ESA50 Form Declaration Section

Currently waiting for a response from Department for Work and Pensions, they must respond promptly and normally no later than (details).

Dear Department for Work and Pensions,

Page 18 of the Department’s ESA50 form (version ESA50_022015_010_001) titled Declaration contains a number of statements to which the claimant is required to provide written consent. Two of these statements are reproduced below:

Statement 1
“I also understand that the Department may use the information which it has now or may get in the future to decide whether I am entitled to
- the benefit I am claiming
- any other benefit I have claimed
- any other benefit I may claim in the future”

This is incredibly broad in terms of the information that the Department seeks to obtain and its subsequent use.

Other than the:
- Consent granted by the claimant by signing the ESA50 form declaration; and
- The statutory basis for obtaining information for the ESA claim related to the current ESA50 form (e.g. Information required for determining capability for work and information required for determining capability for work-related activity prescribed in ESA Regulations)

RFI1: Please direct me please direct me to primary or secondary legislation (the specific section or regulation please) that allows the DWP to collect and use the data as indicated in this statement.

Statement 2
“I agree to my doctor or any doctor treating me, being informed about the Secretary of State's determination on
- limited capability for work
- limited capability for work-related activity, or both”

RFI2: Please direct me please direct me to primary or secondary legislation (the specific section or regulation please) that allows the Department to share this information as described should the claimant strike out this part of the Declaration section (i.e. the Department does not have the claimant’s explicit consent to share their SPD in the manner described).

Yours faithfully,

John Slater

DWP freedom-of-information-requests, Department for Work and Pensions

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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 7 February 2017 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,
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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