Dear Department for Work and Pensions,

Anyone who became eligible for a State Pension after April 2016 (like me) will have received the “new” state pension, which had a rate in April 2016 of £155 per week, subject to a clawback as a result of being contracted out of SERPS.

How is the clawback calculated? What formula is used? That is to say, what is the algorithm that is used by DWP/HMRC computers to calculate the amount being clawed back?

What is the appeals process that I can go through to question the amount that I am being clawed back ? - it is the process that I would like to understand.

Yours faithfully,

Nigel Nelson

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

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DWP Strategy Freedom of Information, Department for Work and Pensions

1 Attachment

Our Reference: FoI 3535

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

Yours sincerely
 
DWP Strategy FoI Team

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Mr Harris left an annotation ()

Nigel, Thanks for doing this interesting request!

They haven't provided you with algorithm, etc. you asked for . They have provided lots of unasked for reassurances about how fair it all is.

In DWP FoI responses, it is quite common for them to give lots of information that you didn't ask for but not what you did ask for.

It is difficult to tell if they are trying to be genuinely helpful or if they're trying to withhold potentially embarrassing information.

I would request an "internal review" simply pointing out that you asked for the algorithm, and they didn't send it to you.

You should then get a very technical and indigestible algorithm back which someone out there will be able to check out.

If the DWP resist, you may be on to something and it will be well worth involving the ICO at that point

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 'State Pension clawback'. - FOI: 3535

Thank you very much for your response to my Freedom of Information Request - however, this does not address my request for factual information in relation to how the SERPS clawback is calculated.

To recap: I asked for the formula/algorithm that is used to calculate the SERPS clawback. I have 39 years of National Insurance Contributions. My retirement date was 11 June 2017, and therefore I am subject to the 2014 Pensions Bill which came into force in April 2016. The State Pension that I received was based on the “old” State Pension. This suggests that the clawback was equal to or more than the difference between the new rate and the old rate. How do I know that the DWP calculation is right? Am I supposed to just believe the numbers that I have been given?

Can you please provide me with the information that I have requested in FOI 3535?

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,

Nigel Nelson

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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Dear DWP freedom-of-information-requests,

I would be very grateful if you could respond to my FOI request relating to the formula that is used to calculate the State Pension clawback Re: SERPS.

Yours sincerely,

Nigel Nelson

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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Dear Department for Work and Pensions,

Please pass this on to the person who conducts Freedom of Information reviews.

I have requested an internal review of Department for Work and Pensions's handling of my FOI request 'State Pension clawback'. (FOI: 2018/3535).

Can you please let me know when I can expect a response?

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,

Nigel Nelson

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...

Dear Department for Work and Pensions,

Please pass this on to the person who conducts Freedom of Information reviews.

I have requested an internal review of Department for Work and Pensions's handling of my FOI request 'State Pension clawback'. (FOI: 2018/3535), and I am still awaiting a response. Can you please let me know when I can expect a response?

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,

Nigel Nelson

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

IR 458 - Reply

We apologise for the delay in responding - The reply to your Internal Review request on FoI 3535 is now attached.

Yours sincerely

DWP Strategy FoI Team

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