Universal Credit Review - data protection breach!
Comments
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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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I don’t mean to be funny, but have you actually been successful in not sending bank statements?
All I see is people quoting and telling others what’s right and what they can’t do and to complain here and say this, but if they dig their heels in and threaten to take people’s money away, what can we do in reality?
I’ve not seen one example of a real person coming on here and saying “I haven’t sent anything and I’ve still got my money”.Ultimately it seems like they can get away with it and there is nothing we can do.
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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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We all agreed to the Claimant Commitments when starting Universal Credit.
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This is really interesting, great work. I don't know how to read legislation but I looked at the legislation (linked below) and I don't understand why it doesn't apply to us based on clause 38(1). Do all clauses (not even sure if they're called clauses) need to apply or just some?
https://www.legislation.gov.uk/uksi/2013/380/regulation/38/2020-07-13
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Does anyone know when the Claimant Commitment being referred to in order to justify demanding our bank statements was introduced?
The year and month would be greatly appreciated.
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Hi @lizzydripping
According to GOV.UK it was introduced on 14th October 2013🙂1 -
Hi Ann46.
Firstly, if you refuse to send your bank statements they can suspend your payments which is not what you want to happen. So my advice would be to send them but let the DWP know you are only doing so as you are being threatened with benefits suspension. Once you’ve sent the statements you can then make a complaint via email to the following email address;DATA.PROTECTIONOFFICER@dwp .gov.uk
as it relates to your personal data it goes to the data protection department.
Basically you want to ask the DWP what legislation they are using to demand bank statements (they’ll tell you it’s 38(2) but ask them to put it in writing as you have a right to know in writing what legislation they are using. You can also raise with them that you believe it is a breach of privacy laws. You can raise that you believe it is a data protection breach as it is your private information & it must be processed legally & fairly.
Just for your information, they MUST send you the personal information charter before receiving your bank statements. If they don’t, that’s a GDPR breach that you raise with the data protection department & ICO ( more on the ICO in a moment).Once you raise a complaint the DWP must reply to you within 30 days to a data protection breach complaint. If they haven’t responded by 30 days you then escalate your complaint to the ICO (information commissioners office) they investigate data protection breaches of all organisations/companies. Their telephone number is 0303 123 1113.
I hope this helps.
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Hi Sloppi,
38(1) is basically just a sub header that highlights that the claims & Payments legislation relates to everyone except job seekers & to anyone receiving payments on behalf of a claimant.Every sub section relates to a different situation, benefit etc.
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Hi Holly. Just an update for you.
I got a solicitor (I had to pay) to look into the legislation that the DWP are using. He agreed that the legislation is wrong & is a PIP legislation for health information gathering for PIP claims/reviews. So, the DWP, as very many people already know, are misusing legislation.The DWP asked me for more bank statements so I made another formal complaint, informing them of what my solicitor has said. I am still waiting for the DWPs response. I’ve been waiting months for a response from them, which turned into a second complaint & I have now raised a second complaint with the ICO based on what the solicitor said.
I believe the DWP are dragging their heels on purpose in responding to me as they know it could be a huge issue as hundreds of thousands of people have had to send in bank statements under threat of benefits suspension.2 -
Hi @TG0601
Thank you for replying and your help. I have written out a complaint letter and I was going to send it to the complaints department of dwp before complying with sending the bank statements. I haven't actually heard anything from dwp about why I haven't sent the statements yet. I don't really want them to suspend payments but don't think I want the stress of dealing with them either.
I was thinking of trying to work rather than dealing with all this in the future even though I have health conditions. Will it take them long to suspend payments if I don't send the statements do you know. I'm wondering if sending the complaint letter will make them act faster. I wasn't send any information charter with the request for statements.
Thank you for replying
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When did they want the bank statements by Anna? If you’ve missed the deadline I’d have thought you’d have heard from them by now. If you’ve haven’t heard from them, maybe wait until you do & put the complaint on then. They have to inform you that they’ve suspended your claim, so it’s odd that they’ve not been in touch. Yes it’s very stressful dealing with them. Dealing with health problems is tough enough. I just wish they understood that none of us want to be on benefits. I’d give anything to be well again & be independent as I was. I miss my career so much.
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Hi TG0601,
I am reaching out to you because it's obvious you very much know what you are doing.I have pasted this message further up this thread……
"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."
—————————————————So,in short,somebody i know very well at my local Job Centre has got hold of my file,had a good look through it,then messaged me through my Journal to let me know she is in charge of my case. For me,this is a blatant infringement of conflict of interest rules.You mention emailing the DWP's data protection Officer further up this thread..In your opinion,would it be better for me to contact the Data Protection Officer direct,or lodge an,IMO,a futile complaint with my local Job Centre about how i have been treated? NB.. It is worth bearing in mind that the manager of the local Job Centre (who may deal with my complaint) and the person i am complaining about have been friends and colleagues for decades already. Thanks in AnticipationJW1
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