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Home >  About us >  Access to information and publications  >  Disclosures under the Freedom of Information Act 2000  >  2007 Freedom of Information requests  > Asset freezing

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Asset freezing

22 June 2007

Text of request:

Request for -

• the names of those persons listed by the UN who have their spouses' benefits suspended and then reinstated
• when the suspensions came into force, when they were lifted and for what reason or reasons they were lifted
• what benefits the spouses are currently in receipt of and how much they are worth
• the names of those four listed individuals who have had their benefits suspended
• the reason they are appealing
• what benefits they are currently in receipt of and how much they are worth.

Text for disclosure:

The Treasury's current benefits licensing regime was outlined by the Economic Secretary in a written ministerial statement of 3 July 2006 (Parliament website).

In regard to the first request, the Treasury has applied the exemption in s40 to the names of individuals whose spouses' benefits have been suspended and then reinstated. This is because this information is personal data and to disclose this information would be a breach of the first data protection principle, in that disclosure would be unfair and/or unlawful. Of the four spouses concerned, two had their benefits suspended in May 2006, the other two in June 2006.

In regard to the second request, all suspensions were lifted on 14 July 2006 in accordance with the statement by the Economic Secretary to the Treasury of 3 July 2006. The suspensions were lifted as the Treasury licensed payments in accordance with that statement.

In regard to the third request, the spouses are currently in receipt of Housing Benefit, Council Tax Benefit, Income Support, Child Benefit, Child Tax Credit, Disability Living Allowance and/or Carer's Allowance. The value of the benefits depends on individual circumstances, and HM Treasury is unable to disclose the amounts on a case-by-base basis as this would contravene Section 40 of the Freedom of Information Act for the reasons given above.

In April 2007 (the most recent month for which the Treasury has records), the total paid in respect of these benefits for which HM Treasury has information was some £5,400. The current non-cash value of Housing Benefits and Council Tax benefits is not held.

In regard to the fourth request, for the reasons explained above, HM Treasury is unable to name the four individuals who were themselves listed and had their benefits suspended.

The fifth request was unclear to Treasury. The lawfulness of the Treasury's approach was confirmed by the High Court in the case of M & Others v HM Treasury and Others (Neutral Citation Number: [2006] EWHC 2328 (Admin)) and on appeal to the Court of Appeal (Neutral Citation Number: [2007] EWCA Civ 173). The applicants are currently seeking leave to bring the case before the Judicial Committee of the House of Lords.

In regard to the sixth request, two of the individuals are now receiving Income Support and Child Benefit under licence, but details of current values of payment are not held by HM Treasury.

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