Housing benefit and council tax support privacy notice
Updated: 4 August 2021
Our contact details
Name: Data Protection Officer
Address: Time Square, Market Street, Bracknell, RG12 1JD
Phone Number: 01344 352000
The type of personal information we collect
We currently collect and process the following information:
- surname, forename and title
- date of birth
- address and postcode
- previous address and postcode
- phone number
- marital status
- National Insurance number
- your nationality and whether you have lived in the UK for the last 2 years
- financial details including your income and any bank accounts you have
- student details
- information about where you live including tenancy details, rent charged, type of property you live in and your landlord details
- details of all people who live in your household including their gender, relationship to you and your partner, and proof of their personal circumstances
We also collect the following special category information:
- whether you have a disability
How we get the personal information and why we have it
Information is collected from you as the service user by:
- online forms
- hard copy documents
- face to face discussion
This information will be collected from either you directly as the data subject, or from a representative acting on your behalf.
Information may also be collected from data that you supplied to:
- The Department for Work and Pensions (DWP)
- HM Revenue and Customs (HMRC)
- 'Tell Us Once' service
Information to help us assess your entitlement could come from:
- council tax
- fraud teams
- children’s services
- housing services
- other councils that you have lived in or are moving to
To improve the service we deliver we may also use your information to communicate with you and provide services appropriate to your needs.
This could include help with applications for these services:
- discretionary housing payment
- council tax hardship payment
- blue badge
- disabled facilities grant
- help with supporting people services
- residential care
- domiciliary care - such as day care, home helps and meals
- free school meals
- food support and other support programmes
We may also use information to identify and support people who are at risk of becoming homeless.
Information provided to the welfare service may also be used to assess liability for council tax or to help in the recovery of unpaid council tax or housing benefit overpayments.
The welfare service collects personal data for the purpose of processing applications for housing benefit and council tax support. These are means tested benefits and information will be used to assess your entitlements to these benefits and for the detection and prevention of fraud.
How the law allows us to use your personal information
Under the General Data Protection Regulation (GDPR), the lawful basis we rely on for processing this information is to perform a public task.
Those tasks have a clear basis within the following legislation governing housing benefits, council tax support and Universal Credit:
- Social Security Administration Act 1992
- Social Security Contributions and Benefits Act 1992
- The Child Support, Pensions and Social Security Act 2000
- Housing Benefit Regulations 2006
- The Welfare Reform Act 2012
- The Welfare Reform and Work Act 2016
- Local Government Finance Act 1992
- Local Government Finance Act 2012
- The Fraud Act 2006
- The Council Tax Reduction Schemes Regulations 2013
Lawful basis for processing
Under the General Data Protection Regulation (GDPR) the lawful basis for processing is Article 6 GDPR:
- (c) processing is necessary for compliance with a legal obligation to which we are subject
- (d) processing is necessary in order to protect the vital interests of the data subject or of another natural person
- (e) a task carried out in the public interest
Special category data
Special category data is being processed under Article 9 GDPR:
- (e) processing relates to personal data which are manifestly made public by the data subject
- (g) necessary for reasons of substantial public interest
Who we share your information with
To process claims and fulfil our duties as a benefit provider we may need to share information with other organisations we work with or those who provide services on our behalf.
- other council departments – in order to provide and include services and protect public funds
- your landlord – if we make housing benefit payments directly to your landlord we will only share information about payment of benefits
- your employer – to get back any money that has been overpaid to you
- external enforcement agencies - for the collection of overpaid housing benefit, where appropriate
- the cabinet office - for the purposes of a data matching exercise called the national fraud initiative - the purpose of this exercise is to detect fraud and error and the council is legally required to participate
- other councils
- processing partners
- Tribunal Service – after an appeal against a housing benefit decision
- Valuation Service – after an appeal against a council tax support decision
- contractors who provide agency staff – to assess benefit applications
- elected members – to resolve queries when acting on your behalf
Occasionally, your information may be accessed by contracted IT providers. Access by IT providers will only be for reasons of technical support, and any viewing of data will be incidental to this.
There are other specific situations where we may be required to disclose information about you, such as:
- where we are required to provide the information by law
- where disclosing the information is required to prevent or detect a crime, including fraud
- where disclosure is in the vital interests of the person concerned
How we store your personal information
Your information is stored electronically on:
- secure encrypted laptops
- our document imaging system and secure electronic benefits system
- your Housing Benefit and Council Tax Support Benefit decision letters are stored via the online benefits portal and you will be required to create a My Benefits account to view your letters, unless you have indicated you require any service adjustments, your letters are only available to view online
- shared drives for which access is restricted to the team for which the data is necessary
Data will not be kept for longer than is necessary and is kept in line with the council’s retention and disposal schedule. We will dispose your information by securely destroying any data we hold.
Your data protection rights
Under data protection law, you have rights we need to make you aware of. The rights available to you depend on our reason for processing your information.
Your right of access
You have the right to ask us for copies of your personal information. This right always applies. There are some exemptions, which means you may not always receive all the information we process.
Find out more about your right of access from the ICO.
Your right to get your data corrected
You have the right to ask us to correct information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete. This right always applies.
Find out more about your right to get your data corrected from the ICO.
Your right to get your data deleted
You have the right to ask us to delete your personal information in certain circumstances.
Find out more about your right to get your data deleted from the ICO.
Your right to limit how organisations use your data
You have the right to ask us to limit the processing of your information in certain circumstances.
Find out more about your right to limit how organisations use your data from the ICO.
Your right to object to the use of your data
You have the right to object to processing if we are able to process your information because the process forms part of our public tasks.
Find out more about your right to object to the use of your data from the ICO.
Your right to data portability
This only applies to information you have given us. You have the right to ask that we transfer the information you gave us from one organisation to another, or give it to you.
The right only applies if we are processing information based on your consent or under, or in talks about entering into a contract and the processing is automated.
Find out more about your right to data portability from the ICO.
Making a request
You are not required to pay any charge for exercising your rights. If you make a request, we have 28 days to respond to you.
To make a request, contact us by emailing: firstname.lastname@example.org
As a public authority and a provider of services to the public, we have a legal duty to comply with the Equality Act 2010.
This means we need to make service adjustments for anyone with a disability who contacts us in any capacity, to eliminate any barriers to accessing our services.
Our lawful basis for processing this information is article 6(1)(c) of the GDPR as we have a legal obligation to provide this. Our processing of special category data, such as health information you give us, will be based on article 9(2)(a), which means we need your consent.
We will create a record of your adjustment requirements. These will give your name, contact details and type of adjustment required, along with a brief description of why it is required. Relevant staff can access this to make sure they are communicating with you in the required way.
Please contact us should you require service adjustments.
How to complain
If you have any concerns about our use of your personal information, you can make a complaint to us at email@example.com.
You can also complain to the ICO if you are unhappy with how we have used your data by:
- visiting the ICO website
- phoning the ICO helpline on 0303 123 1113
Information Commissioner’s Office
- Information Commissioner’s Office