- Posts: 9439
- Forum
- Members forums
- ESA, PIP and DLA Queries and Results
- Requesting information under data protection act
× Members
Requesting information under data protection act
- noel
- Topic Author
12 years 3 months ago - 12 years 3 months ago #94265 by noel
Requesting information under data protection act was created 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.
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: 12 years 3 months ago by slugsta.
Please Log in or Create an account to join the conversation.
- slugsta
- Offline
Less More
12 years 3 months ago #94268 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic Re:Requesting information under data protection act
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.
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.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51287
12 years 3 months ago #94270 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Requesting information under data protection act
Mrs Hurtyback wrote: 
Gordon
It's calendar daysI 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.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- slugsta
- Offline
Less More
- Posts: 9439
12 years 3 months ago #94272 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic Re:Requesting information under data protection act
Gordon wrote:
Thanks Gordon, I continue to learn 'on the job'
Mrs Hurtyback wrote:
It's calendar daysI 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.
Gordon
Thanks Gordon, I continue to learn 'on the job'

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
- Offline
Less More
- Posts: 2076
12 years 3 months ago #94279 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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
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
Please Log in or Create an account to join the conversation.
- noel
- Topic Author
12 years 3 months ago #94350 by noel
Replied by noel on topic Re:Requesting information under data protection act
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.
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David