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Advice needed please re ESA Appeal process

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11 years 2 weeks ago #109544 by Gordon
Replied by Gordon on topic Advice needed please re ESA Appeal process

del wrote: I want to obtain all documents relating to me and my Jobcentre Plus Adviser appointments. Would I send the SAR to my benefits office, Jobcentre or both?

I am not sure about this because I do not know if both hold separate information re Adviser appointment outcomes.


It would be the JC+ office, they are responsible for the on-going management of your claim, the DWP office (BDC) is responsible for eligibility, entitlement and assessment.

Gordon

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11 years 2 weeks ago - 11 years 2 weeks ago #109548 by del

Gordon wrote:

del wrote: I want to obtain all documents relating to me and my Jobcentre Plus Adviser appointments. Would I send the SAR to my benefits office, Jobcentre or both?

I am not sure about this because I do not know if both hold separate information re Adviser appointment outcomes.


It would be the JC+ office, they are responsible for the on-going management of your claim, the DWP office (BDC) is responsible for eligibility, entitlement and assessment.

Gordon


Thanks Gordon, it will be very interesting to view what is held on file and what they iintentions they have re work related activity.
Last edit: 11 years 2 weeks ago by Gordon.

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11 years 1 week ago - 11 years 1 week ago #109623 by del
Are there details anywhere that list which documents or information can be withheld by DWP from a Subject Access Request that is made? Also, do they have to give reasons for not sending all relevant information as requested in SAR, eg some pages incomplete or information missing?
Last edit: 11 years 1 week ago by Gordon.

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11 years 1 week ago - 11 years 1 week ago #109624 by del

Gordon wrote:

del wrote: I want to obtain all documents relating to me and my Jobcentre Plus Adviser appointments. Would I send the SAR to my benefits office, Jobcentre or both?

I am not sure about this because I do not know if both hold separate information re Adviser appointment outcomes.


It would be the JC+ office, they are responsible for the on-going management of your claim, the DWP office (BDC) is responsible for eligibility, entitlement and assessment.

Gordon


Oh, I am confused again :blush: All my ESA paperwork and general dealings are dealt with at a Jobcentre Office that is in a completely different area to where I attend the Jobcentre Office for Adviser interviews. Would it be the main general Jobcentre or the Jobcentre where my adviser is based that I send SAR to?
Last edit: 11 years 1 week ago by Gordon.

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11 years 1 week ago #109626 by Gordon
Replied by Gordon on topic Advice needed please re ESA Appeal process

del wrote: Are there details anywhere that list which documents or information can be withheld by DWP from a Subject Access Request that is made? Also, do they have to give reasons for not sending all relevant information as requested in SAR, eg some pages incomplete or information missing?


Obviously information that has been destroyed.

Information that is reasonably believed to not have been requested.

Information that they reasonably believe that they have already supplied.

Information for which the cost of production would be prohibitive.

Confidential information, that is information that has been marked not for distribution, or where the author permission is required and it has not been given.

Harmful information, information that it is deemed would cause the claimant mental or physical harm if they were to be aware of it. It usually requires a doctors permission to be revealed.

There may be others

There should be no reason for incomplete documents e.g. pages missing, subject to the above.

It is perfectly possible for pages to be incomplete, the DWP, despite being a Civil Service body who of course love paperwork, do not always complete it.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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11 years 1 week ago - 11 years 1 week ago #109627 by Gordon
Replied by Gordon on topic Advice needed please re ESA Appeal process

del wrote: Oh, I am confused again :blush: All my ESA paperwork and general dealings are dealt with at a Jobcentre Office that is in a completely different area to where I attend the Jobcentre Office for Adviser interviews. Would it be the main general Jobcentre or the Jobcentre where my adviser is based that I send SAR to?


It does not help that they both use headed paper marked JobCentrePlus :)

The easiest way to separate them is to think of the DWP as the people who deal with your claim and the JC+ as the people who you speak to about WFIs and Work Related Activity.

JC+ offices are located in most towns, DWP offices service a geographical area and often have a mail drop that is in an entirely different, so my JC+ office is in the next town, but my DWP office is in a town about 40 miles away but I actually contact them through Birmingham which is even further away in the opposite direction.

So your advisor is in a JC+ office, likely in your town or nearby.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 1 week ago by Gordon.

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