Universal credit managed migration equality act exception procedure.

Response to this request is long overdue. By law, under all circumstances, Department for Work and Pensions should have responded by now (details). You can complain by requesting an internal review.

Dear Department for Work and Pensions,

People on existing benefits will be moved onto Universal Credit under 'managed migration'.

There must obviously be some procedure for selecting claimants, and then prompting them to claim UC.
The Equality Act states that the DWP has a prospective duty to ensure that sets of people with disabilities are not discriminated against with respect to others.

My specific question is:
What is the procedure whereby 'managed migration' triggering a request to the claimant to claim UC may be diverted to a member of staff to take appropriate action for those who it would be specifically burdensome and disproportionate to complete the normal process.

For example, that set of claimants who have long term conditions which would entitle them to UC, difficulty dealing with the claim process, and no prospect of recovery. (but who are not terminaly ill).

Yours faithfully,

Ian Stirling

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

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DWP Central FOI Team,

1 Attachment

Dear Ian Stirling,

I am writing in response to your request for information, received 28th
November.

Yours sincerely,

DWP Central FoI Team

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 'Universal credit managed migration equality act exception procedure.'.

I write requesting you review the refusal on the ground that the exception allowing data to be withheld must be viewed in context that this is a matter which is specifically excluded from 'judicial functions' in the tribunals service.

Specifically, in the normal course of decisions by government officials, there is a long chain of appeals through the tribunal (lower and upper) and on to if required the supreme court.
In the case of decisions where the decisionmaking procedure violates the equality act, this is either curtailed eliminated entirely.
https://www.legislation.gov.uk/ukpga/201...
"(1)Section 29 does not apply to— (a)a judicial function;".

Though I would disagree with the decision that it is a reasonable ministerial freedom to actively choose to discriminate against certain groups, this decision gets even more problematic once the fact there is no appeal possible for decisions where the decisionmaking process itself is specifically burdensome on a protected group of claimants.
Such at those for example with long term conditions.

Guidance on https://www.judiciary.uk/wp-content/uplo... confirms this is the view of HMCTS.

"Whilst the “judicial function” is exempt from the prohibition on discrimination in the exercise of public functions, this exemption is likely to be limited to the core, adjudicative function. Ancillary functions, e.g.training, mentoring, conducting appraisals, managerial or committee functions and conduct towards colleaguesor court staff will not be exempt. "

The only exceptions to the 'core judicial function' mentioned are those matters irrelevant towards appeals.

I am NOT looking for policy discussions of ministers, or their freedoms.

I am looking for the MUCH narrower universal credit operational procedure where exceptions to the normal of natural migration are flagged.

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

Yours faithfully,

Ian Stirling

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.
 
If your email is a Freedom of Information request you can normally expect
a response within 20 working days.
 
However please be advised that due to the current situation with COVID-19
we cannot guarantee a response within this timescale.
 
Every effort is being made to respond to FOIs as we would usually but the
current situation means that available Departmental resources will be
needed on other high priority areas.
 
We kindly ask for your understanding during this unprecedented situation
and we will aim to deal with your FOI request as soon as is practically
possible.
 
Email FOI responses will be issued from [1][email address]
We recommend that you add this address to your email contacts otherwise
the response may be treated as Spam or Junk mail.  
 
Should you have any further queries in connection with this request do
please contact us.
 
[2]http://www.gov.uk/dwp
 
 

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