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Requesting information under data protection act

  • noel
  • Topic Author
11 years 5 months ago - 11 years 5 months ago #94265 by noel
Hi, I was wondering , when you write in and ask for all the information and forms that DWP desicion maker made to make your reward for ESA, is it 40 working days that they have to send them to you or are weeekends counted too.
Also if you do not recieve anything once the 40 days is up , what can you do next to get copies of the documents they used to make the desicion, as I am appealing to be put into support group from the WRAG that they have placed me in.
I used your sample letter to use when you want to ask for information under the data protection act, the DWP recieved this on 26/09/12.
It would be useful to me to see the documents they used to help me with my appeal.
Thank you very much for any advise you could give me.
Last edit: 11 years 5 months ago by slugsta.

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11 years 5 months ago #94268 by slugsta
One of our members started a thread because they did not receive the paperwork after submitting a 'subject access request'. You might find some of the thread helpful

www.benefitsandwork.co.uk/forum?func=view&catid=10&id=91403

I think it is 40 working days that you have to wait. If you do not get a reply in this time you should complain to the data commissioner.

Meanwhile, you should not dealy getting your appeal submitted, you will have plenty of time to get further details as appeals are currently taking up to 12 months to be heard in some areas.

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11 years 5 months ago #94270 by Gordon
Mrs Hurtyback wrote:

I think it is 40 working days that you have to wait. If you do not get a reply in this time you should complain to the data commissioner.

It's calendar days :)

Gordon

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11 years 5 months ago #94272 by slugsta
Gordon wrote:

Mrs Hurtyback wrote:

I think it is 40 working days that you have to wait. If you do not get a reply in this time you should complain to the data commissioner.

It's calendar days :)

Gordon


Thanks Gordon, I continue to learn 'on the job' :)

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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11 years 5 months ago #94279 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:Requesting information under data protection act
As we all do, no matter what experience we have, or how long we've been moderators.

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • noel
  • Topic Author
11 years 5 months ago #94350 by noel
Thank you, I have already started the appeal and I have recieved the confirmation letter. I am on ESA CB, so I only can recieve it for a year and I cannot claim ESA IB as my partner works full time. I did telephone DWP yesterday after my posting and the man said he was getting someone to call me today, before two ! But nothing, so how would you advise me to get in touch with Data Commisioner, as I dont know what they do or how I should contact them.

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