DWP sets 80% benefit appeal rejection target

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DWP sets 80% benefit appeal rejection target

Post by Absolut on Tue May 16, 2017 1:52 pm

http://www.politics.co.uk/news/2017/05/16/dwp-sets-80-benefit-appeal-rejection-target

The Department for Work and Pensions (DWP) has set staff a target of upholding 80% of the benefit decisions that they are asked to reassess, it has been revealed.

In response to a Freedom of Information request, the department stated that a key measure used to monitor the performance of Mandatory Reconsiderations (the first step in the benefits appeals process) is that 80% of the original decisions are to be upheld.
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Re: DWP sets 80% benefit appeal rejection target

Post by Mary_FV on Tue May 16, 2017 5:54 pm

More detail here:

http://ilegal.org.uk/thread/7140/dwps-esa-reassessment-programme-chaos?page=20&scrollTo=23375

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Re: DWP sets 80% benefit appeal rejection target

Post by Caker on Tue May 16, 2017 6:15 pm

The process stacks the odds against the most needy. Only the most determined and able can then access justice Evil or Very Mad
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Re: DWP sets 80% benefit appeal rejection target

Post by Admin on Wed May 17, 2017 10:27 pm

https://mrfrankzola.wordpress.com/2017/05/17/plp-letter-to-work-and-pensions-sos-about-dwps-80-target-to-deny-benefitsanctions-appeals-mandatory-reconsiderations/

The Public law project has sent a letter of concern to the Secretary of State for Work and Pensions, requesting clarification on the DWP’s internal Mandatory reconsideration (MR) process, that has an 80% performance “target” to uphold it’s own decisions, including benefit sanctions. wrote:
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Re: DWP sets 80% benefit appeal rejection target

Post by Mary_FV on Sat May 20, 2017 11:53 pm

PIP investigation: Welfare expert says two-thirds of appeals involve lying assessors.



Last edited by Mary_FV on Sun May 21, 2017 5:14 pm; edited 1 time in total
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Re: DWP sets 80% benefit appeal rejection target

Post by Absolut on Sun May 21, 2017 7:06 am

If I got an "inaccurate" HCP report I'd make sure that this happened:

The fourth data protection principle requires personal data to be accurate (see Keeping personal data accurate and up to date). Where it is inaccurate, the individual concerned has a right to apply to the court for an order to rectify, block, erase or destroy the inaccurate information.

The Data Protection Act does not define the word “accurate”, but it does say that personal data is inaccurate if it is incorrect or misleading as to any matter of fact.

It may be impractical to check the accuracy of personal data someone else provides. In recognition of this, the Act says that even if you are holding inaccurate personal data, you will not be considered to have breached the fourth data protection principle as long as:
if the individual has challenged the accuracy of the information, this is clear to those accessing it.

It is often clear to those accessing the data (the DWP) that the claimant is challenging the accuracy of the information via a MR or Tribunal but I haven't come across anyone reporting that the "inaccurate" HCP report was subsequently destroyed or amended. In my own personal case I would make sure that the HCP concerned was made to amend or destroy their report just to rub their noses in it. Just because a company is contracted by the DWP to do assessments it doesn't mean they can breach the DPA with impunity.

Ellis said that he has been to many assessments in which the subsequent reports bore no relation to what the assessors were told by the claimant.

Then they have the right for that report to be rectified, blocked, erased or destroyed Wink

What are “reasonable steps”?
This will depend on the circumstances and, in particular, the nature of the personal data and what it will be used for. The more important it is that the personal data is accurate, the greater the effort you should put into ensuring its accuracy. So if you will be using the data in making decisions that may significantly affect the individual concerned or others, you will need to put more effort into ensuring accuracy.
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Re: DWP sets 80% benefit appeal rejection target

Post by Mary_FV on Sun May 21, 2017 9:36 am



Last edited by Mary_FV on Sun May 21, 2017 10:00 am; edited 1 time in total (Reason for editing : Typo)
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Re: DWP sets 80% benefit appeal rejection target

Post by Absolut on Sun May 21, 2017 10:45 am

I am sure that a lot of tribunals are based on an incorrect interpretation of the law or lack of medical evidence but that isn't the same as a HCP outright lying on a WCA report and breaching principle 4 of the DPA Smile

If the ICO was inundated with complaints about HCP reports under the DPA it just might get HCPs to stop effing about with people's lives. One test case to the ICO is all that is needed.
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