Universal Credit Review - data protection breach!
Comments
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I just don’t understand why there is this sudden huge number of reviews.
What is going on?
I’m chronically ill, disabled, immunocompromised and only a few months off state pension age.
I get uc and both parts of pip. All of a sudden I am being asked for bank statements (pdf whatever that means) and photo id (passport and photo of me holding my passport). Have they recently changed their rules?
I am so upset and feel sick to my stomach with anxiety. I feel like a second class citizen because of this.
I have the same right to privacy as any other citizen and don’t see why I should allow these strangers to pry into my bank statements.
Can someone please help or advise me as I’m too old for all this extra distress.
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Hi @lizzydripping, sorry you're going through this. I can understand that it's pretty distressing to have to give over so much personal information, it can be really intrusive. They are doing a lot more reviews lately to make sure everyone is being paid correctly and staying within the savings rules, many of our members have been through them. From what we know, it's seemingly random and it doesn't mean you're suspected of any fraud or anything.
We have some frequently asked questions about reviews here if any of them are useful to you.
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I'm glad I found this discussion.
My work coach said I was entitled to 28 days holiday so I made the mistake of thinking as long as I wasn't on holiday for more than 28 days it was okay. I was summoned to an enhanced review because I was out of the country for 2 days and have been asked to provide 6 months bank statements as well as given 5 different identity and residence proving tasks (picture in front of house, with passport etc.). I accept and regret my mistake but isn't this too much especially when their systems show I've been in the UK since I returned after 2 says? I also feel their request is an invasion of privacy and I'm wondering which database they'll store my data that I provide to them and whether they'll use it for facial recognition. What are the implications of not providing what they asked for? They say they need all this to verify my presence in the UK but their system already shows my presence and I've used in-store universal credit vouchers which prove my presence. I'm also interested in knowing what system universal credit is using to track the presence of claimants in the UK.
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What are "in store Universal Credit vouchers"?
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I have been asked for 4 months statements and my id which l am not happy about l am thinking of doing this as l am unable to cope with any form of stress l loose weight rapidly and can't function, l won't go on as l am sure there are many in the same position, the people fighting this are to be commended for being so strong and helping others.1
Once we have submitted, if this continues we are going to stop the universal credit all together my husband has a private pension that we wanted to leave (we know the tax implications) he can take in a lump sum that will take us over the limit.
I have checked my statements as well l have a regular payment of 140 going in from my NHS pension which l realise can be seen as earnings so l will be unloading my p60 from nhs as well.
I just would rather go without than have any further stress, sorry if anyone thinks this is wrong.
I
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Hi, who are ICE? Thanks
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ICE are independent case examiners 👍
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Hi, I have been reading the responses on here for a few weeks now. I used the excellent template to respond to UC regarding uploading bank statements. I have received the attached reply this morning - any recommendations how I proceed greatly appreciated!
Thanks!
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Hi Thiago. You need to highlight to them in a reply that regulation 38(2) is for PIP health information, not for bank statements. Here is 38(2)
38(2) Subject to regulation 8 of the Personal Independence Payment Regulations, a person to whom this regulation applies must supply in such manner as the Secretary of State may determine and within the period applicable under regulation 45(4)(a) of the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013 M1 such information or evidence as the Secretary of State may require for determining whether a decision on the award of benefit should be revised under section 9 of the Social Security Act 1998 M2 or superseded under section 10 of that Act.
The important thing is it says “subject to regulation 8 of PIP, a person to whom this applies”
Here is exactly what Regulation 8 of the Personal Independence Payment regulation is in regards to & more importantly “to whom this regulation applies” they use “C” to which 38(2) is subject to & is intrinsic to;
(1) The Secretary of State May require C to provide any information or evidence required to determine whether C has limited ability or severely limited ability to carry out daily or mobility activities number
(2) where information or evidence is requested under paragraph (1), C must provide the information or evidence to the secretary of state within one month from the date of the request being made or with such longer period as the Secretary of Statemay consider a reasonable in the circumstances of the particular case
(3) where C fails without good reason to comply with the request referred to in paragraph (1) a negative determination in relation to the component to which the failure related must be made.
To summarise, as you can see, quite clearly, “C” is a person who must provide all information & evidence to show they are unable to work due to health issues in a certain time & must produce said information & evidence to the Secretary for State within one month. Bank statements are not used to show if someone can or cannot work as per regulation 8. PIP have never & do not request bank statements for claims or reviews. PIP is a non means tested benefit1 -
Hi Lizzy. You need to raise a formal complaint. Ask them what law/legislation they are following to demand bank statements. (They will tell you it’s part 3 of the act, specifically 38(2) which is for medical information not bank statements) tell them how it’s affecting your health & describe how so. They must send you the Personal Information Charter or link to that before requesting any personal data. If they haven’t that’s a data breach. Once you get a reply from them, contact the Information Commissioner Office who will investigate your complaint. The ICO investigate data protection breaches. I hope this helps.
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Thank you so much for this information.
They then took it upon themselves to text me saying they were making an appointment for a visiting officer to come my house.
There was no discussion they just set a date and two hour window.I had one of my numerous hospital appointments and blood tests that day which had been booked ages ago. I tried ringing the contact number given in the text message and it just kept ringing out.
I went to the hospital on the day and the woman called while I was there as seen on the doorbell camera footage.
She didn’t leave a note, there’s been no phone call and no text or email from them. This was a few days ago.
Once again this has caused so much stress and anxiety and uncertainty for me.
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Wow! That’s appalling. You must log everything in your journal. Tell them you tried to call them but there was no answer. Tell them about your hospital appointment & that it conflicted with your hospital appointment. You
Must tell them again how the last minute message to visit your home affected your physical & mental health, how stress & anxiety makes them worse. Say they must make adjustments to consider your disabilities as it’s feeling like disability discrimination. Log everything in your journal & email customer complaints. Your journal is so important as if it’s investigated by the ICO or legally it’s all there written down by you. It’s appalling how they are treating us. I’ve now appointed a solicitor.
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Here's my story for what it's worth.
I am currently going through the move over to UC from legacy benefits.Unlike with legacy benefits,it will be my local Job Centre that will deal with my UC claim.In this Job Centre there are five people that know me very well.With this in mind,some time ago i asked that i be dealt with by another Job Centre on the grounds that i did not want my personal details/problems being looked into by somebody who knows me.My request was flatly refused by my local JC and i was told that this was a "postcode" matter and it was impossible to use another JC…Now,some time down the line i have had a Commitments Interview booked with somebody who knows me VERY well indeed.My greatest fears have come true.This person has always been hostile towards me and now he has read my online application and knows about my very personal health problems.I have managed to get another interview booked with a different operative from the same Job Centre,but sadly the damage has been done.
In the past,our applications have been dealt with by a Centre out of our local area but now,with UC,our claims will be dealt with by people who could know us personally.
I was just wondering if anybody else had been through something similar because,in all sincerity,i feel that this cannot be right.
PS,the person who was due to interview me who does know me well,yet has flatly denied that he knows me at all.A TOTAL AND UTTER LIE.
BE UNDER NO ILLUSION.THE RULES OF ENGAGEMENT HAVE CHANGED,AND THESE ARE THE LEVELS OF DECEIT,CONTEMPT AND ARTFULNESS THAT WE ALL MIGHT HAVE TO LEARN TO DEAL WITH NOWADAYS AT THE HANDS OF THE DWP.
Has anyone else out there had to go through anything similar?
JW
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Hi hel123. I have managed to stop any further action for 9 months after they asked me for 8 months more bank statements in September last year. (after the initial review took place last July & them having 4 months bank statements). I have demanded any action be paused in my case whilst ICO & ICE investigations have ensued & formal complaints have been answered. I raised another formal complaint in January & they only replied to that last week, which answered none of my complaint issues & legislation misuse. I replied to that, they then sent me a “we are sorry you are unsatisfied, we will investigate further” letter the other day. Since then I was asked again for 8 months more bank statements, which I have complained about yet again. I called a solicitor & I have now told the DWP of that. So as of yet, they have no further bank statements. I will update when my solicitor has been in contact.
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I think I will take guidance from you. You’re really showing them up for what they really are.
I will reach State Pension age in seven months and just feel battered mentally with all of this.
I am absolutely determined to NOT have my right to privacy taken away from me and will not be sending any bank statements full stop or having anyone visit me at home, especially as I am immunocompromised.
It’s so uplifting to see your comments and how you are fighting this disgusting behaviour. Thanks so much.
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We are all in this together. The harassment & bullying of disabled people is horrific. I’m happy to help in any way I can. I am immunocompromised, too. I have Rheumatoid & Lupus so on weekly chemo. Trying to live with chronic pain, feeling ill every day is a struggle & up hill battle, but it makes us stronger in other ways. I have now instructed a solicitor so I’ll update you all when I have some news of how it’s going. All we can do is stand up for our rights & speak up when we feel wrongs are being carried out x
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You are a star…thanks so much. x
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sorry but this is most probably brain fog but why does it say a document that you were mislead into signing. Can you explain this to me please. Is this something we signed when we first made a claim?
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Hello @TG0601 and all,
I am hoping I can get some help please. I have recently been asked to do a review for universal credit and supply 4 months bank statements and ID and housing costs. I want to complain about this and especially do not want to send them my private banking information. Please can I be advised how to complain. Do I write in the journal or send a letter please. Can anyone help with the wording of the complaint please. Also what is likely to happen with my universal credit. Will non compliance stop the review or close my account. This is causing me so much stress and anxiety. Any help gratefully received. Thank you
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Hi @Ann46 it's understandable why this would make you feel uncomfortable, as it has many others. I've attached a link below to a post denoting some frequently asked questions, and members comments about the process which might be helpful to you - Universal Credit Bank Reviews: Frequently Asked Questions — Scope | Online Community
I believe that you might be deemed non-compliance if you failed to provide this detail unfortunately. I know it probably doesn't help a great deal, but a lot of people have said the process hasn't been as daunting as they initially anticipated.
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