Third Party Deductions for Rent Arrears - operational guidance

Glenys Harriman made this Freedom of Information request to Department for Work and Pensions

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Glenys Harriman

Dear Department for Work and Pensions,

Please could you provide the Operational Guidance referred to in paragraph D2120 of Chapter D2 of the ADM, in respect of further criteria relating to the amount of the debt.

Thanks

Yours faithfully,

Glenys Harriman

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no-reply@dwp.ecase.co.uk on behalf of Operations FOI Team, Department for Work and Pensions

1 Attachment

Dear Glenys Harriman,

I am writing in response to your request for information, received 6
March.

Your response is attached

Yours sincerely,

DWP Operations FOI Team

no-reply@dwp.ecase.co.uk on behalf of Operations FOI Team, Department for Work and Pensions

3 Attachments

Dear Glenys Harriman,

I am writing in response to your request for information, received 6th
March.

Yours sincerely,

DWP Central FoI Team

J Roberts left an annotation ()

Timson v SSWP and Severn Trent Water PLC [2022] EWHC 2392 (Admin)

'187. As I have said, it is clear from the structure of the legislation that Parliament envisaged that there will be cases in which it is not in the interests of the claimant to be subjected to a TPD, even if there is no doubt that a debt has been accrued. The 1987 Regulations do not specify what those circumstances might be. I can think of three types of case...

292. For the reasons given above, the claim for judicial review succeeds on one aspect only. This is that the Defendant’s written guidance to decision-makers in relation to TPDs is unlawful because, by implication and omission, it has the effect that, read as a whole, the guidance presents a misleading picture of the true legal position to decision-makers, in that it does not make clear that claimants should be offered the opportunity to make representations and/or provide relevant information to the decision-maker before the TPD decision is taken. The claims in relation to the ECHR are dismissed.'

https://caselaw.nationalarchives.gov.uk/...

TPD = Third Party Deduction

The Guardian:

'A disabled former police officer has won a legal challenge against the Department for Work and Pensions over its policy of allowing utility companies to automatically deduct hundreds of pounds a year from individuals’ benefits without their consent.'

https://www.theguardian.com/society/2022...