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GDPR and other claimants paperwork at appeal

benefitsadviser
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Sunderland West Advice Project

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Scenario : Client A is at tribunal appealing PIP decision. He is married

Both retired , both get PIP and both get carers premium

DWP trying to undermine client A PIP award by saying he gets Carers (yes, I know….)

On day of tribunal the DWP at the last minute pull out his wifes PIP claim form, with NI number, name, GP details etc.

His wife did not give her permission for her details to be used at the hearing

Is there a data breach here? I understand they can rake out HIS details to support their argument but I wasn’t aware they could use other peoples claim details without their knowledge or permission.

Thoughts?

ClairemHodgson
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Solicitor, SC Law, Harrow

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benefitsadviser - 11 April 2019 03:11 PM

Scenario : Client A is at tribunal appealing PIP decision. He is married

Both retired , both get PIP and both get carers premium

DWP trying to undermine client A PIP award by saying he gets Carers (yes, I know….)

On day of tribunal the DWP at the last minute pull out his wifes PIP claim form, with NI number, name, GP details etc.

His wife did not give her permission for her details to be used at the hearing

Is there a data breach here? I understand they can rake out HIS details to support their argument but I wasn’t aware they could use other peoples claim details without their knowledge or permission.

Thoughts?

i should have thought there was, working from first principles.  Quite apart from anything else, there might be something about his wife’s condition that she hasn’t told him, for good reason…..(unlikely, but it can happen)

But as discussed elsewhere, the DWP’s attitude to GDPR leaves much to be desired (in both directions!)

perhaps a letter to the ICO, cc’d to the DWP solicitor?  given the ICO is now on notice of the DWP’s inability to do this right….

Bonnie
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BABL. Bridgend Citizens Advice

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I have come across the same thing! In tribunal and the DWP PO pulls out the carers PIP form.
Carer immediately expressed his concerns and Judge adjourned appeal based on PO approach. The appeal is not yet listed for another hearing.
Client and carer are seeking legal advice.
Would be interesting to see how this develops.

BuDS-BIE
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Benefits Information Team, Buckinghamshire Disability Service (Buckinghamshire)

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On day of tribunal the DWP at the last minute pull out his wifes PIP claim form, with NI number, name, GP details etc.

His wife did not give her permission for her details to be used at the hearing

Is there a data breach here? I understand they can rake out HIS details to support their argument but I wasn’t aware they could use other peoples claim details without their knowledge or permission.

Thoughts? [/quote]

Claimants give wide discretion to the Department in the use of their data when applying, so this might not be a breach. There’s also the general saving for evidence produced to a court. Would be interested to see the outcome.

NAI
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Unclaimed Benefits Campaign, Middlesbrough CAB

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Outwith any ICO or GDPR considerations, at the very least, the PO and DWP are not cooperating with the tribunal and complying with the overriding objective (Rule 2).

I would ask the tribunal to note a protest about the attempt of the PO to introduce evidence without this being available to the tribunal, appellant and representative for a reasonable period in advance of the hearing. I would also point out that the department had a duty to disclose relevant information. I would invite the tribunal to disregard such evidence given the way it has been introduced and proceed.

If the tribunal declined to do so and it has an adverse effect, I would request a Statement of Reasons and Record of Proceedings and think about a UT appeal.