DWP Central Freedom of
Information Team
Caxton House
6-12 Tothil Street
London
SW1H 9NA
Carl Davies
freedom-of-information-
xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx
xxxxxxx@xxx.xxx.xx
DWP Website
Our Ref: FOI2022/93916
22 December 2022
Dear Carl Davies,
Thank you for your Freedom of Information (FoI) request received on 23 November. You
wrote:
“When a Claimant is instructed or mandated to participate in a Better off in Work
calculation by the Jobcentre or a Restart provider what section of the Jobseekers Act
1995 or Welfare Reform Act 2012 al ows the mandation of the Claimant to provide
personal and private information about matters of personal finance, i.e. rent, outgoings,
spending, etc.”
DWP Response
It may be helpful if we explain the role of the FoI Act. It provides a legal right of access to
recorded information held by a public authority like the DWP, subject to certain exemptions
that may apply. The Act does not oblige a public authority to create new information to
answer questions; nor does it require a public authority to give advice, opinion or explanation,
generate answers to questions, or create or obtain information it does not hold.
If you ask a question, rather than requesting recorded information, we wil provide you with
the recorded information that best answers the question. Once we have provided the
recorded information, we have met our obligations under the Act; interpreting the information
provided is up to you.
Your request asks a question which you want us to respond to however this would need new
information to be created.
We can confirm that the information you have requested is not held by this Department as
the regulations you have referred us to do not specifical y refer to better off calculations.
However, in the interested of being helpful and provided outside of our obligation of the FOI
Act, you may fight the fol owing links helpful:
Welfare Reform Act – Chapter 2, Sections 13-18 and 23
https://www.legislation.gov.uk/ukpga/2012/5/contents/enacted and,
Jobseekers Act – Chapter 18, Part 1, Sections 6A-6G
https://www.legislation.gov.uk/ukpga/1995/18/section/6A
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If you have any queries about this letter, please contact us quoting the reference number
above.
Yours sincerely,
DWP Central Freedom of Information Team
Department for Work and Pensions
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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
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx@xxx.xxx.xx or by writing to: DWP Central FoI Team, Caxton
House, 6-12 Tothil Street, London, SW1H 9NA.
Any review request should be submitted within two months of the date of this letter.
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. General y, 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.
Website:
ICO FOI and EIR complaints or telephone 0303 123 1113.
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