In a message dated 03/05/2000 12:25:32 GMT Daylight Time,
[log in to unmask] writes:
<< The local authority I work for has recently set up a team to aid
identification of individuals that are entitled to but not currently
claiming welfare benefit (income support, disability living allowance,
attendance allowance). >>
Many individuals are likely to benefit from this exercise but your
presumption is that they do not know about the benefits or their entitlement.
This may not be the case. Consider for a moment an individual who does not
wish to be considered disabled, or someone who wishes to avoid the stigma
attached to claiming means-tested benefits.
This person may object to their information being used for purposes other
than those to which they have consented (i.e. they claimed for an invisible
benefit such as HB or CTB).
Maybe other councils have done it and got away with it, maybe in Sweden
people do not have the same attitiude to social services and benefits. Maybe
if you did do it in this way nobody would object as everyone would be a
winner.
You should remember that you are in a monopoly supplier situation (people
can't go anywhere else for housing benefit) and so secondary use of the data
should be done only when you are absolutely certain it is fair, lawful and
compatible with the purposes stated.
How about the following as a course of action?
1) Advise ALL benefits recipients that they MAY be entitled to further help
from the council or DSS;
2) Ask all interested claimants to complete a form giving you consent to
process their housing benefit data for this secondary use;
3) Of those that have consented, check whether any of them would qualify for
the extra benefits and send them the appropriate forms;
4) Change your HB forms to ask future claimants whether they would like you
to check their entitlement to other state benefits.
Ian Buckland
MD
Keep IT Legal Ltd
Please Note: The information contained in this document does not replace or
negate the need for proper legal advice and/or representation. It is
essential that you do not rely upon any advice given without contacting your
solicitor. If you need further explanation of any points raised please
contact Keep I.T. Legal Ltd at the address below:
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(Reg 3822335)
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