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ECJ case C-299/05 - evidence of full implication of ruling to expatriates
Tina HAmilton made this Freedom of Information request to Department for Work and Pensions
The request was successful.
From: Tina HAmilton
7 May 2009
Dear Sir or Madam,
Following on from the judgment of the European Court of Justice on
the 18 October 2007 (case C-299/05), I 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 arrived 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 judgment).
Furthermore I request that the Department provides documentary
evidence that confirms that the Department is now complying fully
and completely with the ECJ ruling, including the provision of the
number of successfully reinstated claims to date, given that the
number provided by the Department as to those requesting
reinstatement between 18/10/07-24/11/08 (FOI reference VTR1217) was
961.
Yours faithfully,
Tina Hamilton
From: DWP Adelphi Freedom-of-Information-Request
Department for Work and Pensions
7 May 2009
This is an automated confirmation that your request for information has
been received at the DWP Central FoI Team.
We will forward your request to the relevant information owner within the
Department who will respond to you direct.
Should you also have any further queries in connection with this request
do please contact us.
For further information on the Freedom of Information Act within DWP
please click on the link below.
[1]http://www.dwp.gov.uk/foi/
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Communications via the GSi may be automatically logged, monitored and/or
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References
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From: DWP Adelphi Freedom-of-Information-Request
Department for Work and Pensions
7 May 2009
Dear Ms Hamilton,
Request for information
Thank you for your request for the following information. .
Following on from the judgment of the European Court of Justice on
the 18 October 2007 (case C-299/05), I 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 arrived 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 judgment).
Furthermore I request that the Department provides documentary
evidence that confirms that the Department is now complying fully
and completely with the ECJ ruling, including the provision of the
number of successfully reinstated claims to date, given that the
number provided by the Department as to those requesting
reinstatement between 18/10/07-24/11/08 (FOI reference VTR1217) was
961.
Your request was received on 7/5/09 and I am dealing with it under the
terms of the Freedom of Information Act 2000. Therefore you can expect a
reply by 5/6/09 unless I need to come back to you to clarify your
request or the balance of the public interest test needs to be
considered.
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
Central FoI Team
show quoted sections
From: Tina HAmilton
7 May 2009
Dear DWP Adelphi Freedom-of-Information-Request,
Many thanks for the prompt response to my request.
I look forward to receiving the information by the 5/6/09.
Yours sincerely,
Tina Hamilton
From: DWP Adelphi Freedom-of-Information-Request
Department for Work and Pensions
7 May 2009
This is an automated confirmation that your request for information has
been received at the DWP Central FoI Team.
We will forward your request to the relevant information owner within the
Department who will respond to you direct.
Should you also have any further queries in connection with this request
do please contact us.
For further information on the Freedom of Information Act within DWP
please click on the link below.
[1]http://www.dwp.gov.uk/foi/
show quoted sections
Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.
References
Visible links
1. http://www.dwp.gov.uk/foi/
From: DWP Adelphi Freedom-of-Information-Request
Department for Work and Pensions
4 June 2009
Dear Ms Hamilton
Please find attached response to your FoI request.
Kind regards
Central FoI Team
show quoted sections
From: Tina HAmilton
5 June 2009
Dear DWP Adelphi Freedom-of-Information-Request,
Thank you for your response.
Please can you provide some clarification to your answer, firstly
regarding the figure of 1300 - quoted as those who have benefited
from the ECJ ruling:
How many of the 1300 claimants exported their benefit AFTER 18
October 2007?
Does this figure of 1300 include any claimants who had previously
had benefit withdrawn and now have had their allowances reinstated?
Secondly, you say that 181 out of 639 claimants have been
reinstated following the ECJ judgment. Therefore, please can you
provide the statistics as to:
How many of the 181 were reinstated due to meeting the eligibility
criteria of having been in the UK 26 weeks of the previous 52 weeks
at the time of establishment of entitlement to benefit?
How many of the 181 were reinstated due to meeting the eligibility
criteria of having appealed the original refusal to the benefits
immediately following a move to another EEA Member state (or
Switzerland)?
How many of the 181 claimants achieved reinstatement of previously
withdrawn benefit having pursued their claim via:
1. Lower Tribunal appeal?
2. Upper Tribunal appeal?
Yours sincerely,
Tina Hamilton
From: DWP Adelphi Freedom-of-Information-Request
Department for Work and Pensions
5 June 2009
This is an automated confirmation that your request for information has
been received at the DWP Central FoI Team.
We will forward your request to the relevant information owner within the
Department who will respond to you direct.
Should you also have any further queries in connection with this request
do please contact us.
For further information on the Freedom of Information Act within DWP
please click on the link below.
[1]http://www.dwp.gov.uk/foi/
show quoted sections
Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.
References
Visible links
1. http://www.dwp.gov.uk/foi/
From: Tina HAmilton
24 June 2009
Dear Sir or Madam,
Please pass this on to the person who conducts Freedom of
Information reviews.
I am writing to request an internal review of Department for Work
and Pensions's handling of my FOI request 'ECJ case C-299/05 -
evidence of full implication of ruling to expatriates'.
Additional questions, requesting clarification of the original
statistics provided, have yet to be answered. I would appreciate a
prompt response to those additional questions.
By law the response should have been made by 5 June 2009.
A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/ec...
Yours sincerely,
Tina Hamilton
From: DWP Adelphi Freedom-of-Information-Request
Department for Work and Pensions
24 June 2009
This is an automated confirmation that your request for information has
been received at the DWP Central FoI Team.
We will forward your request to the relevant information owner within the
Department who will respond to you direct.
Should you also have any further queries in connection with this request
do please contact us.
For further information on the Freedom of Information Act within DWP
please click on the link below.
[1]http://www.dwp.gov.uk/foi/
show quoted sections
Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.
References
Visible links
1. http://www.dwp.gov.uk/foi/
From: DWP Adelphi Freedom-of-Information-Request
Department for Work and Pensions
25 June 2009
Dear Ms Hamilton
Please see attached response to your FoI request
Kind regards
Central FoI Team
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