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Implicit consent (again)
I share this so advisers are aware of what may be a current issue with implicit consent.
I contacted the contact centre (Makerfield) to confirm the rate of ESA in payment to my client and the period represented by an arrears payment.
Having passed the impicit consent questions I was advised that under implicit consent only limited information could be given under DWP guidance. I was then advised that a breakdown of the entitlement and arrrears could not be given.
I then spoke to the supervisior who siad the same. I suggested this was contrary to the published guidance .Supervisior agreed to call me back and quote the quidance. to be fair I was called back within 30 mins. I drew attention to ‘Information that can be disclosed’ on page 9 of the current guidance “Working with representatives - guidance for DWP staff”.
Supervisor then agreed to disclose the information requested.
It appears that the contact centre IT system has something called the ‘implict consent wheel’ (this has been referred to by contact centre staff before) which apparently generates the implicit consent questions and staff training / understanding is that details like breakdown of an award etc cannot be disclosed under implicit consent. The supervisor was unable to identify any internal guidance that stated this appart from the ‘wheel’.
The irony of this example?
I was trying to confirm the calculation of the ESA entitlement quoted in a letter to my clients MP (David Cameron) from the Minister for Disabled People.
I will be requesting my clients MP to raise the issue of implicit consent and DWP guidance / practice!