DWP Insist We Are Partners!

agrinnall

The correct term is Subject Access Request, you can read about it here http://www.ico.gov.uk/for_the_public/personal_information/how_manage/access_info.aspx

I'm not sure that the DWP would actually have to comply, the rules about exemptions are not very clear, but you could write anyway, the maximum they can charge for the information is £10.

Gab665544

Thanks for the link.

I find it strange that they now think we are partners, but in 2009, when she last claimed, we were considered not.

epitome

It shouldn't need to be too complicated, just write to them saying something like .....

I request under the Data Protection Act a copy of all the information you hold on me including but not limited to the records which you have which say, suggest or imply that I have a partner as described in the letter from yourselves dated xx/xx/xx (copy enclosed), Start and finish dates of all previous claims to benefits and amounts paid to me, copies of all notes relating to these claims or myself and relating to all contacts by me to yourselves or yourselves to me whether or not such attempted contacts were successful. Copies of all previous claim statements including a photocopy of the most recent clerical claim form for ESA submitted on or around XX/XX/XXXX and a copy of that claim as it exists in electronic form having been entered onto your computers by one of your employees.

I think that ought to do it... unless anyone else wishes to add to it...?


As long as you say you request info under the data protection act they can be in no doubt as to what you mean and also subsequently that they have to comply with your request.

The DWP has to comply and they don't charge a fee for it. They are allowed to withold certain informations relating to protection of their staff or something like that.

epitome

Gab665544 wrote: »

They wouldn't take her claim by telephone as she had an open case, apparently, from 2009. Therefore they sent her a form to fill in instead in which she had to return to JCP with her medical certificate.

Did she put on that form that she had you as a partner?

http://www.dwp.gov.uk/freedom-of-information/#how-do-i

http://www.dwp.gov.uk/privacy-policy/data-protection/

http://www.dwp.gov.uk/docs/request-for-personal-information.rtf

Gab665544

epitome wrote: »

It shouldn't need to be too complicated, just write to them saying something like .....

I request under the Data Protection Act a copy of all the information you hold on me including but not limited to the records which you have which say, suggest or imply that I have a partner as described in the letter from yourselves dated xx/xx/xx (copy enclosed), Start and finish dates of all previous claims to benefits and amounts paid to me, copies of all notes relating to these claims or myself and relating to all contacts by me to yourselves or yourselves to me whether or not such attempted contacts were successful. Copies of all previous claim statements including a photocopy of the most recent clerical claim form for ESA submitted on or around XX/XX/XXXX and a copy of that claim as it exists in electronic form having been entered onto your computers by one of your employees.

I think that ought to do it... unless anyone else wishes to add to it...?


As long as you say you request info under the data protection act they can be in no doubt as to what you mean and also subsequently that they have to comply with your request.

The DWP has to comply and they don't charge a fee for it. They are allowed to withold certain informations relating to protection of their staff or something like that.

Thanks. Your letter seems like a good start to me

No, she didn't put me as a partner. Looking at the form they have returned, she has put me on the form under 'About Other People Who Live With You'.

She has clearly stated I am a joint tenant.

epitome

You have a joint tennancy agreement, you are both named on the same tennancy agreement?

Then she should phone them again and say that you are not partners that she has said she does not have a partner and that you are only living together but not as a couple.

They still will want to know all about you, but should not be referring to you as a partner but as a person she lives with. If she does not give information about you they may close the claim, I don't know what should happen if she was to say to them "The person living with me who is not my partner refuses to pass on their private information to me to give to you."

Gab665544

Yes, we have a joint tennancy agreement. Our landlord recognises this, our local council recognise this and she has just been awarded Council Tax Benefit and Housing Benefit as a joint tenant.

They know all this from when she last claimed and were happy then.

She has put me on the form and included all they asked about me including income etc.

Of course, they may think she has another partner as they have not directly indicated that it is me, but i'm not sure who else they could be talking about. The only other person to live with us within the last 10 years is an ex girlfriend of mine and she's never even as much as had a partner stay here.

hippy-chicy

If the DWP have doubts over your relationship, they should be conducting a living together interview / compliance.

They should not be forcing your flat mate to complete a form declaring you as a partner when your not. Your flat mate needs to write to Income Support / Phone and speak to a supervisor.

Seems very strange - have you been partners in the past that the DWP are aware of. If you suspect that someone has told them false information about you/ made a fraud referral I'm pretty sure that if you were to do a freedom of information request this information would not be divulged.

epitome

Then I would write back (recorded delivery and check online that it was delivered) and ask who the partner is that they are referring to, thier name etc and state she has no partner.

AFAIK in order to get paid ESA from the date of claim she must supply them with all releveant information within one month of date of claim, otherwise the ESA will not start until she does supply the information, so you need to get on top of this.

Of course info about a non existant partner is not relevant information, but they will still not pay her until you convince them of this. And if it causes a delay of more than a month you will have to appeal for the missing payments going back to date of claim.

Gab665544

I think a covering letter with a return of the form sounds like the best advice to give her.

I'm not aware of the DWP thinking we have ever been partners.

I can only ask about a freedom of information request and see what it brings.