0800 222 9123

Our Promises to Each Other

  • INTRODUCTION
    • These terms and conditions of business (the “Terms”) set out the whole agreement between you and us for the provision of the Services.
    • Please check these Terms carefully before you sign to confirm your acceptance of this Agreement. If you think there is a mistake, or if there is anything you do not understand, let us know as soon as possible. Please also make sure that you ask us to confirm any changes in writing to avoid any confusion between you and us.
  • INFORMATION ABOUT US
    • We are not a charity and so, unlike a registered charity, we charge a fee for our Services.
    • A Fee is only payable by you to us if your Application is successful.
    • We are a private limited company established in England and Wales. Our company registration number is 9569445 and our registered office is at 1 Scott Place, 2 Hardman Street, Manchester, M3 3AA.
    • Our address for post is West Lancashire Investment Centre, White Moss Business Park, Lancashire, WN8 9TG.
  • APPOINTMENT
    • When you sign and date this Agreement you appoint us and we agree to provide the Services to you.
    • This Agreement will start when you confirm your acceptance of these Terms by signing and returning this Agreement.
    • You have the right to cancel this Agreement within 14 days from the start of this Agreement without giving us any reason. The cancellation period will expire 14 days from the day you sign this Agreement. To exercise the right to cancel, you must inform us (by calling us on 0800 222 9123 or by writing to us at West Lancashire
      Investment Centre, White Moss Business Park, Lancashire, WN8 9TG) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post). You may use the cancellation form attached at the back of this Agreement but you do not have to use it.
    • If you ask us to begin the performance of the Services during the 14 day cancellation period, you must pay us an amount of the Fees in proportion to what has been performed until you have communicated to us your cancellation of this Agreement in comparison with the full Services. If the Services have been performed in full within the cancellation period you will be required to pay us the full amount of the Fee.
    • After the 14 day cancellation period, you no longer have the right to cancel this Agreement without charge.
  • OUR PROMISES TO YOU

    • We will always treat you with respect, dignity and sensitivity and listen very carefully to everything that you tell us about your circumstances.
    • We promise that we will keep everything that you tell us in total confidence. We will keep an electronic record of our meetings which will be stored safely and confidentially.
    • We promise that we will carry out the Services described in clauses 4.4 to 4.11 inclusive in return for you paying us the Fee (as set out in clause 7.2).
    • If after our initial telephone conversation we have concluded ( based on what you have told us) that we believe you may have a valid claim for Benefits, we will visit you in your home at a time that is convenient to you.
    • We welcome you to have a family member or other trusted person present when we visit you.If you want a family member of other trusted person to be with you when we visit we promise that we will agree to your request.
    • Except for a PIP application form we will order all of the relevant Forms for you and bring them with us when we visit you. Sometimes (depending on which Benefit you are applying for) we may also have to make a telephone call or internet application on your behalf.
    • When we visit you, we will not rush you. We will take as long as is needed to collect all of the relevant information from you and take the time necessary to advise you of your maximum entitlement to Benefits.
    • Based upon all of the information provided by you to us, we will review your financial affairs, your medical circumstances, regular outgoings, living expenses and care requirements so as to assist and guide you in completing all of the Forms to apply for all of the Benefits which we believe you are entitled to.
    • When we meet you we will provide you with an estimate of the total Fees payable by you to us.
    • We will keep electronic copies of your signed Forms and post the originals for you to DWP.
    • Once your Form has been posted we will contact the DWP on your behalf to make sure that it is being dealt with by DWP correctly and as quickly as possible.
    • If your application for a particular Benefit is not successful you will not owe us any Fees relating to that particular Benefit. You only have to pay us when you actually receive a Benefit that we have assisted you in obtaining.
    • The steps set out in this clause 4.13, 4.14 and 4.15 are in addition to the Services described above, i.e. one home visit or detailed telephone consultation, the completion and posting of the forms and one follow up telephone call to the DWP. If your Application is unsuccessful we can prepare a reconsideration letter for you to send to DWP.
    • Unless you tell us not to, we will keep in contact with you and periodically review your circumstances. This is normally every twelve months or within 6 months
      of a Benefits review date.
    • Based on you being truthful with us, we will advise you how to answer all ongoing letters or communications that you receive from DWP.
  • WHAT WE CAN’T DO
    • We cannot and will not provide you with legal advice as we are not regulated to do so. We are not Solicitors.
    • For the same reason we cannot and will not advise you on any matters relating to personal injury, financial products or services, employment law, criminal injuries compensation, Industrial Injuries Disablement Benefit or housing disrepair. We are not regulated to provide these services and we will not do so.
    • We cannot complete a Form on your behalf that contains any information that we know to be false or fraudulent. You must tell us the truth all of the time.
    • We will do our very best to assist and guide you in your Application but we cannot guarantee that you will be successful.
    • We will do our very best to ensure that you receive all of the Benefits to which you are entitled but we cannot guarantee that we will have identified all applicable Benefits.
    • We are not Solicitors and cannot (and will not) give you any legal advice.
    • We will not arrange for anybody to attend any appeal hearing with you unless we expressly agree with you to do so, and if so we will charge an additional fee for
      such service as agreed with you in advance of the appeal hearing.
  • YOUR PROMISES TO US
    • You will provide us with full, accurate and truthful details of your circumstances including:
      • your income, outgoings, savings and other assets if you are applying for a means tested Benefit;
      • your bank account details for payment of the Benefits;
      • details of your dependants and carers;
      • details of any Benefits that you are already receiving;
      • any physical and / or mental health matters that affect you on a day to day basis;
      • name, address and telephone number of your GP and your hospital Consultant;
      • any other information that we think is relevant to your entitlement to Benefits.
    • You will, where possible, send to us such documents or evidence as we may reasonably require confirming the information you have told us.
    • You will not ignore any correspondence you receive from DWP.
    • You will send us copies of all correspondence you receive from DWP so that we can respond to them for you or advise you how to respond.
    • You will tell us if you want us to return any original documents that you send to us. Documents and correspondence that we receive from you will be scanned and stored by us as an electronic image and may be destroyed. If you send us originals of your documents, we can only return them to you if you request this before you
      post them to us.
    • You will allow us to act on your behalf with DWP where we can do so.
    • You will co-operate with us and respond promptly to our reasonable requests for information. The success of your application for Benefits relies heavily on your cooperation with us and you must not ignore our correspondence or telephone calls or our other attempts to contact you.
    • You will tell us if your circumstances change so that we can help you find out if you are or may become entitled to additional or increased Benefits and or Premiums.
  • YOUR PROMISE TO PAY US
    • When you receive payment of any Benefits you will telephone us straightaway to tell us that they have been paid and send us a copy of the letter that you receive from DWP telling you that your Application for any particular Benefit has been successful.
    • A Fee is payable by you to us for the Services provided in relation to each Benefit and Premium that is received by you.
    • At our first meeting you will complete a Bank Standing Order form which allows us to collect our Fee once you have received the Benefits.
    • The Fee is equal to an amount 10 times the weekly Benefits and Premiums received by you inclusive of VAT.
    • If the Benefits received by you include an amount back-dated to a date before the date of your Application for then you can pay all of the Fee to us straightaway or over 6 months by 6 equal monthly instalments by Bank Standing Order.
    • You agree to us collecting payment of the Fee by Bank Standing Order.
  • HOW WE MAY END THIS AGREEMENT
    • We may end this Agreement at any time by giving you one weeks’ prior written notice if either of the following happens:
      • you fail to co-operate with us to assist us to perform the Services or fail to provide accurate and truthful information to us; or
      • you become bankrupt, file a bankruptcy petition, make an arrangement or composition with your creditors generally, or make an application to a court of competent jurisdiction for protection from your creditors generally.
  • EFFECT OF ENDING THIS AGREEMENT
    • When this Agreement ends our duties and obligations under this Agreement will come to an end.
  • PERSONAL INFORMATION
    • We will only use the personal information you provide to us to:
      • provide the Services; or
      • carry out internal operations such as data analysis, research , and statistical and survey purposes; or
      • tell you about other services which we or our group of companies provide, unless you tell us that you do not want to receive this information.
    • We will not pass this information to anyone else except in accordance with our data protection statement contained in clause 11.
  • DATA PROTECTION STATEMENT
    • Please read this statement carefully as it explains what personal information we collect about you and how we use this information.
    • We collect personal information (which may include sensitive personal data) about you both directly from you and from the DWP or other government departments or agencies when you apply for our Services.
    • We will use your personal information to provide our Services to you, and in particular to keep you informed about the Services.
    • We may also use your personal information to contact you to provide you with details of other products and services which we think may be of interest to you, including products and services offered by other organisations. We may pass your personal information to other organisations and they may contact you directly to provide you with information on their products or services. This could include information about mobility aids or homecare services. If you are happy for us to do so, please tick the relevant boxes at the end of this Agreement to indicate that we can use your personal information in this way.
    • You can change your mind about receiving information as set out in clause 11.4. If you do not want us to continue to use or disclose your personal information (and/or sensitive personal data) as set out in that clause, or if you wish to change the way we communicate with you, please let us know either by calling us on 0800 222 9123 or by writing to us at our postal address set out in this Agreement..
    • Except as set out in these Terms, we will only disclose your personal information:
      • to the extent required by law;
      • in accordance with a court order; or
      • following a request by a government or law enforcement authority.
    • You may contact us by writing at any time to the Data Protection Officer at our postal address set out in these Terms for further information. You may also contact us if you want to ask for a copy of the personal information which we hold about you or to ask us to amend any inaccurate information held by us. If you ask for a copy of the personal information which we hold about you, we will charge you a fee of £10.
    • Please note that we will record and monitor your calls to us and monitor and record our meetings with you to help us to monitor and improve our service and to
      check the accuracy of the personal information that we hold about you.
  • COMPLAINTS
    • If you are not happy with the way in which we have provided the Services, you may complain either by calling us on 0800 222 9123 or by writing to us at our
      address set out in these Terms. Please mark any correspondence for the attention of the Client Relations Department.
    • We will, after receiving your complaint, investigate it and respond within four weeks in accordance with our complaints procedure. We have provided you with a copy of our complaints procedure. If you want another copy, please let us know.
  • OTHER IMPORTANT TERMS
    • If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive our rights against you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
    • These Terms are governed by English law.

BenefitsWise Limited, 122 Feering Hill, Feering, Colchester, Essex, CO5 9PY