Process Cancel Migration Notice, Regulation 44(5) of the UC (TP) Regs 2014 necessary in the interests of the person
Anthony Collins made this Freedom of Information request to Department for Work and Pensions
Dear Department for Work and Pensions,
Please can you send the guidance, operation manuals, decision making guidance, including process tree to
a- Processing the Cancel Migration Notice
and
b- making the decision to Cancel Migration Notice:
including deciding on and to apply
1. Under
Regulation 44(5) of the UC (TP) Regs 2014:
“(5) The Secretary of State may cancel a migration notice issued to any person—
(c) in any other circumstances where the Secretary State considers it necessary to do so in the interests of the person,
OR
2. 'If the claimant is unable to make a claim using the methods' detailed in Guidance "Move to Universal Credit exclusion" 'OR 'in the interest of safeguarding the claimant ' detailed in Guidance "Move to Universal Credit exclusion" '
Yours faithfully,
Anthony Collins
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Dear Anthony Collins,
Please find attached a response to your request for information, received
18th October.
Yours sincerely,
DWP Central FOI Team
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 'Process Cancel Migration Notice, Regulation 44(5) of the UC (TP) Regs 2014 necessary in the interests of the person'.
The information i requested is missing specifically
"Making the decision", "deciding and applying" as under
1.
Regulation 44(5) of the UC (TP) Regs 2014:
What the applicable
"circumstances ...necessary to do so in the interests of the person"
That you use to decide on a notice to be cancelled
AND
2. Detailed in Guidance "Move to Universal Credit exclusion"
What the applicable circumstances for
Either
'in the interest of safeguarding the claimant '
Or
" unreasonable to expect them to make a claim at this time"
Or
" DWP cannot safely move them across from their legacy benefits"
you use to decide on a notice to be cancelled.
Without this information it would mean two claimants with same circumstances could get different decisions. What are the circumstances and facts used that decide to cancel. What guidance is used for "in interests person","unreasonable""safely""safeguarding"
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/p...
Yours faithfully,
Anthony Collins
Thank you for contacting the Department for Work and Pensions (DWP).
This is an automated confirmation that your request for information has
been received by the DWP Freedom of Information mailbox and will be
processed accordingly.
Please note that this mailbox is for Freedom of Information (FOI) or
Internal Review (IR) requests only – If you have submitted a non FOI or IR
related email then we may not be able to action it.
Timescales for responding
Freedom of Information (FOI) Requests
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2000, you can normally expect a response within 20 working days.
Internal Review (IR) Requests
You can normally expect a response within 20 working days.
We will respond to all valid FOI and IR requests within our statutory
timescales, if we are unable to do so then we will contact you to explain
why. Please note that we are not able to process your FOI or IR request in
any shorter timescales that you may indicate.
Receiving a response from us
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address]
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the response may be treated as Spam or Junk by your email account
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Further Information
Should you have any further queries in connection with your FOI or IR
request please contact us.
More information on the DWP can be accessed on gov.uk here –
[2]https://www.gov.uk/government/organisati...
References
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Dear Anthony Collins,
Please find attached a response to your request for information, received
6th November.
Yours sincerely,
DWP Central FOI Team
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 'Process Cancel Migration Notice, Regulation 44(5) of the UC (TP) Regs 2014 necessary in the interests of the person'.
I am requesting clarification of what information you hold on circumstances for
Either
'in the interest of safeguarding the claimant '
Or
" unreasonable to expect them to make a claim at this time"
Or
" DWP cannot safely move them across from their legacy benefits"
you use to decide on a notice to be cancelled.
ADM M7 only refers to defer or excluded,
With defer examples and excluded examples.
NOT pertaining to cancellation via
Reg 44(5) uc (tp) regs 2014
or whom are safeguarding
or whom it is unreasonable to expect
or who is not safe to move?
For example recently bereaved, undergoing surgery, limited mental incapacity.
How is it decided?
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/p...
Yours faithfully,
Anthony Collins
Thank you for contacting the Department for Work and Pensions (DWP).
This is an automated confirmation that your request for information has
been received by the DWP Freedom of Information mailbox and will be
processed accordingly.
Please note that this mailbox is for Freedom of Information (FOI) or
Internal Review (IR) requests only – If you have submitted a non FOI or IR
related email then we may not be able to action it.
Timescales for responding
Freedom of Information (FOI) Requests
If your email is a valid FOI request, as per Section 8 of the FOI Act
2000, you can normally expect a response within 20 working days.
Internal Review (IR) Requests
You can normally expect a response within 20 working days.
We will respond to all valid FOI and IR requests within our statutory
timescales, if we are unable to do so then we will contact you to explain
why. Please note that we are not able to process your FOI or IR request in
any shorter timescales that you may indicate.
Receiving a response from us
Please note that email FOI and IR responses will be issued from [1][email
address]
We recommend that you add this address to your email contacts otherwise
the response may be treated as Spam or Junk by your email account
provider.
Further Information
Should you have any further queries in connection with your FOI or IR
request please contact us.
More information on the DWP can be accessed on gov.uk here –
[2]https://www.gov.uk/government/organisati...
References
Visible links
1. mailto:[email%20address]
2. https://www.gov.uk/government/organisati...
Dear Anthony Collins,
Please find attached a response to your request for information, received
22nd November.
Yours sincerely,
DWP Central FOI Team
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