FAILURE TO ATTEND and s.19 use.

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Dear Department for Work and Pensions,

I know s.19 failure to attend / submit to medical assessment (or interview) can be used for DLA/PIP and presumably ESA. I imagine it might be used for JSA and ESA WRAG (In past) and for both work/benefit inspired National Insurance Number (NINO) applications.

I do wonder if used for sanctions re conditionality or not. I was merely the office skivy being so intelligent equality and non equipment/flexi/sickness leave level adjustments could be ignored I favour of misuse of preferences and inferences recurrent breaks sufficient re job design/variation. When there I was quite good. I even designed new more efficient version of AO progress check 'reminder' letters as DWP had such problems locating files and a lot of fail to attends apparently disputed / wrongly invoked by DWP in 2000-2004 perhaps later too. Having so much info they could not fail to locate file unless tried really hard and system went down the replies improved remarkably, meaning delays potentially cut (I like to think). Also lot of 'no recourse to public funds' used, and I know my learned colleagues disputed these in a number of instances. Along with wrong advice to reclaim as a single person often stated to customers by dwp.

There have been a number of peer reviews into deaths for people on benefit/subject to sanctions, etc.

Please state number of / percentages of the 49 or so revealed DWP peer reviews that involved use of section 19 failure to attend / submit to assessment / interview.

I am concerned by misuse of s.19 especially when Atos visit, don't knock/use doorbell then Dwp claim failure to attend whilst not issuing BF223 or equivalent good cause form before stopping, rather than suspending initially, awards. One way to try force people to claim PIP early.

Also misuse two different reasons, refusal give appeal and other underhand unlawful targetted/negligent acts that destroy faith in the department, system, government and Judicial system.

The public needs safeguards against ignorance or incorrect application of s.19 FTA. Conflagration does not adequately describe wilful misdirection, misconduct, targetted malice. The Courts/Tibunals ought to hold Dwp to account not make worse, ignore or try to pass off as mere error in law application /understanding.

Yours faithfully,

Daniel Hillary

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Operations FOI Requests, Department for Work and Pensions

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Mr Hillary

 

Please find attached our reply to your recent Freedom of Information
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Dear Operations FOI Requests,

Thank you for your reply.

The full text I wrote is quite clear and I find rewording of it unhelpful / pointless.

In regards what I mean by s19 fta/submit I mean JSA, DLA / PIP, and ESA. IF s19 fta rules do not apply to some of the benefits you will no doubt state this in your reply.

If the figures related to deaths and peer review exclude consideration of dla / pip please advise of this. It would not surprise me.

As a final comment let me add as an employer it is time the government stopped the use of worthless creatively lawyered inaccurate occupational health reports. Bad enough claimants experience this without using such misrepresentation/connivance to make employees claimants rather than enforce equality.

Thank you.

Yours sincerely,

daniel hillary

Operations FOI Requests, Department for Work and Pensions

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Operations FOI Requests, Department for Work and Pensions

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Dear Mr Hillary
 
Please find attached our response to your recent Freedom of Information
request.
 
 
Yours sincerely
 
DWP Central Freedom of Information Team
 
 
 
 

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