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Dealing With The DWP

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Dealing With The DWP

Post by assassin on Tue Jul 17, 2018 2:46 am

Dealing With The DWP

I am often asked about dealing with the DWP and why I am successful in dealing with them and in this section I will deal with the basics of dealing with the DWP, the tricks they use, and how to thwart them by holding them to account by using Lawful Notices and other means, To begin we need to understand how the DWP are made up as this is crucial to understand; the DWP are the Department for Work and Pensions and are a private company and a Ministerial Department and they have a trading name of Jobcentre Plus which is another private company.
This is their first line of defence, are you dealing with the correct company? Make a complaint against the DWP when you go into a Jobcentre and you are making a complaint against the wrong company, and to the wrong company! You instantly lose.
However, when you deal with the DWP you always address them as The Department for Work and Pensions trading as Jobcentre Plus in any verbal or written exchanges as this is more powerful than most people realise and you catch both companies and a Ministerial Department. Why is this important? Because a Ministerial Department is governed by a piece of legislation called The Civil Service Code which is a set of regulations which governs the conduct of all employees working for a Ministerial Department. In many cases you will see a member of staff referring to the DWP in one sentence and in the next sentence they will refer to Jobcentre Plus and now you know why, they switch between companies to suit themselves and to confuse you so always refer to them as DWP trading as Jobcentre Plus and you catch both companies.

Everything they do centres around a contract and they give it many different names, they refer to it as a “jobseekers Agreement”, Universal Credit, and many other things but it is a contract whose conditions you and them as “parties” are bound by. Now we need to understand basic contract law, in England and Wales this is English Contract Law and as members of the EU it is also governed by European Contract Protocols and we refer to these as ECL or ECP as they are both based upon something called lex mercatoria which dates back to Roman times and roughly translates to the law of the traders.  
Under ECL and ECP anyone is free to enter any contract, anyone is free to negotiate individual contract terms, and once a contract is formed only the terms and conditions at the time of signing the contract come into force, so why do you refer to it as a contract. Agreements and contracts are a legally binding set of promises and under an agreement you can enforce those promises if someone is in breach of them and once an agreement is legally enforced it becomes a contract and bound by contract law; every year the DWP trading as Jobcentre Plus legally enforce thousands of these agreements so they are a contract and this is unambiguous and irrefutable.

Benefits are classed as an “inalienable right” and this means that any inalienable right conferred upon you cannot be removed as by definition they are inalienable.

Next we need to know our contractual conditions as these determine our contractual obligations and an obligation is something “the parties” have to do to comply with in the contract in force and if it isn’t in the contract then we don’t have to do it, the only way a contract can be changed, altered or amended is with the free and express consent of both/all of the parties involved. Once a benefit claimant knows and understands the contractual conditions in force they automatically give themselves the power to take on the DWP trading as JCP.
We now need to understand free and consent and to understand this we need to that free means free of coercion and coercion can take many forms, but if any pressure is exerted upon a claimant any resulting contract becomes both void and voidable as you have not entered it through your own free will as you have been coerced into signing it against your free will.
In many cases DWP staff do a contract review, now here comes the crunch, only the parties can agree to a review and as the DWP are one party and you are the other party they need your express consent to do this and this is why they use the word WE as by complying it is assumed that the WE is referring to “the parties” and not solely the DWP trading as JCP and this is pure sleight of hand.
What if you tell them to bog off? Actually nothing as WE cannot review the contract as you are denying consent under free will which means “they” are reviewing the contract without your consent and this means no contract review can be taking place with all of the parties involved in the contract. Note that the wording is subtle and very specific so you have to be alert for this.

Void and voidable are two different terms with different meanings but in practise they mean pretty much the same thing; a void contract is a contract entered into unlawfully and cannot be enforced as by its very nature it is “void” and cannot come into force. Voidable only really differs in that it may be entered into by a benefit claimant and they may comply with conditions verbally laid down by DWP staff and therefore comply, once a claimant finds out this is unlawful and becomes aware it is unlawful they can apply “rescission” and rescind a contract and its contract terms by using a Lawful Notice of Rescission, but you do have to use this notice. What have the DWP at national level stated in the public domain:

Any contract can remain in force indefinitely

Nobody can be forced into signing a contract against their will

Clear proof that the DWP are fully aware of contract law applicable in the UK and their employees should also be aware of this and adhere to it, but they often do not comply and hope to cheat you.

Now we can look at several of the standard tricks they employ and the reasons they employ them, remember you need to be aware of your contract conditions as a basic premise of taking on the DWP, but you can also be very creative and introduce as much legislation as you like, and introduce some they haven’t already thought of yet.

You walk into a Jobcentre and the first question you are asked is to provide identification or photo identification, why do they ask this? They always claim data protection and this is for good reason, its reverse psychology as by using Data Protection first they assume you won’t use it, so let’s look at the Data Protection Act and see what it says.

Data processed can only be processed to perform a specific task and must not be excessive and fair and proportionate.

When you go to sign on at a Jobcentre you are only signing a “declaration” so why do the DWP require you to supply more personal information? Data harvesting. When someone claims benefits they are issued with a booklet ES40JP which only states the name and National Insurance number, and if this was sufficient to sign the declaration then asking for photo ID, bank cards, and even driving licenses is totally disproportionate and unnecessary and unlawful data processing.

Protection from Harassment goes further, it states that:

It cannot be used to prevent someone doing something they have the right to do

It cannot be used to force someone to do something they are not legally obliged to do

Oops, this is why they use this reverse psychology tactic and hope that by using it first you don’t throw it back at them as by doing so you have caught them out breaking the Data Protection Act 2018 and if you have covertly recorded them doing so you have the evidence of this breach and can use it against them. Always use it against them and ask why the ES40JP is deemed as adequate for identification when it only contains the name and NI number and inform them that they are in breach of the DPA 2018 and that it is a criminal offence for which they can be held accountable for in a court of law. I have had hours of fun with DWP staff using this legislation against them.
What does the contract say? Does it require you to bring a specific type or types of identification? If it isn’t a contractual condition it isn’t a contractual obligation, and you simply don’t have to do it, if DWP staff claim you do have to do it then they are lying and “in breach of Contract” as you have no obligation to conform to any condition which isn’t in the contract. Breach of Contract is a civil breach and you can take them to court over this.
Harassment is a different criminal issue which we will deal with later.

One of the all-time classics is with Data Protection again, we all know that the DWP trading as JCP have a legal and lawful duty to protect our personal data and one method they employ is to get all customers to enter and sit in the middle of the room and this is designed to protect personal data, the computer terminals and their staff sit at the sides of the room with their computer monitors facing the walls.  Nobody can see your personal data apart from the DWP staff who are bound by the Civil Service Codes. Suddenly a security man (G4S in our area) will appear and begin walking around the room and they will often walk behind DWP staff or even lean on the wall and talk to staff and are in full view of any computer monitor and the personal data it contains; often when you enter a Jobcentre you will be met by a security man and asked for personal details about why you are there, remember they are not DWP staff of a Ministerial department and not bound by the Civil Service Code and have no business in dealing with you in any way. Here we have the DWP trading as JCP in clear breach of the data Protection Act as they have a duty to protect our personal data and have knowingly allowed a non DWP employee access to it; every Jobcentre has a Data Protection Officer whose duty it is to provide clear instructions through policies to protect our data and they have failed so find out the Data Protection Officers name and contact address and write to him/her and make a formal complaint. Ministerial Departments take this very seriously.

Due diligence is always overlooked in any Jobcentre and this is nothing more than a member of staff doing their job correctly and in most cases this would be to look at their computer and see which contract is in force and then check to see if any Amendment Instructions or Variations to Contract have been undertaken, and this will tell them what contractual obligations are in force. It will tell them if you are required to bring along identification other than that in an older contract, how many job searches you have to do in a prescribed time and any other such conditions. If they persist in trying to force you to do something you don’t have to do, or enforce a DWP policy upon you which you are not bound by then they have breached their due diligence.

Unilaterally and retrospectively are very important to understand as they are an often used trick and it works solely upon compliance, they know that the conditions in force at the time of signing a contract are the only ones which apply, and that the only way then can legally change them is to do a Variation to Contract which YOU have to agree to. Only when you have consented by signing this variation can the new conditions come into force, so they employ another trick, instead of getting you to consent to a new contractual condition legally they do it illegally and hope you will comply, in many cases people will comply.
They tell you something and say something along the lines of “we are changing our policy and from !!!!!!!” or we are making changes and if you don’t comply we can stop your benefits, or we require you to do XY and Z and hope to intimidate you into compliance; in many cases it will work as people rely upon their benefits being paid as they may have direct debits set up with other companies. If their benefits are stopped it can have such a knock on effect and put people into debt.
Therefore, unilaterally is something they try to get EVERYONE to comply with it, and retrospectively means something they try to introduce after the fact when they cannot legally or lawfully do this, it is done in this way because it leaves no evidential traces and they can simply deny it if they are questioned about it and nobody can be held liable.
Either way it is illegal and unethical and a way of trapping people, usually of low intelligence or ignorant of contract law into complying with conditions which they don’t have to comply with as they are void from the outset and cannot come into force, but if people comply they can only rescind them as a voidable contract and not as a void contract.
Verbal instructions are issued by most members of DWP staff to introduce “policies” which they claim are DWP policies; great, they are DWP policies and not yours and you are not bound by them and if you refuse to comply with them then they are stuffed and know it, this is why they try to force you to do something against your will, or coerce you.
You can enter a contract in another way and this is called “action” and is basically defined as doing something you are not actually bound to do, if you are told that your conditions have changed from doing three actions per fortnight to three actions per week and you comply with this instruction, you have entered a contract “by action” and this is why it is important to rescind this using a Notice of Rescission, its unambiguous.

In many cases they use sleight of hand again and if your contract requires you to sign on fortnightly and they tell you they are changing it to weekly, or that your contract requires you to take three actions to find work fortnightly, they will claim you now have to take three actions weekly, it is subtle and you do have to listen to what they say, and if possible, clarify their claim.

One very effective tactic I have recently introduced is “Slander and Libel” and slander is something verbally said about you which taints your character and/or is untrue, or an incorrect assumption made about you which is claimed as fact; libel is only libellous if it is written down such as them recording fraudulent claims about you on their computer systems, or even online.
Slander and libel are actually easy to prove and particularly the slanderous element as any defamatory remark can be slanderous and you can easily and readily pursue them as this is a criminal and civil offence which you can hold the individual or individuals liable for.
If you get a member of DWP staff slandering you then you can use this to your advantage, you have the option of issuing another notice which is “Opportunity to Cure” which can be very useful in getting a member of DWP staff to admit something, and by taking up your offer to “cure” in full and final settlement; they admit liability for the action they took, it can also be worked in other ways which we will look at later.

Defamation of Character is an old favourite and is classed as serious harm to your reputation and is fairly easy to achieve with the DWP and a prime example happened in my presence only weeks before writing this, while accompanying someone to the Jobcentre to deal with another issue. Someone was called to see an advisor and was not allowed to sign on because they refused to provide additional identification as they had provided the advisor with the ES40JP booklet, the advisor told them they would get their manager and she appeared and sat with them. She now claimed that he could have picked the booklet up off the street, theft, and that he could have walked into the Jobcentre and tried to claim using this booklet; so we have both theft and fraud as defined by the theft Act 1968 and fraud as defined by the Fraud Act 2006; she went further and claimed that the booklet (ES40JP) was issued by that office. This was an absurd notion as it assumed that he had stolen this booklet and was trying to make a claim which someone else would get the benefit of, why? She was asked to substantiate this claim and couldn’t and by doing this she was operating on nothing more than a hypothetical assumption, it was fantasy land.
By definition she claimed he was a thief, she claimed he was a fraudster, and she went further as she called a security guard over and by inference she suggested he was violent, he was clearly defamed by these words and actions and this was in front of other staff and customers, so plenty of witnesses.

Harassment is the daddy of them all and is defined as “a course of action which causes alarm and distress” and the emphasis is always on “the course of action” which makes it the most difficult to prove as there has to be at least two actions taken at different times and these have to be within specified timeframes which are deemed as reasonable timeframes. Precedent has shown that this can vary from 3 to 6 months between actions and this does depend upon individual circumstances and who is sitting as a Judge in the case.
Harassment can also be used for multiple claimants if the same action is taken against them and this can show a pattern of behaviour by a party or its agents or representatives and a specific course of action such as telling someone or multiple claimants that they have to unilaterally and retrospectively comply with conditions which are not laid down within their contract.
In reality it is much better to get more than two actions and if you can get several more it can be used to show an inherent problem within the DWP trading as JCP and if you can get them over a longer period it confirms a pattern of behaviour which can often sway a Police report and a CPS decision to prosecute.
Harassment is a criminal matter and can be reported to the Po-lice and in most cases they will side with the DWP and make their escape by claiming things such as “insufficient evidence” which basically means they won’t bother investigating it, or they don’t think its worth investigating as the CPS won’t pursue it, more lies. They may get creative with their lies and claim many things, but the duty of the po-lice is to investigate impartially and submit the evidence to the CPS upon which the CPS will make the decision based upon the evidence; it is not the job of the po-lice to speak on behalf of, or for the CPS or make decisions for them, if the po-lice claim such things then report them for failing in their duties. If you get the Po-lice to prosecute the DWP will roll over and try to buy their way out of it as it will be cheaper to compensate you than face a court case with its associated costs, or; you can bring your own case against the DWP.

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Re: Dealing With The DWP

Post by MikeThomas on Tue Jul 17, 2018 3:38 pm

WOW!!! Thanks Assassin Very Happy A brilliant read.

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Not so newb

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Re: Dealing With The DWP

Post by daveiron on Tue Jul 17, 2018 4:10 pm

Agreed Mike.

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Re: Dealing With The DWP

Post by assassin on Tue Jul 17, 2018 7:15 pm

Wait for the next part.

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Re: Dealing With The DWP

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