A very interesting FOI response from DWP has arrived today. The FOI request is here https://www.whatdotheyknow.com/request/261733/response/654968/attach/3/FOI%201416.pdf
But what interest us is the first statement of the FOI request and the response.
The first statement is as follows:
‘I have become aware that a number of people allocated to the ESA Support Group (“SG”) have been told in writing that they must attend a JCP office and bring passport and bank details with them. I further understand that they have been told that if they do not comply they are putting their benefits at risk. It seems that only those that were able to call the JCP were then told that the required information could be supplied by post. Please provide the following information: Q1. Which organisation(s) within the DWP are authorised to demand such information as described above from ESA claimants in the SG? It is my understanding that administrative checks of this nature fall within the scope of performance management officers. The only other organisation I can think of that might reasonably need such information is the fraud and error service.’
This is one example of the kind of form sent to ESA claimants in the Support Group (click on the picture to see it better):
DWP response is very clear: ‘In respect of your first statement the department issued in error some letters using an incorrect template, this was around November and December 2014. Once this error was realised the letters were withdrawn and the customers affected were contacted with an apology letter. Unfortunately we do not know the number of incorrect letters issued and the incorrect letters were destroyed’.
What does that mean? It does not mean that DWP cannot check your personal details to see whether you are claiming the right amount of benefits. It is perfectly legitimate for it to do so. However, the DWP has two dedicated teams whose job is to deal with this aspect of benefits.
The first is the Fraud and Error Team and its reasons for checking are self-explanatory. The Second is the Performance Management Team where random checks are carried out by Performance Management Officers (“PMO”) as part of a DWP quality assurance process.
2 FOIs requests are attached below, to explain what the performance management process is about and what are your rights if you are contacted by a member of the performance management team. It is important to remember that you don’t have to let a PMO into your home or talk to them if they simply turn up without an appointment. You can arrange for the meeting to take place at a DWP office or perhaps somewhere else where you feel comfortable. If you feel unable to cope with an interview you can suggest that you provide the requested information by post as it would be a reasonable adjustment under the Equality Act given your circumstances.
Given that the DWP has dedicated teams that look at benefit claims from the perspective of quality assurance, error and fraud it seems strange that a local JCP office would duplicate these activities. The confirmation by the DWP that the incorrect letters were issued suggests that JCP offices should not be issuing letters of the type shown above. So, what could you do if you receive a letter like the one shown above from a JCP office and don’t feel able or want to attend?
Don’t ignore the letter. Write back to the JCP office (make sure you keep a copy of your letter and get free proof of postage at the post office) to explain that you won’t be attending the interview for the following reasons:
- You are in the ESA Support Group and therefore not subject to conditionality such as work-focused interviews.
- Given that the DWP has dedicated teams that deal with quality assurance, error and fraud you have reasonably concluded that the real purpose of the letter is to scare you into attending a work-focus interview and that is harassment (under the Protection from Harassment Act 1997) and that the DWP must immediately cease and desist from any further acts of harassment.
- The DWP is seeking to obtain personal data without explaining why it wants it, what it intends to do with it and on what legal basis you are ‘required’ to provide it. This is a breach of the Data Protection Act 1998.
- State that you will always provide any information that is a statutory requirement in respect of your benefit claim but the DWP must seek to obtain it lawfully and by people whose job it is to collect and verify it.
To summarise, as ESA claimants in the Support Group, you are not subject to any conditionality. If you are asked to attend a Work Related Interview, or a Group Session, as an ESA claimant in the Support Group, you can refuse as these are voluntary, and ask not to be contacted again if this causes you any distress.
If you are unsure about your rights, seek advice. Never ignore a DWP letter, but don’t assume that DWP or a JCP Offfice always know what it is doing.
The 2 FOIs requests which explain what are your rights regarding DWP Performance Management Assurance Quality:
https://www.whatdotheyknow.com/request/221774/response/550420/attach/html/3/FOI%202014%203366%20WDTK%20Response.pdf.html
https://www.whatdotheyknow.com/request/218158/response/542569/attach/html/3/FOI%202014%202776%20Response.pdf.html
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Hi , can anybody help, I have just received an Awful letter from DWP Jobcentre ( Fraud and Error ) saying they want to interview me under caution, with regards to my ESA and Occupational pension , I am out of my mind with worry , I have never done anything wrong , I was medically retired 16 years ago , I had no choice in the decision ,
Thank you
now that reply from them doesn’t make sense Once this error was realised the letters were withdrawn and the customers affected were contacted with an apology letter. Unfortunately we do not know the number of incorrect letters issued and the incorrect letters were destroyed’. If the letters were withdrawn and apology letters were sent, then they must be able to find out how many false letters were sent, as they’ve already done it once to send the apologies
Yes, a bit late telling me now, I had such a phone call not a letter, the chap came to my home, but when I made enquiries to the DWP, they told me they can’t find anyone with that name, so I demanded them to make internal enquiries, as one of there jokers is running around in his car with my peronal information. I am sure this breaks every data protection law in the book. DWP have still not found who he is, but yet he had all their credentials.
I think the last paragraph is one we should all consider when dealing with DWP. Never be afraid to challenge any thing you think is unfair and keep your MP informed
Recently i discovered something called a “supercession” and sought the advice of CAB. I was met with such negativity and they created such fear that my benefit could be stopped altogether that i was almost convinced not to bother. However i decided to go it alone . I won .
We all make mistakes and that includes the DWP. Don’t let them get away with it. We are fighting for our lives for the next 5 yrs. Give them Hell !!!
H