Universal Credit Review - data protection breach!

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  • MrsT22
    MrsT22 Online Community Member Posts: 2 Listener

    Hi, looking forward to hearing some advice. I am an appointee for my daughter. I have been her appointee since she turned 16 and her DLA switched over to PIP (she is 21 in May).

    She gets both PIP and UC, it was agreed that payments would be paid directly to me, they go into my joint bank account with my husband. They have never asked anything about the account in the past.


    I have just been asked to supply bank statements for the past 4 months for her. I will supply her’s which shows the monies that I send over to her, for her to “spend”, these will show her lack of ability to budget. The rest of the monies I use to pay for anything else that she needs, I.e., rent, clothing, car finance etc., these come out of my bank account.

    I’m not happy to send these to them, my husband certainly isn’t with regards to GDPR. Where do I stand.

    I will tell them that I will set up a joint account with my daughter going forward.


    Any help and guidance would be appreciated.

  • Biss
    Biss Online Community Member Posts: 7 Contributor

    Editable version of the complaints letter that you can copy, paste and edit accordingly:


    To whom it may concern,
    I am writing to formally object to what I believe to be fraudulent and unethical attempt by the DWP to obtain unauthorised access to my personal banking information, infringing on my rights under multiple laws and treaties. This effort appears to rely on a document I was misled into signing, which contains provisions allegedly intending to exempt the DWP from accountability to the United Nations Human Rights Council (UNHRC). This exemption, if asserted, would itself be a violation of fundamental human rights and is legally invalid.

    1. Human Rights Violations
      Under article 8 of the European Convention on Human Rights, incorporated into law through the Human Rights Act, I am entitled to respect for my private and family life, including financial privacy. Unauthorised attempts by the DWP to access my bank account without my clear, voluntary, and informed consent directly infringe upon this right. Additionally, any effort to to circumvent accountability through a manifesto or internal policy defies article 30 of the Universal Declaration of Human Rights, which stipulates that no authority may engage in actions aimed at the destruction of rights guaranteed under the Declaration.
    2. Violations Under the Equality Act 2010 (remove this section if not relevant)
      As an individual with (insert relevant disability) , I am protected under the Equality Act 2010, which prohibits discrimination based on disability and mandates reasonable adjustments to ensure fair treatment. By failing to ensure that I was fully informed and consenting in any documentation, the DWP has neglected its legal duty to provide an accessible process that respects my rights, constituting a violation of the Act
    3. The Distinction between Acts of Parliament and Law
      It is essential to clarify the distinction between an Act of Parliament and a law. An act of parliament serves as statutory guidance but does not carry the inviolable enforceability of a common law principle. Acts provide a legislative framework for governance, they do not override the fundamental protections guaranteed by common law or international human rights standards. Human rights protections cannot be selectively negated by national legislation.
    4. Liability of DWP Employees
      I must also emphasise that any DWP employee who knowingly participates in actions that violate my rights is liable on both a personal and professional level.The principles established in the Nuremberg code affirm that orders do not absolve individual from accountability for unethical actions. Each participant has a duty to uphold fundamental human rights, and those who fail to do so may be personally responsible for any resulting harm.
    5. Data Privacy Violations Under UK GDPR Under the UK General Protection Regulation (UK GDPR)
      I have the right to privacy in matters of personal data, Unauthorised attempts to access my financial information are likely in breach of these of these data protection laws. Any action taken without my clear, informed consent is unlawful under Article 6 of UK GDPR which mandates that data processing must be lawful, fair and transparent
    6. Malicious communications
      Furthermore, any communications sent to me as part of this campaign that is intended to mislead, threaten, or coerce me into compliance may constitute a violation of the Malicious Communications Act 1988. Under this Act, it is unlawful to send any communication with the intent to cause distress or anxiety, especially where it involves deceit or coercion.
    7. Notice of Potential Legal Action
      If these infringements on my rights persist, I will be prepared to seek damages from the DWP and from any associates involved in this unethical procedure. I remind the DWP that it is not above universal laws, and a declaration from higher authority does not grant immunity from international accountability. This is not a wartime environment, and such actions cannot be justified under any claimed ‘necessity’.
      In conclusion, I request an immediate cessation of all attempts to access my financial information. I urge the DWP to comply with both national and international legal standards and to respect my rights as guaranteed by law. I am prepared to escalate this matter through all appropriate channels if my rights continue to be infringed.
      Thank you for your attention in this matter.
      Yours sincerely,
      (Your name)
  • MrsT22
    MrsT22 Online Community Member Posts: 2 Listener

    Sorry but another question. They are asking for photo id for my daughter.

    They want either a photo of her driving licence or passport. They are asking though that she takes a further photo with her holding either of the documents up to her face.

    Any idea why they would need this as well?

  • Kimi87
    Kimi87 Online Community Member Posts: 6,743 Championing

    Regarding appointee/ shared bank account several other members have posted a similar dilemma, unfortunately none came back with an outcome as to what UC accepted etc.

    The selfie with photo ID is to verify her identity as the claimant.

  • TG0601
    TG0601 Online Community Member Posts: 113 Empowering

    This is great, Biss. Thank you for posting it here. It covers a lot of what I stated in my complaint last year to the DWP. Has anyone received any formal replies from the DWP after sending it? x

  • TG0601
    TG0601 Online Community Member Posts: 113 Empowering

    I’d be interested to know how the DWP didn’t suspend or close the claims of the two people who refused to send bank statements. There is the threat of suspension if you don’t comply, so knowing some haven’t compiled & still got their benefits is interesting. Yes, you’re right. & that’s exactly what I told the UC agent, they know our payments are correct just by looking at our file & what they pay us. They don’t need bank statements to see any other information. It’s a disgrace. & you’ve nailed it, they say they don’t want to see irrelevant information on bank statements, so why not accept redacted privacy information? They talk out of both sides of their mouths.

  • TG0601
    TG0601 Online Community Member Posts: 113 Empowering

    Thanks for this Biss!


    When you mentioned some people have been successful, have they stopped the review completely after submitting the redacted statements?


    I agree with you 100%. People are doing it due to the fear of losing their money. It’s all so wrong.

  • TG0601
    TG0601 Online Community Member Posts: 113 Empowering

    Exactly right. I believe this is the process they’ve used to see how much people are spending so they can reduce benefits, as they are doing. It’s all been part of governments saving money plan.

  • letitbe
    letitbe Online Community Member Posts: 343 Empowering

    They are scrutinising the statements , there have been quite a few people that have been questioned about outgoing payments. It’s such a massive invasion to have to upload your personal documents for strangers and then to be questioned about transactions. Apparently they’ve hired 6000 new UC review staff to get through all UC claimants .

  • serenity111
    serenity111 Online Community Member Posts: 1 Listener

    Hi, I am new here and have just received a UC demand for 4 months statements and to hold my passport against my face at my front door which i am very opposed to. They had my passport at the beginning. Any help how to move forward would be very much appreciated. Thanking you

  • Jaypc19
    Jaypc19 Online Community Member Posts: 4 Connected

    Great thread.

    With regards to those of us being asked to provide our photo ID alongside our faces! So you’re aware I have point blank refused this to the agent conducting my UCR via my journal. He replied saying it’s fine and that he can verify my ID via another means during the phone call.

    I’ve sent a complaint to DWP as I’m being contacted by three different people via my journal currently, and it’s really starting to irritate me. I’ve worked all my life up until 40 and I’ve been out of work a few months (no fault of my own) and I feel like I’m being harassed and it really isn’t helping me at all! I’ve had a right old rant in my journal and told the UCR agent to leave me alone, and he hasn’t replied since, in the mean time I’ve logged a formal complaint to DWP and if this review continues then I’ll be logging the template message above as a second complaint.

    This country is a disgrace, I will sort myself out and get back to work shortly. I’ve got the stress of an employment tribunal case upcoming, which has been a nightmare to prepare with deadlines of 3 months to lodge the claim, where I stand to gain a lot should I succeed, and which I think I have a very good chance of doing so. But all these people working for UC can do is make me feel worse by the continued harassment. My mental health has been shot to pieces and all I see everyday is them nagging me over a few hundred pound a week.

    I’ll sooner cancel my claim and got into severe hardship than provide them with my private information. It’s absurd to state the least.

  • kittenface19
    kittenface19 Online Community Member Posts: 59 Contributor

    Agreed with what everyone else has said. It's just a gross invasion of every single persons privacy simply because they believe they have the power to do so. Sometimes I feel like they're doing this so terribly and treating people so badly and cruelly, just to get them to close the claim and save the government loads of money.

    It's shameful what has become of this country.

  • verityc
    verityc Online Community Member Posts: 56 Connected

    Hi all. I've got the letter from u.c. through and it says to go online to UC and fill in the form as it's changing from ESA to UC. I have pip and it is awarded to 2027, does that mean they won't ask me about my pip etc? I'm so worried about going the form to fill it in. Can you please let me know what they're going to want etc? I've only just received it. I'm in the u.k.

  • Kimi87
    Kimi87 Online Community Member Posts: 6,743 Championing

    PIP is separate from UC/ESA so they won't be concerned with that.

    Citizens Advice offer a Help to Claim service:

    https://www.citizensadvice.org.uk/benefits/universal-credit/claiming/contact-us-about-universal-credit/

    They can support you before, during and after the application.

    There is also a dummy form for the UC application:

    https://docs.google.com/forms/d/e/1FAIpQLSd0zGOzoOkpR3i_64IvjFOvZBOeeORdpf_iF32h2l1B-hXXOQ/viewform

  • verityc
    verityc Online Community Member Posts: 56 Connected

    Citizens advice are not accessible where I am. Tried several and all are either not able to get back to you or are closer. Thankyou for your help though! I appreciate the help with it all! So worried about it all!

  • verityc
    verityc Online Community Member Posts: 56 Connected

    Closed not closer

  • Kimi87
    Kimi87 Online Community Member Posts: 6,743 Championing

    If you look at the link the CA Help to Claim service operates via phone and webchat, not through local branches.

  • verityc
    verityc Online Community Member Posts: 56 Connected

    Of brilliant! Thankyou so much! X