Department for Work and Pensions

The complainant requested information about Universal Credit payments received by landlords. The Department for Work and Pensions provided some information, but withheld the remainder – relying on section 40(2) of the FOIA to do so. The Commissioner’s decision is that the DWP does not in fact hold the information within the scope of element [1] of the request and was therefore not obliged to provide it. In relation to element [4], the DWP was entitled to rely on section 40(2) of the FOIA in the manner that it did. However, the Commissioner also finds that the DWP failed to comply with its section 16 duty to provide reasonable advice and assistance. The DWP also failed to respond to elements [3] and [4] within 20 working days and therefore breached section 10 of the FOIA. For reasons that will be explained, the Commissioner does not require further steps in respect of this particular complaint. However, she has made some general comments under “Other Matters” that the DWP would be advised to have regard to.