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Can DWP do SAR for medical records?

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3 years 7 months ago #263258 by Faith
Hi,

Is the DWP able to do SARs (Subject Access Requests) to obtain medical records?

Any info greatly appreciated!

Many thanks

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3 years 7 months ago #263284 by LL26
Replied by LL26 on topic Can DWP do SAR for medical records?
Hi Faith,
I guess DWP could do this, but unless there is some sort of fraud going on, I can't see why they would.
Normally when you fill out a PIP form or similar benefit form there is a box you sign to give DWP the right to contact your GP. If you don't sign, I suspect you don't get benefit. Mostly DWP don't contact a GP. (They always used to as a matter of routine, but don't now, possibly because the GPs charge.) DWP have no real need to go rabbiting through medical notes. If you don't supply them, you don't prove your case, and DWP won't care, they will just decide no benefit.
This is why I can't see DWP wanting medical records except in a fraud/overpayment scenario when they want to prove you are not disabled but still claiming benefit.
If DWP did want the records and you had not consented, then they would have to show a proper justification for requiring the medical records.
I hope this helps.
If you have an actual scenario and provide more information someone here might be able to give more specific advice.
LL26

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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3 years 7 months ago #263303 by ANGELA
Replied by ANGELA on topic Can DWP do SAR for medical records?
Hi Faith. There’s an NHS Portal where you can access them for yourself. No-one else outside of the NHS should be able to access.
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