for Parliament to provide clarification and it is then up to Parliament to redefine the term "customer", though I suggest this would have widespread consequences not least amendments to the "Sale of Goods" Act and the "Companies" Act. Clearly this matter is one that could be subject to Judicial Review but the costs of this would not be welcome to taxpayers or petitioners.

Notwithstanding the above, I am pleased that after around two years and two months the DWP and Atos have at long last decided to comply with the Legislation and the Contract between the DWP (the Customer) and Atos (the Contractor). I take this as an implicit admission that the DWP and Atos has failed to comply afore now.

One issue outstanding is compensation for which I will accept a figure of two thousand (£2,000) GBP. If you take into account the injuries to my person, the defamation by libel (the ESA85), which resulted in financial loss, the delays and errors, the worry, the submission of evidence to Parliament and Parliamentary Inquiry and Review, and the costs associated with my website in particular the publication of pertinent parts of the Contract allowing other claimants to know their rights. The DWP and Atos have in their correspondence implicitly admitted liability. My claim is reasonable considering the compensation awarded in similar cases in the High Court.

However, I am willing to waive my claim to compensation if you can confirm that the DWP, in accordance with the Contract, has removed approval from Nurse Mrs Tanya Catherine Andrews (PIN 97C0338E) whose case was considered by the NMC on 11 May 2011, and has removed approval from Dr Ludmila Semetillo (GMC number: 6165133), who libelled me. You should note the GMC comment that it is up to employers, the DWP in this case, to take action. Please can you further confirm that the DWP is reviewing all cases that these two have been involved in.

Regardless of the above I will publish, as a public service, the names of Nurse Mrs Tanya Catherine Andrews, Dr Ludmila Semetillo and Dr Ilias Macheridis on my website so that other claimants can be warned of how they have carried out their duties in my case. However I am willing to grant these two and others who have been named on my website, including yourself, the right to be published on my website. I am expecting apologies or justifications for the actions taken.

Finally my website will remain as a damning indictment to how the DWP and Atos treated the dying, the sick, the disabled and their carers. I expect history, reviewing this evidence, will look back at this time and regard the DWP and Atos as we now regard the Poor Law, Workhouses and those who worked in them. Shame on you all.

I look forward to the DWP reply.

Yours sincerely

Mr B...

Copy to:
  Darra Singh, Chief executive of Jobcentre Plus, DWP.
  Teresa Chammings, District Jobcentre Plus, Bedfordshire and Hertfordshire.
  Customer Relations Atos Healthcare. 

   Department for Work and Pensions
   Office of the District Manager
   Beauver House
   6 Bricket Road
   St Albans
   AL1 3JU
   Tel: 01727 773312
   www.dwp.gov.uk

   Our ref: ..

   12 August 2011

Dear Mr B...

Thank you for your email of 31 July to Anita Guy. It has been passed to me for reply as District Manager for Jobcentre Plus in Bedfordshire and Herrfordshire. I also responded to your previous correspondence and apologise for the delay in sending that response. While we aim to meet our 10 day target for responding to correspondence, it is not always possible and I am sory that we did not meet the target in your case.

I acknowledge that you do not like to be referred to as a 'customer' or 'client'. We have been using these terms for many years as the nature of our business has evolved and we now work more closely with individuals to help them return to work. We have noted that you wish to be referred to as a claimant however, please note that any ' automatically produced letters sent to you will not include this term of address.

With regards to our working relationship with other groups such as Atos Healthcare please be assured that processes are continuously monitored so that changes can be made if the need arises.

In your email you mention compensation of £2000. In order to consider this matter you will have to provide more information of the reasons you have requested this. We will then be happy to consider your request. Please note that we cannot help you with the costs of your website. We also have no jurisdiction over Atos Healthcare employees. Atos Healthcare is independent from the Department for Work and Pensions.

I hope this letter has helped to clarify these matters. If you require any further information, Andrea Wood, Bedfordshire and Hertfordshire District Correspondence Team at St Albans will be pleased to help. Andrea can be contacted by post at Jobcentre Plus, ODM, Ascot Road, Watford WD99 1AU, by telephone on 01727 773312 or by email at andrea.wood1@jobcentreplus.gsi.gov.uk.

If you feel that my reply fails to address the issues you raise satisfactorily, please contact Darra Singh. Chief Executive of Jobcentre Plus. Darra, or a Director of Jobcentre Plus. will then review your issues as this is the next stage of our complaints process. Darra can be contacted by post at Jobcentre Plus, Level 6, Caxton House, Tothill Street, London. SW1H 9NA, by telephone on 0207 8293364 or by email at darra.singh@jobcentreplus.gsi.gov.uk.

Yours sincerely

Teresa Chammings
District Manager Jobcentre Plus
Bedfordshire and Hertfordshire 

To: andrea.wood1@jobcentreplus.gsi.gov.uk
CC: teresa.chammings@jobcentreplus.gsi.gov.uk
    darra.singh@jobcentreplus.gsi.gov.uk
    customer-relations@atoshealthcare.com

Subject: My ESA(C) Case

Dear Ms Wood

NI Ref: ...

WITHOUT PREJUDICE

Thank you for your letter dated 12 August. It is shocking that you are so insensitive to this claimant by apologising letter after letter for your failure to meet the ten day target. Please review the voluminous correspondence between the DWP and this claimant. I cannot recall when you have achieved this target. An apology is meaningless if there is no intent in meeting the target. Companies who have real customers pay compensation when failing to meet a published target. The DWP seems to pretend to itself that it has customers but seems to be bereft of what customer service means. This claimant, who, unlike a true customer, has only one option and must have his claim processed by the DWP puts the underwhelming DWP performance down to either ignorance, incompetence or negligence. In the private sector this is invariably the result of poor management. I am not qualified to speculate about public sector management.

I note that the DWP has agreed with my legal argument and will refer to me as "claimant" in future. This is a precendent. I am pleased I have established, and the DWP has accepted, this principle. I expect future revisions to standard documents to only use "claimant". I am pleased that the DWP is so organised that it dates each revision and publishes this on each document. This will ease the task of auditing.

I have no interest in the monitoring of Atos Healthcare processes. My interest is that the DWP conforms to NAO procedures in particular to the NAO procedure for the Independent Tier process and Atos Healthcare conforms to the Contract and produces all the management reports as listed and that the DWP audits closely Atos Healthcare. Note in earlier correspondence the DWP clearly says it declines to audit Atos Healthcare. The audit reports are not available through Freedom of Information requests. Thus the DWP fails to comply with the Contract and thus fails to audit. Please check before you make such false claims.

I have been denied payments due, including the Christmas payment, by the DWP and Atos. The DWP and Atos should be both able to read the Contract and read that for a brain tumour the claimant's GP and consultants should be consulted before deciding whether a face to face meeting is necessary. The DWP publish reports on the medical conditions of claimants. Why did the DWP DM not pick up on this? Why did Atos behave as it did?

I cannot believe the DWP has the gall to state that the DWP has no jurisdiction over Atos Healthcare employees. Read the Contract. The DWP MUST approve every Atos doctor and every Atos nurse. The DWP can remove approval. In my case there was a nurse who failed to read and a doctor who failed to read, then made things worse by carrying out an assessment thereby assaulting me and finally produced a nonsensical libellous report which resulted in me not being placed in the Support Group. What stronger grounds can there be for the DWP to remove approval from this nurse and doctor.

Please note my case is being considered by the Independent Case Examiner.

Finally I would like to inform the DWP that due to my exceptional medical condition and my short life expectancy, under scheme rules, a company pension scheme I have contributed to has decided to award me with a pension of £15,068.88 per annum. This is to be backdated to 14 April 2011. I expect I will receive the first payment in a couple of months. The DWP and Atos should note the pension scheme medical advisor contacted my GP and consultants. Please can you let me know if this pension affects the DWP ESA(C) Support Group payments that I currently receive.

I look forward to the DWP reply.

Yours sincerely

Mr B...

Copy to:
  Darra Singh, Chief Executive of Jobcentre Plus, DWP.
  Teresa Chammings, District Manager Jobcentre Plus, Bedfordshire and Hertfordshire.
  Customer Relations Atos Healthcare. 

Department for Work and Pensions
Office of the District Manager
Beauver House
6 Bricket Road
St Albans
AL1 3JU

Tel: 01727773312
www.dwp.gov.uk
                                    9 September 2011
Dear Mr B...

Thank you for your email of 24 August. Firstly, please accept my assurance that we do aim to meet our target for responding to correspondence however, as we cannot always accurately predict the volume of correspondence that we will receive, it is unfortunately not always possible.

In my letter of 12 August I have stated that we are happy to refer to you as a 'claimant' however, we have no current plans to change our terms of reference for other people who use our services. Our computer generated letters will still refer to those using our services as customers.

As my letter states, Jobcentre Plus works closely with Atos Healthcare who provide us with professional medical advice as we are not medically qualified. Our decision makers work with the information provided by Atos Healthcare; we do not influence Atos Healthcare as to whether they need to see an individual or not.

I apologise for the misleading information given in our previous letter concerning Atos Healthcare employees. The Chief Medical 0fficer, who is employed by the Department for Work and Pensions, does have to agree the appointments of the professional medical staff employed by Atos Healthcare. However, once employed the staff are required to meet Atos Healthcare's terms of employment and are subject to their internal disciplinay procedures.

Thank you for informing us about your private pension. from the information you provided I can confirm that this will affect your payments of Employment and Support Allowance. Please send confirmation of your pension details to Bonita Murphy, Employment and Support Allowance Team Manager at Luton Benefit Centre. Bonita will calculate your entitlement to benefit taking into consideration your new income.

I hope this letter has helped to clarify these matters, If you require any further information Bonita can be contacted by post at Luton Benefit Centre, Ascot Road, Watford WD99 1AB, by telephone on 01582 681310, or by email at bonita.murphy@jobcentreplus.gsi.gov.uk.

If you feel that my reply fails to address the issues you raise satisfactorily, please contact Darra Singh, Chief Executive of Jobcentre Plus. Darra, or a Director of Jobcentre Plus, will then review your issues as this is the next stage of our complaints process. Darra can be contacted by post at Jobcentre Plus, Level 6, Caxton House, Tothill Street, London, SW1H 9NA, by telephone on 0207 8293364 or by email at darra.singh@jobcentreplus.gsi.gov.uk.

Yours sincerely

Teresa Chammings
District Manager Jobcentre Plus
Bedfordshire and Hertfordshire

To:      teresa.chammings@jobcentreplus.gsi.gov.uk
Cc:      darra.singh@jobcentreplus.gsi.gov.uk
Date:    21 September 2011 16:39
Subject: My ESA(C) Support Group Case

Dear Ms Chammings,

WITHOUT PREJUDICE

Thank you for your letter dated 9 September 2011.

1. In your third paragraph you state "we do not influence Atos Healthcare as to whether they need to see an individual or not". I remind you that the DWP and Atos Origin (trading as Atos Healthcare) has signed a Contract in which the medical conditions are defined and the actions that Atos should take are defined. You are aware of the multiple breaches of the Contract by Atos Healthcare in my case. There should be no question of "influence" but the DWP should enforce the Contract in full. The concept of "influence" is not defined and does not appear in the Contract and thus is non sequitor. The DWP decision makers should work with their contractor Atos and both should operate in compliance with the Contract. The clauses in the Contract are not optional and are not subject to the arbitrary whims of either party. If a claimant is subject to arbitrary actions then this may be a human rights issue.

2. I accept your apology for providing misleading information. It is well known that organisations reflect the qualities of the leaders of an organisation. Your ignorance speaks volumes. Consider the number of decisions overturned at appeal. A private industry maxim is "work smarter not harder". If the DWP fails to publish on the DWP website the main clauses of the Contract and if it fails to provide the Contract to decision makers then the DWP will create a torrent of work and many dying, sick, disabled and their carers will suffer. Hopefully few will suffer the physical abuse I received due to the incompetence of the DWP and in particular from Atos Origin (trading as Atos Healthcare).

3. I am concerned that you, as the District Manager, and the DWP decision makers appear to be ignorant of the important clauses in the Contract. The Contract defines actions which need to be taken by the decision makers. No medical knowledge is required for these actions. My ESA50 form stated my medical condition as a brain tumour. The Contract states that my GP should have been consulted prior to deciding whether a face to face assessment was necessary. A DWP decision maker should have read if the ESA85 is written to the standard of English defined in the Contract. The Contract lays a duty on the DWP decision maker to protect the claimant from abuse or arbitrary actions. I was abused by Atos Healthcare and was subject to arbitary action. In my case the DWP decision maker failed in their duty to me and you, as manager, failed and continues to fail to meet your obligations as set out in the Contract. Every DWP decision maker should have a copy of the Contract at hand to be aware of their duties. I have published the extracts of the Contract as obtained under FOI. See (http://www.whywaitforever.com/dwpatoscontract.html)

4. Now that you are familiar with the Contract, I would like you to recommend to the Chief Medical Officer that approval be removed from Nurse Mrs Tanya Catherine Andrews, from Dr Ludmila Semetillo and from Dr Ilias Macheridis. You should be familiar with the reasons. A summary follows: The NMC found Nurse Mrs Tanya Catherine Andrews failed to read the ESA50 and failed to hand the ESA50 to a doctor. Dr Ludmila Semetillo carried out an illegal assessment as she did not first contact my GP or consultants. The standard of English of Dr Ludmila Semetillo and Dr Ilias Macheridis is below the standard defined in the Contract. See (http://www.whywaitforever.com/dwpatosformesa85.html) and (http://www.whywaitforever.com/dwpatosformib59a.html).

5. I remind you that I have not received the compensation sum that has been discussed.

6. Regarding my private pensions, when I have all the details I will inform Ms Murphy. I understand that the ESA(C) payment will be reduced dependent on the size of the pension. I presume, as my GP and Consultants have confirmed I can never work again, I will continue to be classified as being eligible for ESA(C) and all this means in respect of my NI contributions, other rights and benefits. I am happy to continue to comply with the annual ESA(C) assessment process.

Thank you.

Yours sincerely

To:      bonita.murphy@jobcentreplus.gsi.gov.uk
Date:    11 October 2011 16:37
Subject: Company Pension

Dear Ms Murphy,

NI Ref: ...

I refer you to the letter dated 9 September 2011 from Ms Teresa Chammings, District Manager, Jobcentre Plus, Bedfordshire and Hertfordshire and my email reply dated 21 September 2011.

See http://www.whywaitforever.com/dwpatosletters.html#DWP20110909F
See http://www.whywaitforever.com/dwpatosletters.html#DWP20110921E

I attach copies of letters I have received regarding my company pension.

Due to my exceptional medical circumstances I have been granted a pension now rather than having to wait until my specified retirement. Does it follow that I am eligible for a state pension now? As you may be aware the life expectancy of an adult with a brain tumour is nine months; figures from the Secretary for Health as reported to Parliament. I am fifty four and have survived two and a half years from diagnosis. I have letters from my doctors that state I am unable to work again. Can you confirm when I am eligible for the state pension (I have a full NI contribution record)?

I understand that even if I receive no further weekly payment from the DWP (due to limit rules), I will still be classified within the ESA(C) Support Group and thus eligible for special payments such as the Christmas payment. I am happy to comply with the annual ESA(C) Support Group assessment.

Please can you supply me with your calculations in full supported by the relevant clauses in Statutory Instruments; Acts, Rules and Regulations.

Thank you.

Yours sincerely

YOUR CLAIM FOR EMPLOYMENT AND SUPPORT ALLOWANCE

CHANGES IN THE EMPLOYMENT AND SUPPORT ALLOWANCE RATES PAYABLE

... standard letter as previous

                                  Department for Work and Pensions

                                  Luton Benefit Centre
                                  Ascot Road
                                  WATFORD
                                  WD99 1AB

                                  Tel: 0845 608 8627
                                  Text phone: 0845 608 8551
Date: 17 October 2011             www.direct.gov.uk

Dear Mr B...

Your Employment and Support Allowance Claim - NI No: ....

Thank you for your email of 11 October notifying us of your occupational pension. You have also asked for confirmation about claiming a State Pension.

We have checked the guidance for State Pensions on the website www.direct.gov.uk. This says that the earliest you can get the basic State Pension is when you reach State Pension age.

Currently, the State Pension age for men is 65. However, new proposals to increase the State Pension age are currently going through Parliament in the Pensions Bill. These proposals are not yet law and still require the approval of Parliament. It is these proposals that the government is amending to slow down the State Pension age increase.

The proposed changes will affect you as you were born between 6 April 1953 and 5 April 1960. The proposed changes will mean that you reach state pension age on your 66th birthday.

For more information about this and about how much you will be entitled to, please telephone the State Pension enquiry line on 0800 731 7898 (8am to 8pm, Monday to Friday). You can also get further information about Pensions and retirement planning on www.direct.gov.uk.

Your pension from ... is payable from 14 April, with the first payment being issued on 12 October. This first payment includes October's pension and arrears from 14 April to 12 September. We have calculated the five months arrears to equate to £1398.05 a month (£6990.29 divided by 5).

Employment and Support Allowance (ESA) regulations state that we should allocate arrears payments forward for the equivalent period into the future. Therefore, for the five months from October to February 2012 , we will take one month of the arrears together with the actual pension paid for that month as your income from your pension.

ESA Regs, reg 93(1)9B); 2 reg 91(2) (a) & (b) and ESA Regs, reg 93(1); 2 SS A Act 92, s 74.

We have calculated the income from your pension for October to February 2012 as:

Monthly pension        £1255.74
One month of arrears + £1398.05
                       £2653.79

From March 2012, only the pension due for that month will be the income from your pension.

We currently disregard the first £85 of your gross weekly pension. We call this amount the Pension Income Threshold and we deduct 50% of any gross pension income that exceeds the threshold from your ESA.

We will extinguish payment of your contributory ESA if your pension income deduction is equal to or greater than your total amount of ESA. If we extinguish payment because of pension income, this will not affect your limited capability for work and being in the Support Group, as you will still have an entitlement to National Insurance credits. You will still be entitled to the annual Christmas bonus.

ESA Regs, reg 106(2)g); 2 reg 109(1), ESA Regs, reg 2(1), WR Act 07, s 2(1)(c) & s 3; ESA Regs, reg 74(1)

We have calculated your pension income as a weekly amount as follows:

From 12 October to 11 March:
Monthly pension         £1255.74
One month of arrears  + £1398.05
                        £2653.79 x 12 divided by 52 = £612.41
                                                    - £ 85.OO disregard
                                                      £527.41 x 50% = £263.70

Your contributory ESA entitlement is £99.85 a week. Your pension income exceeds this entitlement and so we have extinguished your contributory ESA payments to 11 March.

From 12 March:
Monthly pension £1255.74 x 12 divided by 52 = £289.87
                                            - £ 85.00 disregard
                                              £204.87 x 50% = £102.39

Your pension income still exceeds your contributory ESA entitlement and extinguishes your contributory ESA payments from 12 March.

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.

Yours sincerely

Stuart Fraser

Employment Support Allowance Manager

YOUR CLAIM FOR EMPLOYMENT AND SUPPORT ALLOWANCE

CHANGES IN THE EMPLOYMENT AND SUPPORT ALLOWANCE RATES PAYABLE

... standard letter as previous

To:       stuart.fraser@jobcentreplus.gsi.gov.uk
          darra.singh@jobcentreplus.gsi.gov.uk
   
Subject:  Luton BDC Failure to pay ESA(C) Christmas bonus

Mr Stuart Fraser 
Employment Support Allowance Manager 
ESA - Jobcentre Plus 
Luton BDC, Ascot Road, Watford WD99 1AB 

Dear Mr Fraser

NI Ref: ...

Further to your letter dated 17 October 2011 in which you stated "...this will not affect your limited capability for work and being in the Support Group, as you will still have an entitlement to National Insurance credits. You will still be entitled to the annual Christmas bonus..."

I believe that I have not yet received the annual Christmas bonus.

Please could you investigate this matter, take remedial action and provide me with a detailed explanation for how this error could have occurred. My concern is that the DWP has removed me, ultra vires, from the ESA Support Group ignoring the assurance you gave me in your 17 Ocotber 2011 letter.

I would like you to copy this letter to your manager and point out that the Select Committee for Work and Pensions has expressed interest in reviewing actual examples such as this which provides insights into the capabilities and competence of management control and audit within organisational units of the DWP.

I look forward to receiving a speedy reply. Thank you.