DWP and SAR

Can the DWP refuse information after an SAR? Briefly, I care for a disabled person who was disallowed ESA after an assessment made in January when he was in the WRAG. He was persuaded to take up the option to have the decision reconsidered by being told by his local JCP+ that assessment rate would be paid.

This was just prior to Freud’s new regulations proposing to make reconsideration mandatory with removal of assessment rate. The decision was not changed. but this was communicated to him the day after he had left the UK (agreed with JCP+) to deal with a bereavement leaving signed letters authorising me to handle his affairs.

In following up payment in emails, letters and phone calls, I was repeatedly reassured by his local JCP+ that assessment rate was due but it quickly became apparent that Glasgow JCP+ was operating the new system retrospectively and denying payment.

If this had been the case at the time my partner would have gone straight to appeal where the rate would have been paid, so far – nothing. We consider that the misinformation given has materially disadvantaged him.

Moreover, he is now going to appeal and we intend to attach this as a supplementary to the appeal and I requested an SAR on his behalf. The DWP has declined on the grounds that I am a third party (although I know that on some occasions they do release information thus.)

My question is this; since those emails, letters and phone calls were made by me exclusively to the DWP (although with reference to my partner’s case), can they deny my right to see them? They also bear directly upon the substance of his appeal since they contain vital in formation relating to it, which has so far been denied. He has yet to make a personal SAR so I don’t know if they’ll try to play the same card, but the clock is ticking.

What happens if they have refused the information and it badly compromises his appeal? What are my rights under the FOI? I had heated exchanges with DWP Glasgow (who didn’t seem to know what was going on – I had to refer them to Freud’s Lords motion) so are they deliberately obfuscating or is it the usual incompetence?

Mendelssohn wrote: Can the DWP refuse information after an SAR? Briefly, I care for a disabled person who was disallowed ESA after an assessment made in January when he was in the WRAG. He was persuaded to take up the option to have the decision reconsidered by being told by his local JCP+ that assessment rate would be paid.

This was just prior to Freud’s new regulations proposing to make reconsideration mandatory with removal of assessment rate. The decision was not changed. but this was communicated to him the day after he had left the UK (agreed with JCP+) to deal with a bereavement leaving signed letters authorising me to handle his affairs.

In following up payment in emails, letters and phone calls, I was repeatedly reassured by his local JCP+ that assessment rate was due but it quickly became apparent that Glasgow JCP+ was operating the new system retrospectively and denying payment.

If this had been the case at the time my partner would have gone straight to appeal where the rate would have been paid, so far – nothing. We consider that the misinformation given has materially disadvantaged him.

Moreover, he is now going to appeal and we intend to attach this as a supplementary to the appeal and I requested an SAR on his behalf. The DWP has declined on the grounds that I am a third party (although I know that on some occasions they do release information thus.)

My question is this; since those emails, letters and phone calls were made by me exclusively to the DWP (although with reference to my partner’s case), can they deny my right to see them? They also bear directly upon the substance of his appeal since they contain vital in formation relating to it, which has so far been denied. He has yet to make a personal SAR so I don’t know if they’ll try to play the same card, but the clock is ticking.

What happens if they have refused the information and it badly compromises his appeal? What are my rights under the FOI? I had heated exchanges with DWP Glasgow (who didn’t seem to know what was going on – I had to refer them to Freud’s Lords motion) so are they deliberately obfuscating or is it the usual incompetence?

Hi M,

Can you please try and break your posts up into paragraphs, in future, for ease of reading.

Mandatory Reconsideration do not come into force until 29/04/13, so they can not be applying these rules now.

If you have only asked for a Reconsideration, then he would not be entitled to Assessment Rate ESA.

To be entitled to this a claimant must submit an "Appeal" and a fit note(Med 3) obtained from the G.P.

You do not issue an FOI, it is a Subject Access Request under The Data Protection Act 1998, as the information requested is personal to the claimant.

See further information on this, here :

SAR :

www.dwp.gov.uk/docs/request-for-personal-information.rtf

From this page :

www.dwp.gov.uk/privacy-policy/data-protection/


If the DWP fail to provide information requested using a SAR, within 40 calendar days, you can complain to ICO, see :

www.ico.org.uk/for_the_public/personal_information

bro58

Hi,

Thanks for that.

The point I'm making is that it may well be that assessment rate is only paid during an appeal, so why was my partner told by JCP+ that it would be paid during a reconsideration? He would have gone straight to an appeal as it was not mandatory for him to ask for a reconsideration at that time. He made his choice on the advice of JCP+ and has lost six weeks of assessment rate as a result.

Surely that can be challenged?

The other point. I know that an SAR is made under the FOI act. As I am not the claimant but his representative, do I have no right to see the information the DWP holds on communications between them and me? If the claimant makes an SAR, can he be denied access to my communications with them if I am defined as a third party? We need to be able to get all communications regarding his claim whoever was involved as they will bear directly on his appeal.

Many thanks for your help.

Mendelssohn wrote: Hi,

Thanks for that.

The point I'm making is that it may well be that assessment rate is only paid during an appeal, so why was my partner told by JCP+ that it would be paid during a reconsideration? He would have gone straight to an appeal as it was not mandatory for him to ask for a reconsideration at that time. He made his choice on the advice of JCP+ and has lost six weeks of assessment rate as a result.

Surely that can be challenged?

The other point. I know that an SAR is made under the FOI act. As I am not the claimant but his representative, do I have no right to see the information the DWP holds on communications between them and me? If the claimant makes an SAR, can he be denied access to my communications with them if I am defined as a third party? We need to be able to get all communications regarding his claim whoever was involved as they will bear directly on his appeal.

Many thanks for your help.

Hi M,

It seems that you may have been a victim of misinformation, you could make a complaint : Complaining to The DWP

However, if it was simply verbal misinformation, you may have trouble proving it.

I don't know what timescales we are talking of here, and whether you have submitted an appeal and a Med 3 now, but you can make a late appeal up to 13 months after an adverse decision, as long as you can show good cause.

Misinformation, would seem to be "Good Cause" this is covered in the GL24 which can be downloaded from the link on this page :

How to submit an appeal

From our : Appeals FAQ’s

With regards to the SAR, why didn't you simply fill it in, and get the person that you care for to sign it, you would have then had access to the information.

Requesting personal information about a third party , is not a straight forward issue, that's why we have the The Data Protection Act 1998, to protect people's personal information.

bro58