Time frame for deciding claims or mandatory reconsiderations in potentially destitute EU cases
Dear Department for Work and Pensions,
SSWP v AT [2022] UKUT 330 (AAC) established that where an EU citizen who claims universal credit, but has no qualifying right to reside sufficient to meet the habitual residence test, they must nonetheless be awarded the benefit if otherwise their would be a risk that they would be unable to meet their (or families) basic needs and they cannot work.
Please provide:
1. Any list of questions that EU citizens to whom this judgment might apply are asked in order to establish whether they meet the test of risk of destitution.
2. Any other operational intstructions (other than the ADM Memo) given to casemanagers of Decision Makers about gathering information / evidence to apply the judgment.
3. Please provide any guidance or other instructions on expediting decision making in cases where AT is thought to possibly apply.
4. Please provide any management information of other information (targets / p[erformance against target etc) which shows:
a) how long a claim for UC for an EU national takes to decide (or in general if you do not hold the information for EU nationals).
b) how long a mandatory reconsideration for UC takes to decide (and specifically if known how long it takes if the issue is the right to reside test).
Yours faithfully,
Martin Williams
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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 'Time frame for deciding claims or mandatory reconsiderations in potentially destitute EU cases'.
The request was made on 29 November 2024. The time for reply has been exceeded with no explanation having been offered. Normal response would be 01 January 2025- even allowing for the holiday period I would have expected a reply by now (28 January 2025).
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/t...
Yours faithfully,
Martin Williams
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.
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Freedom of Information (FOI) Requests
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2000, you can normally expect a response within 20 working days.
Internal Review (IR) Requests
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Dear Martin Williams,
Please find attached a response to your request for information, received
29th November.
Yours sincerely,
DWP Central FOI Team
Dear Martin Williams,
Please find attached a response to your request for information, received
28th January.
Yours sincerely,
DWP Central FOI Team
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