Dear Department for Work and Pensions,

It has recently come to my attention that you have adopted a policy of automatically suspending ESA claims when Work Availability Reports are received.

I would like to know for JSA, Income Support and ESA:

in what circumstances a claim would automatically suspend?

when was this policy introduced?

what statutory provision permits automatic suspension of a claim?

was an impact assessment conducted before this policy was rolled out?

was there any consultation before the policy was rolled out and if so with whom?

Yours faithfully,

Dan Manville

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

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N. Lane left an annotation ()

It may help you to know that way back in 2014, when I was awarded PIP my ESA arrived a day late - I rang on the day it was due and was told that "in order to make sure that an overpayment did not happen" then all existing payments were suspended until a decision maker could check to make sure that everything as OK. Fortunately for me I had just had a large arrears payment of PIP. But no-one was able to explain how getting an award of PIP would lead to a reduction in the amount of ESA I would get!

I also notice that this answer is overdue - I wonder why?? . . . .

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 'Work Availability Reports'.

This request is now overdue. Please reply within 7 days or I will escalate the issue to the ICO

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

Yours faithfully,

Dan Manville

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

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Operations FOI Requests, Department for Work and Pensions

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Please find attached our response to your recent Freedom of Information
request.
 
Yours sincerely
 
DWP Central Freedom of Information Team
 
 
 
 

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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 'Work Availability Reports'.

Your reply details the statutory framework but does not answer my question about when a claim would be suspended automatically, when the policy of automatic suspension began and what authority such automatic suspensions are conducted under. The power in the Claims and Payments Regulations is discretionary however it appears to be automatic; that is new.

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

Yours faithfully,

Dan Manville

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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Dan Manville left an annotation ()

I'd just ike to add that it has been confirmed to me once again that ESA automtically suspends when there is action on a PIP claim; that process is much younger than the Decisions and Appeals regulations and, I believe, is ultra vires your statutory powers at regulation 16 SS(D&A) Regs 1999.

Operations FOI Requests, Department for Work and Pensions

1 Attachment

 
 
 
Please find attached our response to your recent Freedom of Information
review request.
 
Yours sincerely
 
DWP Central Freedom of Information Team
 
 
 
 

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