Department for Work and Pensions

The complainant has requested information on the increase in the base rate for Universal Credit and the decision not to raise particular legacy benefits in line with this increase. The Commissioner’s decision is that although the exemptions at FOIA section 35(1)(a) Formulation of government policy and section 42(1) Legal professional privilege are engaged, the public interest favours disclosing the requested information. The Commissioner also finds that DWP breached FOIA section 10(1) by not providing its response within 20 working days. The Commissioner requires the public authority to disclose the information requested at the third point of the complainant’s request. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court. First-tier Tribunal (General Regulatory Chamber) Information Rights appeal EA/2021/0370 Consent Order.