All,

From the old forum section.

I just wanted to make members aware that our website http://www.hivbenefits.co.uk has undergone a major makeover.

We have moved to a Content Management System thats gives us more tools to use and greater flexibility.

If you are not HIV+ but use the site I would welcome your comments.

Thanks,

John.

Our DWP files arrived today. Some interesting points. Posted on blog on website.

Does anyone know the appropriate legislation here.

When the DWP seek your consent for a medical report and subsequently approach your medic. It says on the form sent to the medic that the claimant doesn't need to read the report before it is sent. I requested sight of my medical report before it was sent under the auspices of the Access to Medical Records Act. Though the DWP are out of the scope of this act. What law exists to allow them to ignore this type of request. My report is factually inaccurate on dates etc. I am sure it was filled in, in good faith. More a matter of the volume medics are being asked to do at the moment.

Thanks

Under the Data Protection Act 1998, you have a legal right to a copy of all information held on you. This applies to the DWP, and also medical records held by your GP or any hospital that is treating you now, or has done so in the past.

The Access to Medical Records Act 1990 is now incorporated in the Data Protection Act,
unless the information sought is related to a deceased person.

As you might be aware, you are entitled to amend misleading or inaccurate personal information that the DWP or the NHS holds on you, under the terms of the Data Protection Act: this is your legal right.

You can also request any records or data that they hold, to be released to you under the Freedom of Information Act 2000. Once again, this is your legal right. They are allowed 20 working days to respond, in practice the DWP always delay these requests. The FOI Act is more suited to non personal requests though.


It seems most doctors write misleading or inaccurate reports in relation to IB or DLA: wonder if those caring and trustworthy people at the DWP or Unum UK are behind this. All my recent medical reports look like I am looking at the report of someone else! I could not even be bothered to get them altered, as they do not impact on my current benefit, now or in the future.

Thanks for your advice all.

Yes I have my data under the DPA. I made a request. The Access to Medical Records Act places the DWP outside scope.

I found the DWP quite quick at passing my file to me I have to admit. I wrote to them today on this subject. Will be interesting what their response will be. I will post it.

Any user of this site will be aware of the advice given to GP's not to engage with patients prior to submitting a request. Only I am keen to explore if they are relying on peoples naivety with regard to there right to see any requested report prior to submission to the DWP. As the DWP state that the patient doesn't need to see the report before it is sent. That it is exempt.