Universal Credit Review - data protection breach!

TG0601

https://forum.scope.org.uk/discussion/comment/1058921#Comment_1058921

Hi Slopii. You will have to raise a formal complaint to the DWP & specifically ask them what legislation they are using & that you believe they have breached your data & privacy rights. Did they send you the Personal Information Charter before getting your bank statements? If they didn’t, that is a breach of GDPR procedure, you can also add that to your complaint. Complaints about your data are made via the data protection department at the following email address DATA.PROTECTIONOFFICER@dwp .gov.uk. Good luck.

worried33

Thank you for creating this thread, I am in agreement the DWP dont think twice about breaking the law.

Although not the same thing, I had a similar situation, which I posted about on scope, in my case I had reported my balance went over 6k due to a backdated payment, and this triggered a request for 3 months statements, not only that my claim was suspended, and in my case the suspension was without a refusal to provide the evidence.

They were ignoring all my concerns on the journal, no responses, they wanted me to in face to face to a job centre to provide this evidence, I rang and put in the journal informing them I wont be attending this appointment, the people on the phone insisted they couldnt intervene (then what is the point of them), and the journal was ignored. Within an hour or two of the appointment the DWP suddenly decided they wanted to engage and suspend my claim. My response was not quite what they were expecting, as I expect many people they bully, are living from payment to payment, in desperate need for the money and comply without a fight.

I had a look at documented policies I could find, and on the parliament web site was a clearly stated policy which was that suspending a claim for potential over payment was not appropriate and should not be carried out. I emailed the policies I found to my MP, and pointed out I wasnt refusing to provide the evidence, but they could collect it online or a home visit. The DWP had previously tried to bully me over the phone saying in words that were designed to put fear into a claimant, I could be waiting several weeks for the home visit, and in the mean time no money. But after the MP intervened, it happened much quicker. However once the evidence was accepted and claim restated,, the MP lost all interest, which isnt surprising considering who my MP is. I seriously considered taking matters further, as the DWP although they apologised for lack of engagement on the journal, they chose not to respond to the policies not been followed, I had some DWP staff on social media tell me internal policy was different which makes it ok, my opinion is it doesnt make it ok, policy is part of the legislation agreed with parliament.

In the end I let it go, but I think I might be interested in what has been reported in this thread, whilst there may be good reasons for asking for statements (means testing compliance), for that they only need inbound payments and the balance. Also any collection process should be legal. I am in agreement with the people who state this isnt just about compliance but also data collection, there is also reports of people getting deductions on UC for reasons of "deprivation of capital" because the money apparently isnt being spent in the right way, I find that very dubious. The deprivation of capital is about deliberate intent to defraud the DWP, it shouldnt be used to control what people choose to spend their money on naturally.

As usual it takes reporting to regulators, court challenges and so forth to bring this department in to line, until that happens they will keep at it.

Albus_Scope

Hi @Lina31 Thank you for sharing your concerns. It's understandable that you feel anxious about providing personal information, especially given your circumstances.

Firstly, it's important to clarify that all claimants of Universal Credit (UC) are required to provide identification and bank statements as part of the verification process. This is to ensure that benefits are allocated correctly and fairly. The requirement to provide such documents is not unique to your situation and applies to all claimants, regardless of their background.

Regarding your concerns about illegal immigrants, it's a common misconception that they receive preferential treatment. In reality, the UK Government has strict regulations regarding asylum seekers and their entitlements. Asylum seekers may receive basic support, but they do not have access to the full range of benefits available to UK citizens and residents. You can find more information on this topic from reputable sources such as the UK Government website or organisations like Refugee Council. Please avoid clickbait titles on the internet as they will be very biased and are trying to spread their anti immigrant rhetoric for their own financial gains.

I understand your concerns about privacy and the handling of your personal data. The Department for Work and Pensions (DWP) is required to adhere to data protection laws and ensure that your information is kept secure. If you feel that your privacy rights are being violated, it's crucial to address this through formal channels. You mentioned considering a formal complaint to the DWP, MP, and ICO, which can be an effective way to ensure your concerns are heard.

If you need legal advice, seeking a solicitor who specialises in benefits and privacy law might be beneficial. Your local Citizens Advice Bureau can provide recommendations and guidance on finding appropriate legal support.

I hope this information helps to clarify the situation. Please feel free to reach out if you have any more questions or need further assistance.

Albus_Scope

Hi @hel123 Regarding the treatment of asylum seekers, the UK Government provides basic support to ensure their immediate needs are met while their applications are processed. This includes accommodation and essential services, but it's important to note that these measures are temporary and aimed at ensuring humane treatment. The process for asylum seekers is governed by strict regulations, and they do not receive the full benefits allocated to UK citizens and residents. For more detailed information, you might find it helpful to refer to resources such as the UK Government website or organisations like Refugee Council.

On the topic of Universal Credit (UC) and the request for identification and bank statements, as said previously, it is part of the standard verification process to ensure that benefits are distributed correctly. If you believe there is misuse of legislation or feel your rights are being infringed, pursuing formal complaints or freedom of information requests, as you mentioned, can be effective ways to address these concerns.

Regarding your point on how individuals with no identification pass checks, the process for asylum seekers involves extensive background checks and interviews. Citizenship is not granted without thorough vetting.

I understand that these issues can be frustrating and complex, and I encourage you to continue seeking information from reliable sources. If you have further questions or need assistance, please feel free to reach out and we'll do our best to find the information for you.

Albus_Scope

I can see there's a bit of confusion there.

Taken from the Oxford dictionary;
"asylum seeker

noun
noun: asylum seeker; plural noun: asylum seekers
a person who has left their home country as a political refugee and is seeking asylum in another.
"only asylum seekers who are granted refugee status are allowed to work in the country"

Asylum seekers are not legally obliged to claim asylum in the first safe country they reach; international law and the 1951 Refugee Convention do not require it. However, a country's domestic asylum law (such as UK law,) can make claims inadmissible if the person passed through a safe country where they could have claimed protection. 

But thank you for sharing your perspective. If you could provide links or sources for the information you've mentioned, it would be greatly appreciated. As per our House Rules, we aim to ensure that all discussions are based on verified information and we do not allow opinion to be given as fact. Your cooperation in maintaining this standard is valued.

Albus_Scope

I feel we may have veered slightly off course here, so I think it'd be best if we stick to talking about the DWP and benefits system as per the original discussion. 😊

Albus_Scope

Again, I'll have to ask you to read the house rules carefully @hel123

Thank you for your cooperation.

WhatThe

Lina, you said, "They even are given 5 start hotels, free meals, and £47 each week!"

It's £49.18 a week WITHOUT accommodation.

If your accommodation provides your meals you’ll get £9.95 for each person in your household instead.

Call them 1 star HOSTELS instead because that's what they are. Room-sharing with strangers is not luxury. Do you know how much we pay for Iain Duncan Smith's breakfasts?

I am given money to pay rent and bills. Half of what I eat comes from a food bank but I'm grateful and I do not envy the pittance that asylum seekers receive.

You will need to find and pay for your own solicitor; nobody here can help. Protest all you want about this intrusion by the Department for Work and Pensions but racial hatred and misinformation are not permitted on this site. There are plenty of other platforms for that!

WhatThe

How old are you?? 🙄

Kimi87

You need 25 posts before you can PM.

It's likely an anti spam measure.

Ray212

https://forum.scope.org.uk/discussion/comment/1061817#Comment_1061817

Before making such bizarre comments, maybe understand that the PM's aren't limited just for you. You need a certain amount of posts.

Kimi87

At the end of the day if people don't like the Scope platform, they are free to pay for, create and run an online platform elsewhere where they can set the rules.

Community_Scope

https://forum.scope.org.uk/discussion/comment/1061817#Comment_1061817

As Kimi has said, you need 25 points before you can send private messages, this is to stop bad actors and scammers from taking advantage of the option.

Community_Scope

Note from online community team:

Where possible we like all discussions to continue, but we’re choosing to pause this discussion for now so things can cool down and we can review it. For more information, please read our online community house rules. Misinformation and personal attacks are not allowed.

We will review it and if we are satisfied the discussion can continue, we will hope to un-pause it by the end of today.

Community_Scope

Note from online community team:

Following review, we have now unpaused this discussion.

Please remember that all discussions on Scope’s online community should remain civil, supportive, and safe. Please read the updated house rules for more information.

Albus_Scope

Hi again @Lina31 just to let you know I've had to edit your comment as again, it contained misinformation. Please read the house rules for more information.

Regarding the DWP, they are within their rights to ask you to confirm your identity, this is to stop people from abusing the system. Any solicitor will say the same thing I'm afraid. If you do not cooperate, then they can stop your benefits, so I'd urge you to please comply with their request.

Albus_Scope

We are all entitled to our opinions @Lina31 of course we are. But you cannot give your opinion as fact, that is against the house rules.

The checks are legal and it's perfectly routine for them to do so. This is typically done to verify you are who you say you are and to check your income, savings, or other financial circumstances, which are factors that can affect the amount of Universal Credit you receive. They are also there to stop people from illegally claiming benefits, or to stop them from claiming, then sending the money overseas.

To say these checks are unlawful is spreading misinformation, in fact the law entitles the DWP to request the statements and if you don’t provide them then your claim could be negatively affected. Please remember that, as we don't want you losing out on any benefits.

But best of luck with your search for a solicitor.

Albus_Scope

The DWP can rightfully ask for full bank statements by law, as set out in the Social Security Administration Act 1992 and The Social Security Fraud Act 2021, this is fact @Lina31 and it is the law currently. I've linked to both just in case you wanted to have a read through. 😊 But I do understand that people would rather the DWP don't see everything on their bank statements.

The Britcard discussion would be opening a whole new kettle of fish! Personally, I don't think it's a great idea at all. 😆

Albus_Scope

Hey @Lina31 I've removed two of your comments as they were duplicates. All members of the community can see your posts, as it's a public forum, so there's no need to post and tag individual members. 😊

durhamjaide2001

https://forum.scope.org.uk/discussion/comment/1061816#Comment_1061816

you can meet us for a virtual coffee in the coffee lounge