DWP and my data protection

Blagger

Hi

This is my first post here, I found the site through typing my question into Google.

I have a question and was wondering/hoping someone here might know the answer or be able to point me in the right direction.

I was out of the country for 5 weeks in Jan and Feb this year. I was staying with a friend in Denmark.

This morning I received a letter from the I assume DWP (Jobcentre plus) asking me on what dates I was out of the country.

My question is this, does the DWP or Jobcentre plus have access to my travel information (passport being swiped etc) and they already know my movements or is this information protected by the data protection act.

I stayed out of the UK longer than I wanted for 2 reason, I was very sick for the week I was hoping to return and it was increasingly hard to travel because of the very severe weather conditions around that week.

My concern is I am going to be penalized for being out of the country for 5 weeks and I am half tempted to avoid the hassle by saying I was out for less time than I actually was.

Reading my post back to myself it does sound a bit dodgy doesn't it. I assure you it isn't and I have kept back a wealth of other informationj because like most people dealing with ATOS the DWP etc my story is long and surreal tale.

So can I fib and say I was back earlier than I actually was or is it ok to be out for over a month?

Anyone?

dmg24

For what reason are they asking? Were you in receipt of benefits at the time, and if so, which ones? How do they know that you were out of the country at all?

Blagger

Hi,

That is a good question "how do they know I was out of the country"? I am starting to suspect someone has informed the DWP I was out of the country in Jan for reasons only known to them?

I was in receipt of benefits at the time, yes. That answer isn't as black and white as that though.

Back in 2008 I was on incapacity, then attended an ATOS exam and failed. My appeal tribunal took until Feb 2010 to be heard. In the meantime DWP sent me on another ATOS medical in Dec 2009 (1 year after the first) and this time awarded me disability rating.

So in Dec of last year the DWP started paying me ESA not incapacity. I attended the first pathways to work interview which is with a job centre employee/rep not a third party contractor. At this interview I requested to the job centre rep that I would like to be unavailable for Jan as I was taking a break for a couple of weeks. She was fine about this and booked my next appointment for Feb.

Whilst in Denmark I noticed my bank acc was not credited in Jan.

On my return to the UK in Feb I attended my next pathways interview and also my tribunal court hearing ( I won btw). And have since been trying to get information out of the DWP why they stopped my benefits back in Jan this year.

My local MP is on the case and has telephoned me and written to me on his progress. The DWP informed the MP's office I now resided in Denmark. The MP's office advised I send a letter recorded delivery to DWP stating the fact I resided in the UK. (this is a weak argument, I attend pathways interviews I attend court I attend hospital every month in the UK)

Several letters from me later.. I received in the post this morning a P45? I haven't worked in 14 years due to my disabilities. I also received a letter from job centre plus stating the following;

"I note you have won your appeal; arrears of Income Support are due dating back to Dec 08. In order for me to proceed with this application I need to know the dates you were out of the country in Denmark."

Still rather confusing, they send me a P45 and a letter like that?

I still have no confirmation or acknowledgement of why they stopped my benefits in Jan this year or when or if they intend to pay me again if ever?

I have been jumping through hoops for the DWP for three years now and am very very reluctant to give them the slightest excuse to make me jump though any more. Which is why I ask can I avoid more hoop jumping if I just say I was out for 3 weeks, for some reason I have got it in my head that if I am out for 4 weeks or more I am penalised or something?

p00hsticks

Blagger wrote: »

Hi

My concern is I am going to be penalized for being out of the country for 5 weeks and I am half tempted to avoid the hassle by saying I was out for less time than I actually was.

If you are suggesting (and apologies if you are not ) that you are thinking of lying that you were in the country when you weren't in order to get benefits that you aren't entitled to, then believe me you certainly won't 'avoid any hassle' - you'll be bringing far more onto yourself.

Blagger

That is exactly what I am saying p00hsticks. Well not quite that. I am saying I am considering lying yes. I am not saying I am trying to obtain benefits I was not entitled to.

See my reply to dmg24 above for my reasoning.

dmg24

I would never condone lying to the JCP, firstly because it is the taxpayers money so if you are not entitled you should not be claiming, and secondly because they will find out. Whilst I do not believe they have access to the Borders Agency records (though I could be wrong), they can ask for your bank statements, and these will no doubt give you away.

If you did lie and they did not believe you, the next step would be an interview under caution. Continue to lie at this point, and you will eventually find yourself in court. If it gets this far, Borders Agency records can be used as evidence against you.

Blagger

Hmm nevermind, I don't think I made myself clear in my post. It isn't about claiming for money I am not entitled too.

So the next question would be.. does anyone know the law on this area? I mean did I compromise myself by being out of the country for 5 weeks?

dmg24

Anything more than four weeks will affect your claim. Exceptions can be made where there is a valid reason for you not being able to return, such as illness. However, you would need proof of your original return date (i.e. a travel ticket), and medical evidence of your inability to travel.

Given the information they already have, I would not even think of lying.

real1314

Blagger wrote: »

Hmm nevermind, I don't think I made myself clear in my post. It isn't about claiming for money I am not entitled too.

So the next question would be.. does anyone know the law on this area? I mean did I compromise myself by being out of the country for 5 weeks?

Let me ask you a simple question:-

Did you tell the DWP that you were out of the country?

If not, you may have already committed benefit fraud.

Why don't you try telling them something revolutionary - the truth?

WhiteHorse

Blagger wrote:

The DWP informed the MP's office I now resided in Denmark.

Where did they get this information?

Perhaps your MP should put that question to them, pointing out the implications of a breach of Data Protection legislation.

Even if the 'information' was entirely malicious, it has still been entered in your data record. Thus, the DWP had no business disclosing it to anyone.

On a different aspect - if you are out of the country for so long, you become the responsibility of the country concerned. They could simply be trying to palm you off onto another agency.

dmg24

real1314 wrote: »

Why don't you try telling them something revolutionary - the truth?

That concept seems rather out of fashion!

WhiteHorse wrote: »

Where did they get this information?

Perhaps your MP should put that question to them, pointing out the implications of a breach of Data Protection legislation.

Even if the 'information' was entirely malicious, it has still been entered in your data record. Thus, the DWP had no business disclosing it to anyone.

The OP's MP was acting with his authority, so no DPA breach.