Universal Credit Review - data protection breach!
Comments
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That would be great if you could.
then you.0 -
That’s great. I’m so pleased the information I gave is reaching further & wider so people are more informed. When you say 15 of you were successful, do you mean the reviews were permanently stopped or paused whilst the complaints were being investigated? Mine was paused whilst the ICO & DWP investigations ensued & until I got my formal response back. I’ve not heard anything for 6 months then they contacted my a couple of months ago saying the review can continue. I put in another formal complaint so my review has been paused again, for now, until I get my formal response from them. It’ll be interesting to see if they double down that the legislation 38(2) is correct (it most obviously isn’t). They may come back with a different legislation but I’ll be researching that one, too, if they do! Did they accept all of your redacted bank statements or not? As some have had their claims suspended for sending redacted bank statements. If they are accepting redacted bank statements in some cases but not others, that’s a concern. Acceptance sets precedent so all reviews should therefore be redacted bank statements only. The ICO will accept a complaint once a person has a formal response from the DWP, so the more DWP complaint responses, the more ICO complaints will be investigated. The ICO take action against organisations mainly on the number of complaints they receive about that organisation. The ICO told me & another that because there had only been a handful of complaints about this issue, they could only make recommendations to DWP, not act against them. So, it really needs to be an onslaught of complaints to the DWP then the ICO. Also, my MP is helping me. I asked him to send my legislation concerns, misuse of legislation, to lawyers in the House of Commons. He sent it to specialists in the HOC, I am just awaiting the reply. Last year the minister for transformation told me, via my MP, that the legislation was correct. I replied vigorously that he was incorrect. I didn’t receive a reply from the minister challenging him & asked him to reply to my breakdown of 38(2) to show him it was blatantly not correct. He went very quiet. I’ve messaged disability charities, the press, media & asked them to run with this story but they won’t. Shameful.
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Please do, Biss.
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Folks, I don’t know if the link worked in my initial post, so I’ve posted it here for you all.
Here is exactly what regulation 8 of the personal Independence payment regulation is in regards to and more importantly “to whom this regulation applies” they use “C” to which 38(2) is subject to an intrinsic to;(1) the Secretary of State may require C to provide any information or evidence to determine whether C has limited ability or severely limited ability to carry out daily or mobility activities
(2) where information or evidence is required 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 as such longer period as the secretary of state consider as 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 and evidence (to show they are unable to work due to health issues) within a certain time period and must produce said information and evidence to the Secretary of State within one month. ****bank statements do not show if a person can or cannot work due to health issues***** THAT IS WHAT 38(2) LEGISLATION RELATES TO AND IS FOR, NOT BANK STATEMENTS!!
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What’s even more interesting is there are two people that have point blank refused to give them bank statements due to them breaching privacy laws, and they still receive their money.
You are entitled to that money and refusing to send in bank statements doesn’t take away your entitlement. I think it’s a case of so many people willingly hand them over without question they are sort of getting away with the threat, and everyone else follows suit.
I read a case where they stopped someone’s benefit because he didn’t have a bank account, he went to appeal and was refused, then higher and they said “not having a bank account doesn’t mean he’s not entitled to the money”
Being willing to show them the incoming amounts and savings should be more than enough for them to see what they “apparently” need to. If they aren’t interested in what people are spending their money on, why do they need to see personal spending? It really is that simple. People shouldn’t need to show that much even.2 -
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.0 -
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.- 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. - 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 - 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. - 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. - 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 - 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. - 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)
2 - Human Rights Violations
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The thing is, they know how much benefit you're getting because they pay it, if you work hmrc know how much you earn.. thry already have evidence of your ID. Personally I believe it's a huge illegal data gathering exercise. They've changed their policies & procedures many times (breaking contract law) and they state they are using AI to process data. I think there's feeding it all into an AI database. More than likely getting some type of financial kick back for all this free data they've harvested.
I don't trust them as far as I can throw them, my eyes have been open to the agenda for a long time. I
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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 do wrong!1 -
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?
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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.
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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.
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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.0 -
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
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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.
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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 .
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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
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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.
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Well said!
There needs to be more people like you that will stand up to this sort of thing.
I hope everything works out for you.2 -
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.
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