Income and Awards Privacy Notice

Introduction

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.

The Debt Respite Scheme (Breathing Space) Privacy Notice

Why we collect your data

Awards department - 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, winter fuel payments, free school meals, disabled facilities grants, flood 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.
Council Tax and Business Rates department - Powys County Council as a data controller collects your personal data, including name, address, telephone number (mobile and landline) and e-mail address, in order to:
- Bill, collect and recover Council Tax and Business Rates, through all available means including text reminders, outbound telephone calls and paper demands and recovery notices.
- Provide any business grants or payments on behalf of Welsh Government (e.g. Cost of living support scheme payments, winter fuel payments or flood grants).

We will only collect the personal data from you we need in order to provide these services to you, and prevent and detect fraud and error and process your data in a fair and lawful way.

For the Prevention and Detection of Fraud And Error - Powys County Council as a data controller will collect personal data from you specifically for this lawful purpose. The personal data asked for from you may be needed for the service provision you have requested from us but if not, it will be collected for this specific purpose as well. The personal data intended to be used for below will include Name, Address, Date of Birth, National Insurance Number. We will then use this personal data as follows:-
a) Preventing and detecting fraud via intelligence gathering and data matching. This allows the Council to gather and hold data for intelligence and matching purposes across Council records and with wider legal data sources to identify potentially fraudulent claims or requests or those made in error. Where a match is found and two or more records have contradictory or conflicting information, the inconsistency will require further investigation. No assumption is made whether there is fraud, error or other explanation until an investigation is carried out. Regardless, the data matching process is a proven way of helping to ensure that records are up-to-date and accurate.
b) Allegations of fraud referred to Powys Investigation team will be matched against data held to see what information is already known about the person / property. The personal data gather and information gathered will then be further investigated.

Sensitive Personal Data

As part of the application process, for these services Powys County Council may collect personal data, including sensitive personal data about you and your family.

This information collected may include:

Awards Department

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.

Council tax

Details about you and your partner, such as your address, bank details, health data and personal circumstances.
Details about other people that live with you, such as children and other adults, including their address, health data and personal circumstances.
Telephone numbers and email addresses.

Business Rates

Details about you and your partner, such as your address, dates of occupation and non-occupation and bank details.
Telephone numbers and email addresses.

We will check some of the information with other sources to ensure the information you have provided is accurate and that no fraud or error has occurred.

For the Prevention and Detection of Fraud And Error -The personal data intended to be used for below will include Name, Address, Date of Birth, National Insurance Number.

Accurate Information

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.

What is lawful basis for processing the data

Automated Decisions

We may use automated decision-making processes in delivering services. These processes may involve decision-making based on personal data that you provide us through online forms and/or financial data received from the DWP. You have the right to object to these decisions, request human intervention, and access information about the logic involved.

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
The Council Tax (admin and Enforcement) Regs 1992, as amended
Debt Respite Regulations 2020
The Local Audit and Accountability Act 2014, schedule 9
Official Secrets Act 1989;
Data Protection Act 2018
Freedom of Information Act 2000;
Human Rights Act 1998;
Copyright (Computer Programs) Regulations 1992;
The Code of Data Matching Practice
Local Government and Public Involvement in Heath Act 2007;
Serious Crime Act 2015;

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.

When will we share your data

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 using your contact details to contact you about Council services.

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. This may also include sharing data to help undertake specific benefit take up campaigns.

To process any 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
Office for National Statistics
National Fraud Initiate (NFI)
Local fraud initiatives - we will check and share personal data collected for the prevention and detection of fraud and error with wider legally accessible data sources and will check data against credit reference agencies as well

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,
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 legally appropriate basis, with appropriate individuals or organisations including but not limited to the following:-

The police
HMRC
Imposition of Tax collection
Rent Smart Wales
Rent Officer Service
Health and social care organisations
Internal Council departments- trading standards, planning & environmental health.
Valuation Office Agency
Insolvency Service
Other Councils

We will not:

Use your information for marketing or sales purposes without your prior explicit consent.
Send or store your data abroad

Data Processors

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:

NEC Software Solutions - host provider of the legacy computer system
Civica - document management provider
Advice Pro - Case management system
DSI Billing Ltd - format, print and issue outgoing documents
Excel Civil Enforcement Ltd and Jacobs Enforcement- who are the Councils contracted enforcement agents
TransUnion Credit Reference Agency who undertake verification and reviews, fraud prevention and to pursue debt.
Policy In Practice - for the purposes of identifying low income households and improving local welfare provision

How we keep your data safe

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. They are obliged to provide security assurances to the Council.

How long will we keep your data

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 account and/or 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. The council's data retention and destruction schedule can be viewed at Retention and destruction of records.

Your rights

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.

How to make a complaint

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,
Spa Road East,
Llandrindod Wells,
Powys,
LD1 5LG

Email: foi@powys.gov.uk

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,
Wycliffe House,
Water Lane,
Wilmslow,
Cheshire,
SK9 5AF

www.ico.org.uk

Data Protection Officer

Below are the contact details of the Data Protection Officer: