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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]


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