Privacy Notice for Benefits
This privacy notice covers: Housing Benefit, Council Tax Reduction, Discretionary Housing Payment,Free School Meals, Clothing Grants, Disabled Facilities Grant and Social Care Financial Assessments.
The income & Awards section of Powys County Council undertakes a wide variety of functions, and in doing so will gather personal data. We are committed to protecting the rights of individuals in line with the current Data Protection Legislation.
Powys County Council as a data controller collects your personal data in order to work out your entitlement to housing benefit, council tax reduction, discretionary housing payment, free school meals, disabled facilities grants and/or social care charges. We will only collect the personal data from you we need in order to provide these services to you and process your data in a fair and lawful way.
As part of the application process, for these services Powys County Council will collect personal data, including sensitive personal data about you and your family.
This information collected will include:
- Details about you and your partner, such as date of birth, national insurance number, address, health data, income, welfare benefits, savings, rent and landlord details.
- Details about other people that live with you, such as children and other adults, including their dates of birth, health data, welfare benefits, income and savings.
We will check some of the information with other sources to ensure the information you have provided is accurate
It is important that we hold accurate and up to date information about you in order to assess your needs and deliver the appropriate services. If any of your details have changed, or change in the future, please ensure that you tell us as soon as possible so that we can update your records.
Legal Obligation - The basis for gathering and processing your data is our legal obligation under the following legislation:
- Social Security Administration Act 1992, as amended
- Housing Benefit Regulations
- the Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 2013, as amended
- Local Government Finance Act 1992, as amended
- Social Services and wellbeing Wales Act 2014
- The prevention/detection of crime, including false representation in accordance with the Fraud Act 2006
Consent-Your consent when you complete and sign the application forms for the services contained within this privacy notice. consent can be withdrawn at any time by notifying us. Consent is unable to be withdrawn in cases for the prevention of crime
The council will use your personal data for the purpose it was provided for, and other compatible reasons to ensure you receive the services you are entitled to receive.
This may involve sharing personal data within the Income & Awards section to ensure you have access to all services and awards you are entitled to are calculated and granted including the awarding of council tax discounts and exemptions.
Data will be shared with our contractors (data processors), who provide elements of the service for us.
To process your claim we share information under our legal obligations and with partner organisations, including:
- Government departments in connection to a welfare benefit claim
- The Department for Work and Pensions
- Welsh Government
- Wales Audit Office
- National Fraud Initiate (NFI)
There may be occasions when your information may need to be shared, internally within the council and also with external organisations where we required to do so by law, in the detection of fraud, the prevention of crime, to safeguard public safety, and in risk of harm or emergency situations. Any information which is shared will only be shared on a need to know basis, with appropriate individuals. Only the minimum information for the purpose will be shared
- The police
- Imposition of Tax collection
- Rent Smart Wales
- Rent Officer Service
- Health and social care organisations
- Internal Council departments- trading standards, planning & environmental health.
We will not:
- Use your information for marketing or sales purposes without your prior explicit consent.
- Send or store your data abroad
- Make decisions about you based on automated processing
Data processors are third parties who provide elements of our services for us, such as IT systems and suppliers who handle or collect personal data on behalf of the Council.
We have contracts in place with our data processors and a data processing agreement. This means that they cannot do anything with your personal information unless we have instructed them to do so.
They will not share your personal information with any organisation apart from the Council or approved sub-contractors. Data processors are required to hold any personal information securely and to retain it for the period we instruct. Current data processors are:
- Northgate Public Services LTD- host provider of the legacy computer system
- DSI Billing Ltd - format, print & issue benefit Notifications
- Excel Civil Enforcement Ltd - who are the Councils contracted enforcement agents
- Data Tank, Experian, callcredit & Magnet Solutions - Credit reference agency who undertake reviews and verification, fraud prevention and to pursue debt.
We will take appropriate steps to make sure that the personal information we hold, in paper format or electronically, is kept securely and only used by people who are authorised to do so.
The Council's security measures include encrypting personal data and equipment, system access controls and training in data protection to all staff.
Where another company or organisation processes personal information on behalf of the Council, they will only process your personal information in line with the Council's instructions and are obliged to provide security assurances to the Council.
We will only keep your information for the minimum period necessary. The information outlined in this privacy notice will be kept after all action on your claim has finished and the period required by the council for legal and audit purposes has passed. All information will be held securely and destroyed confidentially when retention date is reached.
- Data Inaccuracies- You have the right to request that any inaccuracies in your personal data be corrected. Please notify us in writing, what you believe is incorrect and what it should be replaced with. Write to Income & Awards, PO Box 71 Llandrindod Wells, Powys, LD1 9AQ.
- Withdraw consent - If the processing of data is based on consent you can request the consent be withdrawn. Write to Income & Awards, PO Box 71 Llandrindod Wells, Powys, LD1 9AQ.
- Access to personal data -You may request access to personal data we hold about you. Subject access requests should be made in writing to the Data Protection Officer.
If you are unhappy with the way in which your personal data has been processed you may in the first instance contact the Powys Data Protection Officer by writing to:Data Protection Officer,Powys County Hall,Spar Road East,Llandrindod Wells,Powys,LD1 5LG
Telephone: 01597 826000
If you remain dissatisfied, then you have the right to apply directly to the Information Commissioner for a decision. The Information Commissioner can be contacted at:
Information Commissioner's Office,
Below are the contact details of the Data Protection Officer:Data Protection Officer,Powys County Hall,Spar Road East,Llandrindod Wells,Powys,LD1 5LG