DWP and its new sweeping powers - petition

Commanded2bwell

I'm posting this as a separate thread, despite replying with this text to another thread, because it's important that efforts are focused and not wasted on useless activity. If you are concerned about this issue, see the link at the bottom.

I have read that the DWP are trying to sneak a few additional "policing" powers through as part of unrelated legislation to do with pensions, a tactic which can often work due to limited parliamentary time for scrutiny (this is why we have the House of Lords, but is also why the Tories keep trying to stuff the HoL with their cronies).

While there are loud complaints from some sectors, including MPs and lawyers, about this, it still needs as much daylight shining on it as possible. There is a petition on the official Petitions website that can be signed. Unfortunately, it's struggling to get signatures as most people are signing useless protest websites instead. The Petitions site can get this debated in Parliament if it gets 100,000k signatures. That should be the goal. Find it here:

https://petition.parliament.uk/petitions/650940

WhatThe

Signed thank you! I hadn't seen any petitions 

JessieJ

Yep, signed, thank you for posting & linking it.

Albus_Scope

The official figures show that DWP overpayments are at 3.5% for last year, of which 2% were due to fraud.   So 1.5% is still down to errors from the DWP themselves.  

Albus_Scope

This is a combination of HMRC information and Tax Watch UK stats; 
  Individuals classed by HMRC as wealthy – which covers around 800,000 people – are responsible for around 5% of the tax gap, while all other individuals combined are only responsible for around 6% of the gap. This doesn't take into account the offshore tax gap, which is measured separately, so it could be much higher. Only 11 wealthy people have been prosecuted for tax avoidance in the last year.

WhatThe

I wonder what the underpayments are?

WhatThe

Albus, before UC, fraud accounted for 0.7% of DWP fraud and error stats. 

Albus_Scope

WhatThe said:

I wonder what the underpayments are?

1.4% last year according to the National Audit Office. 

WhatThe

And £3.3 billion underpaid in 2022 was it? 

Why don't they sort out the underpayments and leave disabled people alone?

honestjon

WhatThe said:

And £3.3 billion underpaid in 2022 was it? 

Why don't they sort out the underpayments and leave disabled people alone?

Latest figures saying 80% of tribunals are won by claimants using the same evidence that was used in the application and MR.
Something needs to change soon because too many ill people are suffering for too long

Meg24

woodbine said:

At 100,000 signatures it will be "considered" for debate in HOC from past experience they rarely are, and I'm sorry but whilst I agree that most benefit claimants aren't fraudsters the fact remains that a significant number are, so on that basis I won't be signing.

Wow. Thanks for the support.

JessieJ

I've just checked on the petition to see what figure the signatures had got to & there's been a government response, this is a copy & paste...

Government responded

This response was given on 5 February 2024

This measure does not give DWP access to claimants’ bank accounts and will only flag information if it is relevant to someone’s eligibility for the benefits they are receiving.

The Government introduced the third party data gathering measure as an amendment to the Data Protection and Digital Information (DPDI) (No.2) Bill in November 2023. The DPDI Bill continues its passage through Parliament and there will be further opportunity for parliamentary scrutiny. The measure was announced in May 2022 as part of the Department’s fraud plan, “Fighting Fraud in the Welfare System” (www.gov.uk/government/publications/fighting-fraud-in-the-welfare-system). This plan outlined new powers DWP wanted to legislate for to tackle the fraud and error found in the welfare system.

The current powers DWP have to ensure benefit correctness are limited and leave the Department unable to address certain fraud or error challenges. We must modernise and strengthen DWPs legislative framework to give those fighting fraud the tools they need to stand up to future challenges and minimise the impact of genuine mistakes that can lead to debt.

The third party data gathering measure enables DWP to request data from third parties so we can more proactively detect fraud and error in the welfare system. Data is a powerful tool to understand whether someone is entitled to benefit. We already use several data streams to help verify a person's claim or entitlement to benefit which has helped significantly reduce other types of fraud and error. This measure will provide better access to data to establish whether someone is entitled to benefit, making it harder for fraudsters to steal from the taxpayer. The measure will also address error by ensuring claimants are in receipt of the correct amount of benefit that they are entitled, preventing people from inadvertently getting into debt.

There are a number of misconceptions about this measure, namely, it does not grant DWP access to any bank accounts and it does not allow DWP to see how claimants are spending their money.

What this measure will do is require third parties to look within their own data and provide relevant information to DWP that may signal where claimants do not meet the eligibility criteria for the benefit they are receiving. DWP will only receive data on accounts matching criteria DWP prescribe, these will be linked to eligibility criteria for benefits that, if met, may require further consideration to ensure a claim is correct through our business-as-usual processes . For instance, some benefits have rules regarding how much money a claimant can have in a bank account and remain eligible for that benefit. This is called the capital limit and claimants breaching the capital limit is one of the largest causes of fraud and error in the welfare system, accounting for almost £900m in overpayments just in Universal Credit in 2022/2023.

The measure avoids DWP having to share any personal data with third parties in order to obtain the information it needs and only the minimum amount of information will be requested on accounts that match the criteria provided so that DWP can identify the claimant in their own database. DWP will only request information where there is a link between DWP, the data holder and the recipient of payment. Where there is no signal of a potential overpayment no claimant information will be shared with DWP. This means the vast majority of claimants will be unaffected by this measure.

DWP will protect the data it receives. DWP continuously handles large volumes of data and has robust processes in place. The delivery of this measure will be undertaken in collaboration with third parties, including the banking industry, so it is as secure as possible and we have already established a working group with industry to oversee this work. In addition, DWP will consult on a code of practice before providing this to Parliament with accompanying regulations to provide more detail on how this measure will be implemented. Finally, DWP have committed to adopting a “test and learn” approach from 2025 to ensure they create a system that is effective, simple and secure that can transfer, receive and store data safely.

Fraud is a growing problem across the economy, accounting for over 40% of all crime. This problem exists in the welfare system too. Although down by 10% in 2022-23, £8.3bn was overpaid in fraud and error last year in the benefit system and is right we do all we can to reduce this.

The Government has a responsibility to ensure taxpayers money is spent responsibly and therefore should be able to utilise information to discharge that duty. This measure will bring estimated saving to the exchequer of up to £600m by 2028/29. The public support the government’s approach, in a recent public survey, 64% of respondents thought this measure was an acceptable way for DWP to tackle fraud and error in the welfare system.

The measure strikes the right balance between protecting the taxpayer, taking proportionate action, respecting the privacy of claimants and ensuring personal data is always protected.

Department for Work and Pensions

MW123

@JessieJ

Jessie, thank you for sharing.  I must admit, this abstraction from the above statement made me raise my eyebrows!
 The commitment from the DWP to embrace a "test and learn" approach starting in 2025 aims to ensure the development of a system that is both effective, simple, and secure in its ability to transfer, receive, and store data safely. 
This statement does seem rather ambiguous, don't you think, or is it just me?

JessieJ

No, @MW123, it's not just you, it didn't fill me with confidence.