"Dear Gerard,

I have now had a response from the DWP, that I have attached to this email.

It sets out that the Targeted Case Review (TCR) was an initiative from May 2022 in the former Government’s publication, Fighting Fraud in the Welfare System and cases are chosen at random to review. Looking into current government practice, the DWP announced in September that they would be introducing a new Fraud, Error and Debt Bill to address this ongoing issue, but also to ensure powers are used appropriately, proportionality and with the right safeguards.

These safeguardings will include staff training, new oversight and reporting mechanisms and a Code of Practice that will be consulted on. They have also confirmed that the DWP will not have access to people’s bank accounts and will not share their personal information with third parties.

We are currently waiting for further information on this bill, and its introduction to parliament.

The response from the DWP does confirm the team that caries the current reviews out are separate from the jobcentre and your claim itself, which I hope provides you with some reassurances.

Kind regards,

Darren"

"Dear Mr Paffey,

Thank you for your email of 21 January to Jodie Wilson, DWHI Service Leader
about Mr Hales and his Universal Credit (UC). As a Complaints Resolution
Manager, I have been asked to reply. Please accept my apologies for the delay
in doing so.
You told us Mr Hales recently had a telephone appointment which felt was like
an interrogation. You said this appointment and the questions asked about his
finances has significantly impacted his relationship with the jobcentre and Mr
Hales’ ability to complete necessary tasks such as updating UC on his
worsening health conditions. You asked us to review Mr Hales’ complaint and to
explore possible mediation between Mr Hales and the individual concerned.
I was concerned to read of the issues raised by Mr Hales and reviewed his UC.
It may be helpful to explain Targeted Case Review (TCR) was an initiative
announced in May 2022 in the former Government’s publication, Fighting Fraud
in the Welfare System and is delivered by the UC Claim Review team (UCR) in
operations.
The aim is to review entitlements and circumstances of UC claims that are at
risk of being incorrect and help prevent people from falling into debt. As part of
a claim review, evidence is requested to detect any unreported changes in
circumstances and correct claims. This can include over and underpayments.
Cases are chosen at random and the UCR team was established to support the
reduction in fraud and error in UC. By reviewing claims, UCR agents ensure the
claimant is getting the right amount of UC, correcting the claim or working to
ensure claims are accurate. Therefore, it is vitally important claimants supply
information when the UCR team ask for it.
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In terms of the lawfulness of UCR, we confirm that Part 3 of The Universal
Credit, Personal Independence Payment, Jobseeker’s Allowance and
Employment and Support Allowance (Claims and Payments) Regulations 2013
(legislation.gov.uk) (Reg 38(2)), allows the Secretary of State, to ask for
information or evidence in relation to an ongoing award of benefit. These are
the statutory powers which allow claim reviews to be carried out.
These powers require claimants to supply information or evidence in connection
with the claim, or any question arising out of it, as the Secretary of State
considers appropriate. Agents act on behalf of the Secretary of State when
requesting evidence in relation to claims for existing UC.
UC is a means tested benefit and, as such, a claimant’s income, savings and
other capital (means) are reviewed to ensure eligibility remains. As part of a
claim review, a claimant is asked to provide evidence, including bank
statements and ID to confirm their identity and other aspects of their claim,
including earnings, other incomes, savings, or housing costs. Collecting this
information helps build up an accurate picture of a claimant’s circumstances
which allows the DWP to ensure they are receiving the right UC payment and
support.
During a claim review call, the agent needs to gather relevant information to
establish circumstances are correct. This can include asking questions about
payments and transactions from individuals or organisations that may relate to
undeclared income which could impact the level of UC a claimant receives.
Similarly, certain undeclared outgoings could also be identified meaning that a
claimant may be entitled to more UC or may be eligible for another form of
support from the social security system.
Mr Hales’ review was carried out by the UCR team and having listened to the
call and reviewed the journal messages between him and the agent I consider
the agent asked the appropriate questions required by the guidance to conduct
the review. I do not uphold Mr Hales’ complaint.
As Mr Hales is in the no work related requirements group, he does not have a
designated work coach in the jobcentre and has very limited contact with the
jobcentre. I am sorry if Mr Hales was not aware the agent he was dealing with
was independent from the jobcentre.
The review on Mr Hales’ UC was completed on 17 December 2024 and we
advised him of this on his journal. I can confirm Mr Hales updated his health
conditions on 16 December 2024.
Thank you for the opportunity to explain the position of Mr Hales’s case. We
hope we have addressed his concerns. Should you wish to discuss the content
of this letter please email us at correspondence@dwp.gov.uk and we will call
you back.
Mr Hales has now reached the end of the DWP complaints process. If Mr Hales
is not happy with our final response, he can complain to the Independent Case
Examiner (ICE). Mr Hales will need to do this within six months of the date of
this letter. If he decides to approach the ICE, he must provide a copy of this
letter. Please note, the ICE can only consider complaints about
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maladministration or service failures, examples of which are: failure to follow
proper procedures, excessive delays, poor customer service.
The ICE cannot consider complaints about matters of law (such as benefit
entitlement decisions which may need to be pursued after mandatory
reconsideration through the Tribunal service using the appeals process), or
complaints that are, or have been, subject to legal proceedings. The ICE can
also not consider complaints about how DWP fulfils its responsibilities as an
employer, or complaints that involve the Parliamentary and Health Service
Ombudsman or the Northern Ireland Ombudsman.
Mr Hales can contact the ICE by email at ice@dwp.gov.uk which is their
preferred contact. He can also contact them by telephone on 0800 414 8529 or
in writing at PO Box 209, Bootle, L20 7WA.
Yours sincerely,
M Reilly
Marie Reilly
DWP Complaints Team
More information
If Mr Hales would like more information about
• Personal Independence Payment he can call 0800 121 4433 (textphone:
0800 121 4493)
• Universal Credit he can write in their journal or call 0800 328 5644
(textphone: 0800 328 1344). To speak to someone in Welsh, call 0800 328
1744.
We have many different ways we can communicate with you
If Mr Hales would like Braille, British Sign Language, a hearing loop,
translations, large print, audio or something else please tell us.
Treating people fairly
We are committed to the Equality Act 2010 and treating people fairly. To find
out more about this law, search ‘Equality’ on www.gov.uk.
Call charges
Calls to 0800 numbers are free from personal mobiles and landlines.
If you call landline numbers, they cost no more than a standard geographic call,
and usually count towards any free or inclusive minutes in your landline or
mobile phone contract.
Why DWP needs personal information and how we treat it
We treat personal information carefully. We may use it for any of our purposes.
To learn more about information rights and how we use information, please see
our DWP Personal Information Charter at
Personal information charter - Department for Work and Pensions - GOV.UK"