10. Disclosure of information
The claimant may apply for access to all DWP records. In certain circumstances this information may be provided to an Appointee appointed by the Secretary of State or an attorney under Power of Attorney.
A solicitor representing the claimant can have copies of documents relating to DWP records following an incident/condition for which compensation has been claimed providing a written letter of authority from the claimant is produced.
A request for access to DWP records by a defendant or their representative (following a claim to compensation) will be denied unless a court order which identifies specifically the document required is produced. However, the Social Security (Recovery of Benefit) Act 1997 allows the defendant to have 'particulars' of benefits shown on a Certificate. This may mean a full explanation of the benefit award but not necessarily copies of the documents concerned. If a claim has been settled or ongoing, written authority from the claimant must be obtained before consideration is given to the release of copy documents.
If a claimant contacts the Department directly (and not through a solicitor) then the full DWP records may be released. If there is agreement for the defendant to see these records, it is the responsibility of the claimant to forward the documents.
Where compensation is sought for professional negligence and the particulars of a claim are such that the Social Security (Recovery of Benefits) Act 1997 does not apply, benefit information will not be supplied to the Defendant as "offsetting" is not appropriate under the 1997 Act.
