Information sought from DWP systems about ESA WCA decisions when UC is claimed

Martin Williams made this Freedom of Information request to Department for Work and Pensions

This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was successful.

Dear Department for Work and Pensions,

1. Regulation 19 of the Universal Credit (Transitional Provisions) Regulations 2014 requires that where a claimant of Universal Credit was, entitled to ESA immediately before claiming UC and had been, in respect of ESA, determined to have either limited capability for work or limited capability for work related activity, then their UC award should include the LCW or LCWRA element as appropriate.

2. We understand, from DWP officers, that there is a process in place such that information from ESA systems is passed to, or obtained by those administering UC claims, to check whether regulation 19 applies. CPAG have been told by DWP officers that this system was strengthened in June 2017.

3. However, in a previous FOI response, available here: https://www.whatdotheyknow.com/request/i... the information which it is said that is obtained from DWP Benefit Processors or UC service centre staff does not appear capable of allowing a Decision Maker determining a claim for UC to know whether regulation 19 applies or not.

4. In particular, the internal form on which information is sought from Benefit Processors or looked up by UC service centre staff (UCFS MGP 1 (DWP) - Universal Credit Full Service Migration Gather Proforma 1 (DWP)) does not ask Benefit Processors to indicate whether a WCA had been conducted or indeed whether the work related activity component or support component was payable within a previous award of ESA. This is remarkable given the form does request a page worth of details on sanctions so as to allow these to be carried over from the legacy system (it seems the forms seeks to gather information relating only to the potential negative effects of previous receipt of legacy benefits and not the positive ones contained in regulation 19).

5. It appears therefore to us that either:

a) The previous FOI response referred to at our paragraph 3 above, does not adequately describe what information is gathered by UC service centre staff about previous receipt of ESA; or

b) The statements made to us, and to that there is a process for checking information so as to allow regulation 19 to be properly applied are inaccurate.

6. Please therefore disclose:

a) Any additional forms or other methods which are used to elicit or record information about previous receipt of ESA relevant specifically to assisting a decision maker to apply regulation 19 (note the UCFS MGP 1 (DWP) does not elicit or record such information).

b) Any operational guidance (not that which is in the Advice for Decision Makers which we already have access to) which is given to staff dealing with UC claims about checking whether regulation 19 applies or gathering information to enable a determination as to whether regulation 19 applies.

Yours faithfully,

Martin Williams

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

This is an automated confirmation that your request for information has
been accepted by the DWP FoI mailbox.
 
By the next working day your request will be forwarded to the relevant
information owner within the Department who will respond to you direct. 
 
If your email is a Freedom of Information request you can normally
expect a response within 20 working days.
 
Should you 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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DWP Strategy Freedom of Information, Department for Work and Pensions

Thank you for your Freedom of Information request.

You can expect a reply by 13 February 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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Dan Manville left an annotation ()

I went to my first commitments appointment this morning. The Work Coach had no idea of any process to distinguish ESA transitions from every day claimants and they had imposed Waiting Days; we're on day 16 since the new UC claim was made now so you'd think they'd have had their reply from ESA.

Dear DWP Strategy Freedom of Information,

I understand you are busy, and I know that it is still 13/02/2018 but I was hoping for a reply by close of business today. Please update me as to when a reply can be expected.

Yours sincerely,

Martin Williams

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 'Information sought from DWP systems about ESA WCA decisions when UC is claimed'.

The request was not responded to within the usual period and no explanation has been offered.

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

Yours faithfully,

Martin Williams

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

This is an automated confirmation that your request for information has
been accepted by the DWP FoI mailbox.
 
By the next working day your request will be forwarded to the relevant
information owner within the Department who will respond to you direct. 
 
If your email is a Freedom of Information request you can normally
expect a response within 20 working days.
 
Should you 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...

DWP Strategy Freedom of Information, Department for Work and Pensions

2 Attachments

FoI 212

Please accept our apologies for the delay in responding. The reply to your Freedom of Information request is now attached.
 

Yours sincerely
 
DWP Strategy FoI Team

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Dear DWP Strategy Freedom of Information,

Many thanks for your reply.

Please could you let me know:

1. The date from which this version of the MGP1 form has been in use?

2. The date (if different) from which the MGP1 form has included the section requiring a Work Capability Assessment decision outcome (group), date of decision and date of next referral to be recorded.

3. In addition, I am not clear from your response when you say that the system prompts for this information that means the form does not allow completion until that date is issued? In other words, is it possible for the form to be completed and emailed without that section having been completed or are they (electronically) required before the form can be sent?

Thanks again.

Yours sincerely,

Martin Williams

DWP Strategy Freedom of Information, Department for Work and Pensions

Thank you for your Freedom of Information review request.

Please note that it is our internal target to answer reviews within 20 working days unless I need to come back to you to clarify your request, or the balance of the public interest test needs to be considered which we will keep you informed about.

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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Dear DWP Strategy Freedom of Information,
this further part of my FOI request (ie request you state when the form sent to me started to be used etc) does not seem to have been answered yet.
Thanks.

Yours sincerely,

Martin Williams

DWP Strategy Freedom of Information, Department for Work and Pensions

1 Attachment

 

 

IR 90

 

 

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

 

 

Yours sincerely

 

DWP Strategy FoI Team

 

 

 

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Dear DWP Strategy Freedom of Information,

Many thanks for your reply 14/3/2018. It would be useful to know when a substantive reply to the further questions is expected?

Yours sincerely,

Martin Williams

Martin Williams

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 'Information sought from DWP systems about ESA WCA decisions when UC is claimed'.

I have still not had a reply to my further question.

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

Yours faithfully,

Martin Williams

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

This is an automated confirmation that your request for information has
been accepted by the DWP FoI mailbox.
 
By the next working day your request will be forwarded to the relevant
information owner within the Department who will respond to you direct. 
 
If your email is a Freedom of Information request you can normally
expect a response within 20 working days.
 
Should you 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...

DWP Strategy Freedom of Information, Department for Work and Pensions

Dear Mr Williams

This is to confirm that we received your additional questions from 15th February 2018 in response to the reply we gave in connection with your request FoI 212. Due to an administrative error these additional questions were not registered and for which we apologise.

We have now registered your questions as FoI 1698 and they are now being dealt with as a matter of urgency.

Once again please accept our apologies for this error. We will endeavour to provide you with a response as soon as possible.

Yours sincerely

DWP Strategy FoI Team

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DWP Strategy Freedom of Information, Department for Work and Pensions

1 Attachment

Please see the attached reply to your Internal Review request 194
 
Yours sincerely
 
DWP Strategy Freedom of Information Team

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DWP Strategy Freedom of Information, Department for Work and Pensions

1 Attachment

 

 

FoI 1698

 

 

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

 

 

Yours sincerely

 

DWP Strategy FoI Team

 

 

 

 

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