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How to find out why you are selected for investigation (UC payments)

EKS_COTTON
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Tax and Welfare Rights Officer, Equity

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Total Posts: 291

Joined: 10 March 2014

Hi all,

I understand that the DWP have wide powers to investigate claimants but does anyone know how the claimant could find out why they have been looked at individually?  Would this information be found in an Subject Access Request or is it kept confidential from the claimant, and if so, anyone know what law/s allow for that?

Thanks in advance as always

EKS

Va1der
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Welfare Rights Officer with SWAMP Glasgow

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Total Posts: 706

Joined: 7 May 2019

There are powers under the DPA/UKGDPR DWP might be able to rely on to withhold that information. If the investigation has already concluded they might be less able to do so. Either way they should respond to a SAR and give grounds for their refusal to respond or to provide all info requested.

See f.ex:
https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/individual-rights/right-of-access/what-other-exemptions-are-there/

and Sch 2. part 2 of the DPA: https://www.legislation.gov.uk/ukpga/2018/12/contents