Dear Department for Work and Pensions,
I make this request on behalf of the EU Rights and Brexit Hub.
I am writing to request information on how ‘provisional payments’ are recorded.
At paragraph 7.6 in the explanatory memorandum on the Social Security Coordination Regulations, it is stated that that the provision regarding provisional payments is ‘very rarely used (provisional payments have only ever been paid by DWP in two instances)’ (found here: https://www.legislation.gov.uk/uksi/2019...).
When seeking more context for this number by asking for the number of disputes with EU Member States over competence in a previous FOIA request (FOI2020/66460), I was informed that “the Department does not keep records of cases where there is a dispute with an EU Member State regarding competence to pay benefits, or where a provisional payment has been made.” (https://www.whatdotheyknow.com/request/n...).
Please could you, within the limits of the FOIA, provide an answer to the following question:
1. How did the government identify the instances of provisional payments made by the DWP, referred to in para 7.6?
2. How did the government count the identified payments made by the DWP, referred to in para 7.6?
3. How does the government know that the number of payments (two) quoted in para 7.6 is accurate?
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