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Safeguarding and Vulnerable Adults, ESA disallowance procedure, working days

Max Kerley (Account suspended) made this Freedom of Information request to Department for Work and Pensions

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Max Kerley (Account suspended)

Dear Department for Work and Pensions,

I request information relating to Safeguarding law and policies that the DWP is required to follow, in relation to claimants with mental health problems, the WCA and the dis-allowance of benefit. In this case I refer to ESA.

If a claimant has a mental health issue that greatly affects their day to day activities, ability to conduct normal activities such as addressing their dealings with the DWP, what is the DWP required to do in order to ensure that a person with mental health problems can access the support they need.

If a claimant has mental health issues, is the department required to conduct itself with a duty of care to the claimant and to make arrangements suitable for the claimants health?

If considering the disallowance of ESA, what is the DWP required to do prior to this with regards to a claimant with mental health problems?

Regarding a disallowance of ESA for a failure to attend a WCA, what is the process by which the DWP conducts itself before a sanction is applied? For example, the CHDA sends out a BF223, does the DWP then wait for this to be returned before cutting off a persons ESA and then a claimant would then apply for a Mandatory Reconsideration?

Does the DWP notify a claimant that their ESA has ceased? If so, does the DWP advise on what action a claimant must then take?

If a Mandatory Reconsideration has been made and the result is not in the claimants favor, does the DWP advise on what happens next and how the claimant is able to support themselves? If the claimant is clearly sick and unable to work and has a sick note, it would clearly not be possible for them to apply for JSA.

By what criteria does the DWP class as a Mandatory Reconsideration? ie Letter, Call or does the DWP consider other DWP forms as a MR and what would they be?

What is the length of time that a claimant has to return a BF223 and is the postage time included in this time scale?

What does the DWP class as a working day? If a Saturday and Sunday are not classed as working days, does the CHDA and DWP still class these as normal days in relation to a claimant, but not for it's staff?

Yours faithfully,

Max Kerley

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

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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 21 November 2017 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

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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,
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www.ico.org.uk/Global/contact_us or telephone 0303 123 1113 or 01625 545745

Max Kerley (Account suspended)

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 'Safeguarding and Vulnerable Adults, ESA disallowance procedure, working days'.

Your response is LONG overdue. I expect a response immediately given the timescale.

Thank you.

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

Yours faithfully,

Max Kerley

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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Operations FOI Requests, Department for Work and Pensions

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Please find attached our reply to your recent Freedom of Information  and
internal review requests.

 

Thank you

 

DWP Freedom of Information Team

 

 

 

 

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