Service: Revenues and Benefits

 

Processing Activity:  Benefits Administration

 

The Data Controller, Mid Devon District Council, Phoenix House, Phoenix Lane, Tiverton, EX16 6PP.

Tel: 01884 255255

Email: customerservices@middevon.gov.uk

 

Mid Devon District Council (MDDC) is registered as a data controller with the Information Commission (registration number Z5826451).

The Data Protection Officer: Contactable by emailing dpo@middevon.gov.uk

What we collect and why

Some information we require is essential – we cannot consider your application without it. Whilst some information is optional. However, if you choose not to tell us something this may mean that we may not make the right decision or be able to progress with your application.

• Personal details including your current and any past names, nationality, date of birth, gender and national insurance number (including partners, dependents or any other household members details)
• Address information including the date you moved in, legal interest in your home, landlord’s or letting agent’s details including details of your tenancy (if you rent)
• Financial information including your income, benefits received, expenditure, details of any debts, bank and building society details, account balances, savings, any money from inheritance and properties and business you own
• Employment details including employer’s name, contract information, hours of work, pay and deductions
• Physical or mental health information including your doctor or hospital consultant’s details
• Preferred contact details, which could be a phone number and/or email address

We will also hold these details for any partner you may have, along with details confirming names, dates of birth and, where relevant, national insurance numbers and financial details of other members of your household. The administration of benefits will include various activities to ensure the accuracy and timeliness of benefit payments such as calculation of entitlement; processing of payment files; internal and external audits; system maintenance; and quality assurance checks.

The main source of collection of your personal data will be from you as a Mid Devon property owner or resident, your landlord or property agent.

If you are an applicant for Housing Benefit, Council Tax Reduction, Discretionary Housing Payment or Exceptional Hardship Fund. Your information may be referred to us by a third party such as The Department for Work and Pensions and the Pension Service, a Landlord, Agent, Welfare advice agency or another service area within the council.

Some benefit decisions may be made through automated processes. If you would not like your claim to be dealt with using automated processes, please contact us at benefits@middevon.gov.uk

When assessing eligibility for support we may also obtain information about you, your household, your employment and income details from the Department for Work and Pensions, His Majesty’s Revenues and Customs, the Home Office, The Pension Service, employers, Landlords and agents and other service areas of MDDC.

Where we process special category data relating to your health, in connection with assessing eligibility for support, this will only be processed in accordance with Article 9 of the UK General Data Protection Regulation. For more details of how Mid Devon process special category data please read here.

We are using your personal information for the purpose of administering Benefits (including Housing Benefit, council tax reduction, discretionary housing payment, exceptional hardship fund applications and recovering Housing Benefit overpayments) on the basis of a legal obligation (Article 6(1)(c)) and public task (Article 6(1)(e) under the Social Security Administration Act 1992, Housing Benefit General Regulations 2006 (as amended), Housing Benefit (persons who have attained the qualifying age for state pension credit) Regulations 2006 (as amended), Welfare Reform Act 2012, The Discretionary Financial Assistance Regulations 2001, The Council Tax Reduction Schemes (Prescribed Requirements) Regulations 2013 (as amended)

We may also use your contact details and case history to communicate with you when we are consulting on, or implementing, changes to the council tax reduction working-age scheme in accordance with our obligations under the Local Government Finance Act 2012.

We will, through data provide on separate applications, use your data to help to inform us of where additional local welfare support funding for low-income families, such as administration of the Household Support Fund, and other hardship funds. This is done my application with your consent and this can be withdrawn.

Your personal information will be stored securely and will not be accessible to anyone else, including other services within the Council, unless detailed above.

Who will receive and see the personal data

Your personal information will be available to be seen by those within the Revenues and Benefits Service for the purpose of assessing and administering your application, recovering any Housing Benefit overpayments and by our support services (such as the Legal and Finance Teams and third party payment handler) where necessary to carry out the purpose and supporting functions such as payment of housing benefit to your bank account.

Your data will be provided to internal service areas including Housing, Electoral Services, Environmental Health and Council Tax for the purpose of carrying out our regulatory functions and legal obligations including those under the Homelessness Reduction Act 2017 and the Environmental Protection Act and for the purpose of identifying and preventing fraud.

We may also share information with our corporate safety officer when our staff safety is viewed as being at risk. Information may also be shared with partner agencies during safeguarding investigations; for fraud identification and prevention; and in relation to our Prevent duty pursuant to the Counter Terrorism Act and associated legislation.

Externally, we may share information about you with other billing authorities for the purpose of recovering debt; and your name, national insurance number, date of birth, household composition, payment and account information with the Child Support Agency, DWP, NFI, credit reference companies; HM Courts and Tribunal Services and HMRC for the purposes of assessing liability and for fraud identification and prevention.

Your claim information is processed by external printers acting on the council’s behalf.

Through the application process for the Household support fund we may share your data with MDDC partners, Including CHAT, Navigate and other partners in order to provide resilience support. We may also discuss your application with your Landlord where authorised, by you, or where regulations require us to do so.

Your personal information will be stored securely and will not be accessible to anyone else, including other services within the Council, unless detailed above.

Retention

All your personal information will be held by us only for as long as is necessary and then in accordance with any legal requirements imposed upon us and the MDDC’s retention schedule. For more information please go to our website to view our Retention Schedule.

Transferring personal information outside of the EU

Your personal information will not be transferred outside the EU or to any international organisations by the Council unless lawful to do so. It should be noted that the Council has no control over those accessing its online public registers nor what someone does with any information they obtain from them.

Your rights

Whatever our use of your personal information you have the right of access to that personal information (this means confirmation that we are using your personal information, access to it as well as other detail) and the right to seek rectification if the information is inaccurate.

As we are processing your personal data on the basis of public task and legal obligation, you have the right to object and to restrict processing.

Also, if you object to our use of your personal information and there is no overriding legitimate interest for us to continue using it or we have used your personal information unlawfully or it is no longer necessary for us to have the personal information, the right to erasure is also available to you.

Details on each of these rights and to how you exercise can be found on our website Here.  

Complaints

If you are dissatisfied with the way the Council has used your personal information then you may wish in the first instance to make a complaint to the Data Protection Officer. This can be done by;

Writing to: Data Protection Officer, Mid Devon District Council, Phoenix House, Phoenix Lane, Tiverton, EX16 6PP.

You can also email: DPO@middevon.gov.uk .

Alternatively, or if you remain dissatisfied following your complaint to the Data Protection Officer, you may lodge a complaint with The Information Commissioner. The Information Commissioner is the UK’s independent body set up to uphold information rights. The IC can help and advise you on all matters relating to data protection.

Information Commission

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Tel: 0303 123 1113

Email: casework@ico.org.uk