To: Trudy Baddams
DWP Central Freedom of Information Team
xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx
e-mail
: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx@xxx.xxx.xxx.xx
Our Ref: FOI 2353
11 June 2018
Dear Trudy Baddams,
Thank you for your Freedom of Information request which we received on 14 May 2018.
You asked:
‘Can you confirm that it is either the responsibility of the claimant or the assessor or the DWP to
collect evidence on PIP or ESA or Universal Credit claim for sickness’
DWP response:
Within a claim to benefit, responsibility for providing or obtaining supporting medical evidence
lies with the claimant, Department for Work and Pensions (DWP) and the relevant assessment
provider.
Claimants are required to supply all available medical evidence in order to support their claim to
benefit.
In addition, further evidence from professionals supporting the claimant should be sought where
the assessor feels it would help to inform their advice to DWP. The circumstances when it may
be appropriate to obtain further evidence include (but are not limited to):
• Where the assessor feels that further evidence will allow them to offer robust advice without
the need for a consultation / face to face assessment
• Where they feel that a consultation / face to face assessment may be unhelpful because the
claimant lacks insight into their condition
• Where claimants have progressive or fluctuating conditions
• Where they consider that a consultation / face to face assessment is likely to still be needed
but further evidence will improve the quality of the advice provided to DWP – for example,
because the existing evidence lacks detail or is contradictory, or to corroborate other evidence
• Where, in reassessment cases, further evidence may confirm whether or not there has been a
change in the claimant’s health condition or disability
Benefit entitlement is determined by DWP Decision Makers (DM). In order to make a decision
on benefit entitlement the DM considers all of the available evidence.
Evidence can include information that has been supplied by the claimant, obtained by the
assessment provider and also the report from the assessment provider.
The law specifies that it is a matter for the DM to decide whether further evidence is required,
and, if so, the most appropriate source of this. DMs cannot award entitlement for a specific rate
of benefit unless the conditions of entitlement, which are laid down in law, are satisfied.
If you have any queries about this letter please contact us quoting the reference number above.
Yours sincerely
DWP Central FoI Team
------------------------------------------------------------------------------- ------------------------------------ Your right to complain under the Freedom of Information Act
If you are not happy with this response you may request an internal review by e-mailin
g freedom-of-information-
xxxxxxx@xxx.xxx.xxx.xx or by writing to DWP, Central FoI Team, Caxton House, Tothill Street, London, SW1H
9NA. Any review request should be submitted within two months of the date of this letter. Please remember to quote
the reference number above in any future communications.
If you are not content with the outcome of the internal review you may apply directly to the Information
Commissioner’s Office for a decision. General y the Commissioner cannot make a decision unless you have
exhausted our own complaints procedure. The Information Commissioner can be contacted at: The Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
www.ico.org.uk/Global/contact_us or telephone 0303 123 1113 or 01625 545745