Woman sues DWP over high-pressure "decide now" calls

Woman sues DWP over high-pressure "decide now" benefits phone calls - and wins
Disabled claimant objected to how government workers put people on the spot when appealing their benefits packages and gave time-limited deals that didn't meet the legal minimum

A disabled woman on benefits took the Department for Work and Pensions (DWP) to court over high-pressure phone calls and won.

The woman, known as K for legal reasons, objected to DWP's so-called 'decide now' calls.


These are made to disabled people who appeal benefits decisions for being too low.

The calls make people an offer about their disability benefits, which can have a time limit of as low as two hours before DWP withdraw it.

These offers were often better than what the disabled person is getting, but not as much as their legal minimum entitlement.

Claimants were often told it was a "take it or leave it offer", they "may not get anything at appeal", and that they had to decide on the spot.

These call were frequently made to disabled people directly, rather than any family member, carer or appointed representative.

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K took the DWP to the High Court for unlawful treatment of disabled people over the issue.

The calls put disabled people under pressure to accept the low benefits package or risk getting nothing
The case was due to finish today, but DWP made a last-minute U-turn.

The government department has agreed to change its policies and stop making 'decide now' offers to benefit claimants who have lodged an appeal.

It also paid 90% of K's legal costs. In turn, K withdrew the case.

Law firm Public Law Project (PLP) represented K in the case, and she was also helped by charities Advicenow , the Royal National Institute of Blind People and the Zaccaeus 2000 Trust.

In July and August 2020, after the case began, DWP twice changed their guidance about these phone calls.

But Advicenow said claimants were still being offered less than their statutory entitlement, being put under pressure, not being told of their appeal rights and being contacted directly.

Many claimants feel pressured into accepting these awards, Advicenow said.

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The DWP have refused to say how many individuals get these telephone calls, but it is understood that many individuals do.


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Advicenow said that 65% of respondents to its survey got such a phone call and thought that they should get more benefits than DWP offered.

The law firm said disabled benefits claimants were also put under pressure by long waits and the stress of the appeals process.

Advicenow chief executive Lisa Wintersteiger said: "We are delighted that the DWP have agreed to change the process to ensure that the claimant must be told that they can accept the award and still appeal, and that some measures will be put in place to ensure the claimant does not feel pressured into accepting the award.”

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"Most people would be outraged if they knew that a friend or vulnerable relative was treated this way."


A DWP spokesperson said: "Our overarching aim is that claimants are paid the correct amount of benefit at the earliest opportunity.

“We contact people if we can revise a decision and increase their benefits award as a result of new evidence becoming available after their appeal was lodged – and they always have the option to continue with their appeal or challenge a revised decision.

“We have addressed PLP’s concerns by improving our guidance on telephone calls so options and appeal rights are always clearly set out, as well as stopping making contact when a tribunal is imminent, and we are pleased they have withdrawn their case.”

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www.mirror.co.uk/money/woman-sues-dwp-over-high-24533129