DWP Central Freedom of Information Team

Our Ref: VTR817

04 June 2009

Dear Ms Hamilton

Freedom of Information Request - VTR 817

Thank you for your e mail of 7 May asking for information to be provided under the Freedom of Information Act following the European Court of Justice ruling of 18^th October 2007 (case C-299/05).

You request `that the Department confirm that their process and decision making process is now totally aligned and gives strict regard to the ratio of the decision arranged at by the Court , particularly in relation to expatriates who had been in receipt of DLA/AA/CA prior to leaving the UK (before the ECJ judgement)'.

You have also asked that the Department provides documentary evidence that the Department is now complying fully and completely with the ECJ ruling, including the provision of the number of successfully reinstated cases to date, given that the number provided by the Department as to those requesting reinstatement between 18/10/07 -24/11/08 was 961'.

We have set out our guidance for payment of the disability benefits under European law to departmental Decision Makers in a memo (Memo DMG 17/09). This can be found on the Department's website at Decision Makers Guidance under “What's New”. This explains in some detail (see paragraph 27 onwards) the Department's position where people have previously had an award disallowed before 18 October 2007 on leaving Great Britain to live in another Member State.

The number of cases where benefit has been reinstated up to 21 May 2009 is 181 out of total of 639 decisions. Around 1300 people overall have benefited from the judgement so far.

If you are not satisfied with my handling of your request please tell me why within two calendar months of the date of this letter. I will then arrange for someone to conduct an internal review of your request and the handling of it. The review will be conducted by another officer, usually of a more senior grade to me. This person will have taken no part in the original handling of your request. You will be advised of the reviewing officer's decision in writing.

If you are not content with the outcome of the internal review you have the right to apply directly to the Information Commissioner to look into the way your request has been handled. Please note that generally the Commissioner cannot make a decision unless you have first exhausted DWP's own complaints procedure. The Commissioner can be contacted at:

FoI Complaints Resolution

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Fax: 01625 524 510

Email: [email address]

If you have any queries about this letter, please contact me. Please remember to quote the reference number above in any future communications.

Yours sincerely

DWP Central FoI Team