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Forum Home  →  Discussion  →  Disability benefits  →  Thread

Delegation and contracting out of the PIP assessment

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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Joined: 15 October 2012

Someone today suggested that the Data Protection Act might prevent DWP handing over data to the assessors.

I thought “nonsense, it’s a delegated function” and went hunting for the legislation to prove it.

However I can’t find it. It’s there for ESA (S16 WRA 2007) and UC (S29 WRA 2012) but I can’t see provision to delegate or contract out functions for PIP.

Does anyone know where it’s hidden?

Cheers

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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Joined: 16 June 2010

Dan

You wouldn’t look at the contacting out provisions.  They’re aimed more at work programme providers and the like. For PIP you want s80(4)(c) of the Welfare Reform Act 2012 and Reg’ 9 of the PIP Regs.  The similar parent provision for ESA would be s8 of the 2007 Act and the corresponding provision in the ESA Regs.