The DWP plan that the landlord welfare deducts the request is ruled illegal | benefits

The court announced that a "computer saying" program is illegal. The procedure automatically approves the landlord to deduct hundreds of pounds of pounds from the tenants' general credit benefits, without the required official to verify it with the claimer.

This challenge was proposed by a tenant. He found that the Ministry of Work and Pension (DWP) deducted 500 pounds from his general credit payment at the request of the landlord. There are controversy.

The "click on the screen" used by DWP means that the tenant may lose a maximum of one -five -month -old credit standard allowance and pay the rent directly without the opinion of the landlord or welfare official.

The ruling means that DWP must now incorporate the tenants' guarantee measures into the process of tens of thousands of welfare deductions and rent transfer requests approved by the landlord each year.

Earlier this month, at a hearing held by the legal graduate and former police control room staff Nathan Roberts, a judge announced that the procedure was unfair and illegal. He believed that the procedure was "obviously obviously obviously An arbitrary and abuse procedure.

Roberts has always been a dispute with the landlord Guinness Partnership Trust due to suspected failure to perform maintenance. He argued that DWP paid the rental part of the 460 pounds in its benefits and 44 pounds deducted due to suspected arrears of rent was illegal. of. Go directly to Guinness without consulting him.

Judge Ford Him said that tenants who enjoy universal credit may be affected by the arrears of rent deductions and rent transfer requests. They did not have the opportunity to appeal before deducting the expenses to be approved, which is unfair. He said that the process excluded the rights of tenants and deprived the tenants.

He said that "it is really possible" DWP officials (that is, decision makers) approve the deduction request under the instructions of the computer, regardless of whether the delay or preventing the request from conforming to the best interests of the tenants.

The judge said that because there was no consultation claimer, DWP decision makers only understood the "one aspect of the story." In the case of maintenance disputes, the pre -deduction rent may be "the only means for tenants", and DWP decision makers may "inadvertently" damage to the protection provided by tenants.

He added that this has a "impact of the real world" on the tenants. Even if they successfully challenged this decision through the lengthy DWP internal appeal procedure, they will not be able to revoke deductions within a few months. During this period Essence

Roberts officially appealed to DWP, saying that he would not owe landlord money, and officials considered for three months. DWP subsequently rejected the appeal, but after a few days, when they learned that he was taking legal operations on the matter, they overturned the decision.

A spokesman for work and pension department said: "We are now considering this judgment carefully. Every year, millions of people rely on our welfare system, so that everyone who needs it can use it."

Roberts' lawyer said that the case showed that although DWP did not make a clear policy excluding claimer when DWP made a decision on the landlord's deduction request, the computer program instructed them to automatically approve the request.

Emma Varley of Bindmans Law Firm said: "Even if the decision maker can theoretically unplug the computer power, contact the claimer and make their own decision, it is impossible."

She added: "In fact, the computer program is a policy, which aims to guide DWP decision makers. Before paying to the landlord, there is no need to give the general credit claimer a chance to state."

At present, the arrears of rent deduction requested by the social and private landlords will be approved automatically. Social landlords will be approved for approval, while claimers have a limited time limit to question the private landlord's direct payment request.

In 2017, it was launched to make it easier for the landlords to pay for rent and deducting the rent in the condition that the tenants arrears at least two months to protect the financial situation of the disadvantaged tenants and the landlord. wave.

This case was made after a separate ruling more than two years ago. A disabled woman successfully challenged the DWP policy. The policy allowed public institutions to automatically lose their work capabilities from customers without the consent of the customer. The welfare gold deducts hundreds of pounds.