Social welfare gave me wrong information - Help please

emilymemily

Hi this is a long one but id really appreciate any help or advice on this.

Im an NQT, after finishing my degree I signed on social welfare and was sent a letter to attend Jobpath within a few weeks which I attended and was assigned an employment advisor.
I was then offered 2 weeks full time work during the Summer teaching in a Summer camp. I went to social welfare to ask how my payments would be affected - They told me my payments would be suspended for the 2 weeks and I need to get a letter from my employer with start and finish dates, once I bring this into social welfare my suspension will be lifted and my payments will go back to normal.
I thought this all sounded a bit too easy but having never worked while claiming before I didnt know how the system worked but to be sure I double checked with the staff member I was speaking to and asked him if my payments would be means tested, he assured me they wouldnt be and my payments would go back to normal. I went down the following day to ask another member of staff (just to be sure) and she informed me that all I needed to do was provide a letter from my employer with start and finish dates and said I wouldnt be means tested.
I then spoke to my employment advisor and told her what I was told in social welfare - not once did she correct me or give me any correct information. I was also not given any forms for either myself or employer to fill out at this stage.

So I completed the two weeks work, got letter from employer and brought it to social welfare, they then told me I should have been given a form for the employer to fill out and the suspension wont be lifted until I have it filled in and returned to s/w.
I explained that I wasnt given any form and was told I wouldnt be means tested by two other members of staff and that I didnt have my wages as I used them to pay my college fees and I couldnt afford to travel to the employer at such short notice.
She went off and spoke to the manager, came back and said not to worry about it and my money will be there later in the week. I went in the following day to double check and the guy at reception told me there will be 60 euro for me, when I told him I was told my full payment would be there and I wouldnt be means tested he became confrontational and told me of course I would be.

When I went back to employment advisor and told her my payments were cut she said something along the lines of yeah, they means test your wages if you work and she thought it was strange that I said they wouldnt - yet she never thought to correct me or give the right information at the time even though I asked her. I just left it at that, collected the 60 euro and took it no further.

I thought that was the end of it until I received a letter today from s/w with a form to be filled out by the employer - I contacted department of social protection who had very little information and didnt know the answers to allot of my questions, when I asked to speak to someone who knew the correct info I needed I was put on hold and same guy returned to the phone. He told me ill be means tested for the 2 weeks I worked and my payments will be cut again.

He couldnt tell me how long my payments will be cut for, how much they will be cut or anything else, just told me I have to get the form filled out. The employment was the far side of another county and I dont have the money to travel there to get the form filled out, ive 14 days from the date it was sent (31st of August) so that gives me just over a week to send the form to employer and get it back in time to give to S/W or my payments will be stopped completely.

I dont know what to do, if I had known I would have been means tested I wouldnt have taken up the employment but 3 s/w staff gave me wrong information and miraculously knew the correct info after I finished the employment. Now im going to be left in a financial hole. Do I have any rights here? Any help would be great.

Turnipman

Cutting through the blather, I understand that you have received a form from Social Welfare that your former employer is required to complete and return; and that time is of the essence.

I suggest that you put the form in an envelope addressed to your former employer, attach a stamp and put the envelope in a letter box. Enclose a stamped addressed envelope with your address on it and a note explaining that this is urgent as if you don't return it immediately you may lose your Jobseekers payment.

I also suggest that you find out where your local Community Welfare Office is located, as you may need to apply for Supplementary Welfare if your payment is stopped.

alig1234

write to the freedom of information officer in dept social protection. foi@welfare.ie. Say you believe your claim is not being treated in accordance with due process and you want a review and a copy of your entire Social Welfare file. Also say you want a copy of all notes regarding conversations dept social protection officers had with you regarding this claim and your recent work . A higher Executive officer reviews your FOI request and has to sign it off- if you have a complaint they will assess it thoroughily and admit the claim if they should have paid it. This usually works. good luck and hope you get sorted.

Turnipman

alig1234 wrote: »

write to the freedom of information officer in dept social protection. foi@welfare.ie. Say you believe your claim is not being treated in accordance with due process and you want a review and a copy of your entire Social Welfare file. Also say you want a copy of all notes regarding conversations dept social protection officers had with you regarding this claim and your recent work . A higher Executive officer reviews your FOI request and has to sign it off- if you have a complaint they will assess it thoroughily and admit the claim if they should have paid it. This usually works. good luck and hope you get sorted.

The FoI Officer handles FoI requests, hence his (or her) title.

The FoI Office does not have any involvement with complaints, reviews or appeals. If the OP has a complaint about the way that her claim has been handled then she definitely should NOT address her complaint to the FoI Office.

alig1234

I dont agree. the FOI before they approve handing over the file will try to see the reason you are looking for the file and try to resolve your complaint. i was in an argument for 3 years over money DSW claimed they said they did not owe us . i wrote to their appeals section no joy result of appeal was original decision upheld. i wrote to the minister at the time joan burton she looked into it result was original decision upheld. emailed freedom of information person- claim paid with backpayments within two days.

Gatling

alig1234 wrote: »

I dont agree. the FOI before they approve handing over the file will try to see the reason you are looking for the file and try to resolve your complaint.

That's not their remit to resolve complaints ,they hand over information about yourself requested not get involved with dept of SW issues you have

Turnipman

alig1234 wrote: »

I dont agree. the FOI before they approve handing over the file will try to see the reason you are looking for the file and try to resolve your complaint. i was in an argument for 3 years over money DSW claimed they said they did not owe us . i wrote to their appeals section no joy result of appeal was original decision upheld. i wrote to the minister at the time joan burton she looked into it result was original decision upheld. emailed freedom of information person- claim paid with backpayments within two days.

If, as you write above, Joan Burton upheld the original decision, then it's rather difficult to understand how the Freedom of Information Officer could have over-ruled her and paid you some money! But perhaps you're just a bit confused!

alig1234

Thanks but I’m not prone to confusion on this issu . The FOI officer saw something on my file that validated my claim and on that basis admitted my claim. Anyway respectfully I didn’t post here to get into a debate with u but to offer advice to the poster on what worked for me and what entitled me to a significant back payment which I was entitled to. Certainly worth a try

prinzeugen

Make a complaint. I was given the wrong info also which resulted in my claim being suspended for about 2 weeks.

I was told 20 things by 20 different staff in the office but not one of them tried to solve the issue.

Made a complaint online and when I went in the following day the issue had been sorted. My complaint must have landed on the right desk.

Lots of stress and hassle because one person gave me the wrong info.

Turnipman

alig1234 wrote: »

Thanks but I’m not prone to confusion on this issu . The FOI officer saw something on my file that validated my claim and on that basis admitted my claim. Anyway respectfully I didn’t post here to get into a debate with u but to offer advice to the poster on what worked for me and what entitled me to a significant back payment which I was entitled to. Certainly worth a try

Respectfully or otherwise, that's still nonsense!

What happened was that on receipt of your request the FoI unit would have contacted the area of welfare which had your claim and the unit would have checked your file before sending it on to the FoI unit and spotted their mistake!

From your perspective the outcome was the same; but the thing that you - and the person you are trying to help - need to understand is that the FoI Unit has not got the power to overturn a Deciding Officer's decision!

splinter65

Turnipman wrote: »

Respectfully or otherwise, that's still nonsense!

What happened was that on receipt of your request the FoI unit would have contacted the area of welfare which had your claim and the unit would have checked your file before sending it on to the FoI unit and spotted their mistake!

From your perspective the outcome was the same; but the thing that you - and the person you are trying to help - need to understand is that the FoI Unit has not got the power to overturn a Deciding Officer's decision!

This poster is convinced that the FOI office overturned a desicion. That’s not what happened but it doesn’t matter until the poster advises another poster who is looking for help that this is possible.
These are the pitfalls of looking for information in message boards.

Esse85

"Your going to be left in a financial hole"

What's stopping you getting an unskilled job until you find one in your own field?

And who says you have to commute to your old employer again, do they not have email or telephone?