Central FoI Team
www.dwp.gov.uk
Caxton House
6-12 Tothill Street
London
SW1H 9NA
Email
: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx@xxx.xxx.xxx.xx
Our Ref: IR 571 and 574
Date: 6 December 2017
Dear Mr Bhamjee
Thank you for your two Freedom of Information (FoI) internal review (IR) requests received on 9
and 10 November 2017.
1. For IR 571 received on 9 November you asked:
“
We, Ismail Abdulhai Bhamjee and Mrs Sahera Bhamjee request your attention to have an Internal
Review of your decision, whilst the Request which had been made was also under the Crown
Proceedings Act 1947 and the Senior Courts Act 1981 and CPR 31 rules.
a) We believe that the Chancellor in the year 2015 had frozen the Local Housing Allowance for a
period of 4 Years.
b) There was a Statutory Instrument 2011 No 1169 which had been issued in December 2016
where this came into force in January 2017, The Rates which have been mentioned have not
been updated.
c) I am unable to find on the Link mentioned for Benefits for persons who are 60 Years of Age.
d) The Local Authorities who does normally process the Housing and Council Tax Reduction, I
believe that they are paid some amount of money for dealing with the Claims on behalf of the
Department for Work and Pensions.
e) We believe that you are aware that Permission to Apply for Judicial Review in the High Court of
Justice had been given as with regards to the Challenge on Child Benefit for two Children only,
whilst We didn't want to waste more time and Expenses for the Court, as We wanted to make a
challenge for Children those who attain 18 Years of Age or above as they do become
Independent Persons.
f) There is an Appeal before the First Tier Tribunal, and under the Human Rights Act 1998, there
is a Legal Right to have the Minister of the Crown added as a party to the Proceedings. Since
Section 4, 7, 9, 11 (a) (b), 12, 13, 21 and 22 (4) does apply.
g) You are aware of the United Nations Declaration of Independence on Colonial Countries
signed on the 14th December 1960. Since some of the Civil Servants in many departments are
interfering with the constitution of the Overseas Countries.”
2. In your Internal Review IR574 request received on 10 November 2017 you asked:
“I am writing to request an internal review of Department for Work and Pension’s handling of my FOI
request “Local Housing Al owance for Outer North East London and Housing Benefits for Persons who
attains 19 years of Age and Benefits for Persons who attains 60 years of age”
The first point is that:-
a) I understand that the Local Housing Allowance had been frozen in the Year 2005.
b) There is the Welfare Reform Act 2012 and 2016 Act where some changes had been made.
c) My request has been for a Particular Area which is North East Outer London Area where you
should have responded to this particular area. This is as marked as 97. The Amount mentioned
on this Area does differ with the amount of money which has been mentioned on the
Government Web site which does cause some confusion.
d) The High Court of Justice has given Permission to apply for Judicial Review in the High Court
of Justice, this is with regards to limits on 2 Children’s Child Benefit who are born after April
2017. I would not like to waste more time of the Courts and expenses as well, as I would like to
make a challenge with regards to persons who attains 18 years of Age. This should be
consolidated and proceed together at the same time.
e) You are aware that there is an appeal made to the First Tier Tribunal as with regards to the
Housing Benefit Appeal, where we do have the legal right to have the Department for Work and
Pensions joined as a party to those proceedings. You should provide me with the name and
address of the Officer who will accept service.
3. In response to both your requests, I can confirm that the handling of your original request and
response has now been appropriately reviewed by someone unconnected with the handling of
your original request.
4. As a result of the IR 571 review I am satisfied that the original response was handled properly
and that the outcomes of your requests were correct. The reasoning behind this decision in
relation to each of your points is set out as follows:
a)
“We believe that the Chancellor in the year 2015 had frozen the Local Housing Allowance for a
period of 4 Years.
Your original FOI 4519 question was:
“What is the Local Housing Allowance Rates for Persons who are living under Outer North East
London Area for the 2017/2018 3 bedroom House and 4 Bedroom House”
5. The response advised you that the information was readily accessible under section 21 of the
Freedom of Information Act as Local Housing Allowance rates can be found at
https://lha-
direct.voa.gov.uk/search.aspx Your IR point is a general statement regarding the freeze to
Local Housing Allowance rates from 2016 for four years rather than a specific rate.
6. The question you asked in your original FOI was a statement.
b)
“There was a Statutory Instrument2011 No 1169 which had been issued in December 2016
where this came into force in January 2017, The Rates which have been mentioned have not
been updated.”
The statutory instrument you mentioned in your Internal Review request actually refers to “The
Multiplex Licence (Broadcasting of Programmes in Gaelic)(Revocation Order) 2011 . This was
not mentioned in the initial request FOI 4519. This statement does not relate to your original FOI
4519 request.
7 c) “I am unable to find on the Link mentioned for Benefits for persons who are 60 Years of
Age.”
This information is accessible under section 21 of the Freedom of Information Act and the
following link to a summary of benefits for persons who attained 60 years of age was
provided in the original response:
https://www.gov.uk/browse/benefits
An additional link provides information about people of pensionable age:
https://www.gov.uk/search?q=pensioners
8. The questions noted at points 5, 6 and 7 of your review 571 are statements and do not
correspond at all to any of the questions you asked in your original FOI 4519.
9. In response to your Internal Review request IR574 I can confirm that the handling of your
original requests and responses has now been appropriately reviewed by someone
unconnected with the handling of your original request.
10. As a result of the IR 574 review I am satisfied that the original responses were handled
properly and that the outcomes of your requests were correct. The reasoning behind this
decision in relation to each of your points is set out as follows:
11. Your Internal Review IR574 dated 10 November you asked
a) “The first point is that:- I understand that the Local Housing Allowance had been frozen in
the Year 2005. This point is similar to that made at point 1 of IR571 and is a statement. This query had
previously been made in FOI 4519.
b) “There is the Welfare Reform Act 2012 and 2016 Act where some changes had been
made:” Your point 2 of IR 574 is a statement and does not relate to your original FOI 4519
request
.
c) “My request has been for a Particular Area which is North East Outer London Area where
you should have responded to this particular area. This is as marked as 97. The Amount
mentioned on this Area does differ with the amount of money which has been mentioned
on the Government Web site which does cause some confusion” Your point 3 of IR574 does not relate to your original FOI 4519 request and is a
statement.
d) “The High Court of Justice has given Permission to apply for Judicial Review in the High
Court of Justice, this is with regards to limits on 2 Children’s Child Benefit who are born
after April 2017. I would not like to waste more time of the Courts and expenses as well,
as I would like to make a challenge with regards to persons who attains 18 years of Age.
This should be consolidated and proceed together at the same time.”
Your point 4 of IR 574 is a statement and does not relate to the original FOI 4519
request.
e) “
You are aware that there is an appeal made to the First Tier Tribunal as with regards to
the Housing Benefit Appeal, where we do have the legal right to have the Department for
Work and Pensions joined as a party to those proceedings. You should provide me with
the name and address of the Officer who will accept service.”
Your point 5 of IR 574 is a statement and does not relate to the original FOI 4519.
If you have any queries about this letter please contact the Department quoting the reference
number above.
Yours sincerely,
DWP Central FoI Team
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Your right to complain under the Freedom of Information Act
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.gov.uk