In a Guidance on Housing and Council Tax Benefits published in June 1994 the
ODPR advocated obtaining positive consent for the use of Benefits data to
inform claimants of other benefits to which they may be entitled. ODPR
suggested the following wording:
Do you agree that your information can be used to inform you of other
benefits and provide you with advice on welfare issues? Yes/No
This message can be placed on benefit application forms - existing claimants
can be canvassed when their benefit is renewed or by letter.
Stuart
-----Original Message-----
From: Charles A. Prescott [mailto:[log in to unmask]]
Sent: 04/05/2000 15:05
To: [log in to unmask]
Cc: [log in to unmask]; [log in to unmask]
Subject: Re: Welfare Benefits
Query: Could you legally advise on the forms that the registration details
would
also be used to check whether the individual is entitled other/different
benefits
and to advise them of their availability, and then offer an opt-out tickbox
for
people to say they don't want their details used in that way? This would
increase the delivery of public services, as the percentage of people who
opt-out
will be small, and it is certain that the percentage of people who will
opt-in
will be small. Little direct marketing techniques that could improve the
delivery of public services.
[log in to unmask] wrote:
> 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:
>
> 55 Curbar Curve
> Inkersall, Chesterfield
> Derbyshire S43 3HP
> (Reg 3822335)
> Tel: 01246 473999
> Fax: 01246 470742
> E-mail: [log in to unmask]
--
Charles A. Prescott
Vice President, International Business Development
and Government Affairs
Direct Marketing Association
1120 Avenue of the Americas
New York, NY 10036
U.S.A.
Tel. (1) 212-790-1552
Fax. (1) 212-790-1499
e-mail: [log in to unmask]
website: www.the-dma.org
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