Can DWP legally access my bank account?

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Hi,

This is a very long and protected issue so I will keep it to the point.

I underwent reassessment for PIP and ESA where my benefits were cut substantially. Whilst undertaking the appeals process and after over 6 months of minimum benefit from DWP, I could not afford to cover my outgoings and therefore borrowed from family in order to be able to do so (please note these funds were paid into my account around 8 months ago).

I was today contacted by a Compliance Officer from the DWP questioned why I had payments other than my benefits. Having explained this they were satisfied but have advised they could require further proof.

In short, are the Department of Work & Pensions allowed to access my bank account?
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  • marliepanda
    marliepanda Posts: 7,186 Forumite
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    83SMW wrote: »
    Hi,

    This is a very long and protected issue so I will keep it to the point.

    I underwent reassessment for PIP and ESA where my benefits were cut substantially. Whilst undertaking the appeals process and after over 6 months of minimum benefit from DWP, I could not afford to cover my outgoings and therefore borrowed from family in order to be able to do so (please note these funds were paid into my account around 8 months ago).

    I was today contacted by a Compliance Officer from the DWP questioned why I had payments other than my benefits. Having explained this they were satisfied but have advised they could require further proof.

    In short, are the Department of Work & Pensions allowed to access my bank account?

    Whilst you are claiming benefits, yes.
  • Topcat1982
    Topcat1982 Posts: 391 Forumite
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    Yes, don't worry you haven't done anything wrong.

    Should be easy enough to prove this came from family member's personal bank account and not a business.
  • TELLIT01
    TELLIT01 Posts: 16,486 Forumite
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    If they have reason to believe fraud may have been committed then they certainly can access bank records.
  • Alice_Holt
    Alice_Holt Posts: 5,950 Forumite
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    AS Tellit01 says only if fraud is suspected.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • TELLIT01
    TELLIT01 Posts: 16,486 Forumite
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    They can also request bank statements at any time. If you fail to provide them they can/will suspend payment.
  • konark
    konark Posts: 1,260 Forumite
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    DWP can access anybody's bank account, but only if they are investigating suspected fraud. I'd be asking them what grounds they had for suspecting me of fraud and why they believed a single payment 8 months ago from a non-commercial account could constitute some form of regular income.
  • tomtom256
    tomtom256 Posts: 2,217 Forumite
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    konark wrote: »
    DWP can access anybody's bank account, but only if they are investigating suspected fraud. I'd be asking them what grounds they had for suspecting me of fraud and why they believed a single payment 8 months ago from a non-commercial account could constitute some form of regular income.

    It could be the investigation has been going on that long. It could also be that the statements were not obtained just to prove income.

    There are capital checks, LT checks, living beyond means etc to name a few reasons for obtaining bank statements.
  • Gaz1971
    Gaz1971 Posts: 488 Forumite
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    83SMW wrote: »
    Hi,

    This is a very long and protected issue so I will keep it to the point.

    I underwent reassessment for PIP and ESA where my benefits were cut substantially. Whilst undertaking the appeals process and after over 6 months of minimum benefit from DWP, I could not afford to cover my outgoings and therefore borrowed from family in order to be able to do so (please note these funds were paid into my account around 8 months ago).

    I was today contacted by a Compliance Officer from the DWP questioned why I had payments other than my benefits. Having explained this they were satisfied but have advised they could require further proof.

    In short, are the Department of Work & Pensions allowed to access my bank account?

    Why did they suddenly look at your bank account?
  • UKTigerlily
    UKTigerlily Posts: 4,702 Forumite
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    Maybe it was one of the random checks they do, but they usually ask you to go in & take bank statements
  • Gaz1971
    Gaz1971 Posts: 488 Forumite
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    Yes but they haven't asked the OP for statements for the account, but have already got access to his accounts, I thought they needed a court order first?
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