Clarity on Severe Disability Premium repayments for UC claimants

Response to this request is long overdue. By law, under all circumstances, Department for Work and Pensions should have responded by now (details). You can complain by requesting an internal review.

Timothy Merricks

Dear Department for Work and Pensions,

My understanding is that those of us who, due to a change in circumstances, have moved to a Universal Credit area and in doing so unlawfully lost access to the Severe/Enhanced Disability Premium are to be subject to a change in government policy which involves the reinstatement, as well as backdated payments of monies lost due to those cuts.

Please outline in all detail you have at your disposal the situation at the time of your reply to this request as regards confirmation, timeline as well as any appeal the government might be considering against its own pledge to reverse the aforementioned cuts.

Yours faithfully,

Timothy Merricks

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DWP Strategy Freedom of Information, Department for Work and Pensions

Thank you for your Freedom of Information request.

You can expect a reply by 27 July 2018 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 quoting the reference number above.

Yours sincerely

DWP Strategy FoI Team

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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-mailing [DWP request email] or by writing to DWP, Central FoI Team,
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DWP Strategy Freedom of Information, Department for Work and Pensions

1 Attachment

FoI 3011

Please see the attached reply to your Freedom of Information request.
 

Yours sincerely
 
DWP Strategy FoI Team

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Timothy Merricks

Dear DWP Strategy Freedom of Information,

Thank you for your reply, which partially answers my question. Please complete your answer by clarifying your intentions regarding reinstatement of SDP or its equivalent for those who moved to UC via a change of circumstances as opposed to managed migration.

Also, you indicated that on 7 June 2018 you announced changes that you intend to bring forward in the Autumn. Can you confirm that those changes, which you have stated that you intend to pass into legislation, are notwithstanding your intention to appeal the one point that the court found against the Department?

Yours sincerely,

Timothy Merricks

DWP Strategy Freedom of Information, Department for Work and Pensions

Thank you for your Freedom of Information request.

You can expect a reply by 10 August 2018 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 quoting the reference number above.

Yours sincerely

DWP Strategy 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-mailing [DWP request email] or by writing to DWP, Central FoI Team,
Caxton House, Tothill Street, 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. Generally 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

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DWP Strategy Freedom of Information, Department for Work and Pensions

1 Attachment

FoI 3176

Please see the attached reply to your Freedom of Information request.
 

Yours sincerely
 
DWP Strategy FoI Team

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Dear DWP Strategy Freedom of Information,

Regulation 63 of the draft regulations that you refer to in your previous correspondence - which deals with those who have already “naturally migrated” to universal credit - only provides for compensation to those in the position of those in the TP and AR judgement to a flat rate of £80 a month, whereas following the ruling, the DWP agreed to pay compensation of around £170 per month to each claimant (TP and AR) - equivalent to the reduction in income they experienced.

However, regulation 63 of the draft regulations - that deals with those who have already “naturally migrated” to universal credit - only provides for compensation to those in the position of those in the TP and AR judgement to a flat rate of £80 a month.

This ignores the loss of the enhanced disability premium that is not included within universal credit.

Please confirm that the DWP intends to compensate the successful claimants (TP and AR, R (On the Application Of) v Secretary of State for Work And Pensions) to the full amount of income lost through loss of Severe Disability Premium and Enhanced Disability Premium. Also please confirm that it is the intention of the DWP to compensate other natural migration claimants in the same position as the claimants approx £80 per month Transitional Protection - less the half the amount as the claimants and disregarding the Enhanced Disability Premium.

Yours sincerely,

Timothy Merricks

no-reply@dwp.ecase.co.uk on behalf of DWP Strategy Freedom of Information, Department for Work and Pensions

Our ref: FOI2018/03888

Dear Timothy Merricks,

Thank you for your request for information which was received on 8th
September. Your request is being considered under the terms of the Freedom
of Information Act 2000.

The Act requires that a response must be given promptly, and in any event
within 20 working days. We will therefore reply at the latest by 5th
October.

Please remember to quote the reference number above in any future
communications.

Yours sincerely,

DWP Strategy Freedom of Information Team

no-reply@dwp.ecase.co.uk on behalf of DWP Strategy Freedom of Information, Department for Work and Pensions

1 Attachment

Dear Timothy Merricks,

I am writing in response to your request for information, received 8th
September.

Yours sincerely,

DWP Central FoI Team

Dear [email address] on behalf of DWP Strategy Freedom of Information,

Thank you for your response to my query, in which you clarified that under the new "proposals" to which you referred, single people and couples who are in the LCWRA and were previously receiving severe disability premiums will, going forward, receive an extra £80. To clarify, please confirm that the DWP intends to compensate claimants for any lack of disability premium which was not paid during the interim period of transferral to UC and implementation of the "proposal". This would obviously be in line with the legal outcome and subsequent settlement made by the DWP in response to the judgement made on the 31 July 2018 at the High Court in London by Mr Justice Lewis in favour of TP and AR.

Yours sincerely,

Timothy Merricks

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