Department for Work and Pensions

The complainant has requested information from the Department for Work and Pensions (DWP) for the numbers of compensation payments made in each of the last two five-year periods which relate to the death of a benefit claimant for alleged or agreed failings. DWP initially refused the entire request under section 40(5B), however, during the Commissioner’s investigation it revised its position and relied instead on section 12(2) of FOIA (cost of compliance) to refuse the request. The Commissioner’s decision is that DWP was entitled to rely on section 12(2) of FOIA to refuse the request. The Commissioner also finds that the public authority complied with its section 16 obligation to offer advice and assistance.