DWP forcing claimants to commit a criminal acts

Mr Taylor made this Freedom of Information request to Department for Work and Pensions

Department for Work and Pensions did not have the information requested.

From: Mr Taylor

6 November 2010

Dear Department for Work and Pensions,

The DWP are systematically removing people from Incapacity Benefit
on the orders of the government.

People who are then moved from Incapacity Benefit to Jobseekers
allowance etc. are forced into the position of having to sign a
legal declaration stating that they are fit for work in order to
receive the benefit.

If the individual does not consider that they are fit for work how
can the DWP be complying with the individuals Human Rights by
forcing the individual to commit a criminal act, in making a
fraudulent claim?

Yours faithfully,

Mr Taylor

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From: DWP Adelphi Freedom-of-Information-Request
Department for Work and Pensions

6 November 2010

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/freedom-of-informa...

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From: DWP Adelphi Freedom-of-Information-Request
Department for Work and Pensions

22 November 2010


Attachment FoI 3086 22.11.10.doc
41K Download View as HTML


Dear Mr Taylor

Please see attached response to your FoI request.

Kind regards

Central FoI Team

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From: Mr Taylor

20 February 2011

Dear Department for Work and Pensions,

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 'DWP forcing claimants to
commit a criminal acts'.

You haven't supplied an answer to my request for an explanation as
to how the DWP can be complying with an individuals Human Rights by
forcing the individual to commit a criminal act, in making a
fraudulent claim of face destitution.
Do the DWP now openly operate outside of the Human Rights Act?

A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/dw...

Yours faithfully,

Mr Taylor

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From: DWP Adelphi Freedom-of-Information-Request
Department for Work and Pensions

20 February 2011

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/freedom-of-informa...

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References

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1. http://www.dwp.gov.uk/freedom-of-informa...

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From: Mr Taylor

20 February 2011

Dear Department for Work and Pensions,
I spotted a mistake in my previous communication:

OF should read OR

"how the DWP can be complying with an individuals Human Rights by
forcing the individual to commit a criminal act, in making a
fraudulent claim of face destitution."

"how the DWP can be complying with an individuals Human Rights by
forcing the individual to commit a criminal act, in making a
fraudulent claim OR face destitution."

Please get a move on with the review and give an unambiguous
response as I've already waited ages.

Yours faithfully,

Mr Taylor

Link to this

From: DWP Adelphi Freedom-of-Information-Request
Department for Work and Pensions

20 February 2011

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/freedom-of-informa...

show quoted sections

References

Visible links
1. http://www.dwp.gov.uk/freedom-of-informa...

Link to this

From: DWP Adelphi Freedom-of-Information-Request
Department for Work and Pensions

18 March 2011

Dear Mr Taylor,

Thank you for your Freedom of Information request dated 20 February
2011. You asked:-

'how the DWP can be complying with an individuals Human Rights by
forcing the individual to commit a criminal act, in making a fraudulent
claim OR face destitution '

You have asked this in response to our reply to your previous
correspondence (FoI 3086) regarding IB Reassessment. I have reviewed our
response and believe that it was correct.

To be entitled to Employment and Support Allowance (ESA) (in addition to
satisfying either the conditions for the contributions-based or
income-related forms of the benefit) a customer has to satisfy the basic
conditions of entitlement. Any customer who is found not to have limited
capability for work therefore fails to be entitled to ESA - having
limited capability for work is one of the basic conditions of
entitlement.

One of the conditions of entitlement for Jobseeker's Allowance (JSA) is
that the claimant does not have limited capability for work. Satisfying
this condition of entitlement is therefore the other side of the coin
from not satisfying the limited capability for work condition for ESA
purposes. This position is reflected in paragraph 2 of Schedule 1 to the
Jobseekers Act 1995, which provides that: the question whether a person
has, or does not have, limited capability for work shall be determined,
for the purposes of the Jobseekers Act, in accordance with the
provisions of Part 1 of the Welfare Reform Act 2007 including the basic
conditions of entitlement for ESA.

This is therefore not an issue of forcing individuals to commit a
criminal act: if a person does not have a limited capability for work
for the purposes of ESA entitlement, then they do not have limited
capability for work for JSA purposes either. Should a customer feel they
have been incorrectly identified as fit for work, they can appeal the
decision.

It is also important to note that although part of the conditions of
receiving Jobseeker's Allowance that a customer must be available and
actively seeking work and engaging with the labour market, health
conditions can be taken into account when devising the Jobseeker's
Agreement.

If you have any queries about this letter please contact me quoting the
reference number above.

Yours sincerely,

DWP Central FoI Team

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