What should I do first?
If you lose a giro or order book, or it does not arrive in the post, you should call the Jobcentre Plus office immediately. This will give them time to put a stop on the missing order. It is best to keep a note of the date/time you contacted them. It is possible that the giro has not been sent out and payment should be issued to you straight away. You may be told that benefit has been withdrawn. In this instance seek advice from your local social work office.
What happens next?
If the giro is lost or missing, it is usual to be asked to attend a personal interview. You can take a friend with you as a witness. During the interview you will be questioned thoroughly about the circumstance in which the giro went missing. You may be asked to visit the Post Office or Police Station to report the payment missing and check it has not been handed in.
Will my giro be replaced?
A decision will be made as to whether or not to replace the original giro and in what time scale. If the giro has been cashed Jobcentre Plus will want to compare your signature with the signature on the giro. It normally takes about six weeks for your local Jobcentre Plus office to get your giro back and compare the signatures. This causes an unreasonable delay in replacing the benefit you have lost. To get your benefit replaced more quickly you should consider taking action against Jobcentre Plus in the Sheriff Court.
How do I challenge this decision?
Before considering court action you should write a letter (remember to date it and keep a copy) asking Jobcentre Plus to replace the giro within a reasonable time (seven days should be sufficient). The letter should state the amount of benefit that is missing and that Court action will be taken if they fail to respond.
After seven days have passed if you have heard nothing you should contact a solicitor, local Law Centre or Legal Services Agency to raise an action in the Sheriff Court. The action may involve some cost but your solicitor will be able to advise you of your entitlement to Legal Aid. This action will be based on case law of the Bills of Exchange Act 1882, whereby a debt is not discharged simply by sending a cheque, but only when the person actually receives the money.
Previously courts have found the Secretary of State liable when benefit offices were not able to prove that the giro was actually paid to the person or that signatures on the cashed giro did not match samples of the claimant's signature given in Court.
What assistance can I get in the meantime?
A missing giro may mean that there is no money for immediate necessities therefore you should claim a Crisis Loan from the Social Fund for immediate living expenses. This can be claimed at your interview with Jobcentre Plus on form SF401 - this is normally completed by an appropriate officer. If you need help with the form you can take it away and ask a worker within your local social work office to help you to complete this.
The amount of Crisis Loan that can be awarded is the minimum amount needed to tide you over. If you are applying for immediate living expenses the maximum loan is:
75 per cent of your Income Support
Plus £17.30 for each child at home
You should receive a decision regarding a Crisis Loan within one day. If you are having difficulty getting a decision or you are refused a Crisis Loan you can ask a worker at the local social work office to help. In limited circumstances financial assistance may also be available.
Back to top