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:
“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.
“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).
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