Attendance Allowance and holidays abroad

powerful_Rogue

Mersey wrote: »

It actually does, due to the Data Protection Act.


However, (only) if fraud is suspected there is an exception - s29(3) DPA - which allows Govt departments and insurers to seek info from banks and share this with other Govt depts etc.


[However, it always amuses me on here when posters attempt to scare people into believing the DWP has the desire, competence or capacity to check whether eg all 3m claimants went on holiday abroad for a week last year.]

You need to look a lot deeper then the Data Protection Act. Have a look at legal gateways.

I never said they would look at all 3M claimants holiday movements, however I was saying as part of on investigation. Very wrong of you to give people incorrect information.

Mersey_2

Actually you stated that the DWP had access, so I'd suggest you were the one misleading claimants on here with that open ended suggestion. Of course, only in fraud investigations would this even be considered and then the data sought. I merely stated fact and the relevant legislation which has to be cited to share such info between Govt depts.

powerful_Rogue

Mersey wrote: »

Actually you stated that the DWP had access, so I'd suggest you were the one misleading claimants on here with that open ended suggestion. Of course, only in fraud investigations would this even be considered and then the data sought. I merely stated fact and the relevant legislation which has to be cited to share such info between Govt depts.

I think you'll find my actual words were:

Although just because it isn't collected on behalf of the DWP, doesn't mean they cant have access to the information.

Which is true, if the DWP want to access the information they can use a legal gateway to do so.

Your legislation is not 100% correct. Again, have a look at legal gateways that allows Government departments to quickly and easily share information with each other.

Mersey_2

I've no idea what you think you mean by stating the legislation isn't 100% correct. Perhaps you'd like to challenge the DPA, by way of Judicial Review? It isn't my legislation: it's UK statute and the live provision which gives permission (and it is a useful tool in combating fraud).


Yes, if suspected - then the info can be sought in writing.


But it's only fair you realise that if you know of any widescale or unauthorised access (without citing the relevant provison), this should be reported to the ICO, as it's a breach and potentially a criminal offence.


Data sharing is now more prevalent and of course, necessary eg checking if someone is on the Electoral Roll to prevent money laundering etc [although the Electoral Roll is publicly available in any library].


But in case you - or more importantly any readers - are in any doubt: Government departments cannot merely undertake widespread data sharing, unless they comply with the law. Indeed, the Information Commissioner's Office found the DWP to be in breach of the law 20 times in 2013 and local Councils 297 times! Even the police undertook 3 criminal breaches of the DPA in 2013. A few rogue employees of the DWP and Councils have even been jailed for looking up and sharing data with landlords who were attempting to gain info about their tenants without their consent.


Thankfully in this area no Government dept is beyond the law [even the CPS, MoJ and N Ireland Office have been fined for breaches of the DPA]

MissMoneypenny

Mersey wrote: »

True, but not by the DWP.

The information goes to the Home Office and government departments are now linked - they share data. I don't why this was never done before!

Mersey_2

Yes, that's sensible. Theresa May brought both the UKBA and The Passport office back under Home Office control. Hardly surprising given the Counter Terror threat.

FBaby

The files you keep attaching (which I am certainly not going to read in full) make comments on how long someone has to be in the country but nothing about a 12 month rolling period.

Isn't that an oxymoron?, ie, if you don't read something in its entirety, how do you know what it mentions or not?

Not sure if it is an issue with the regulations being beyond what you can comprehend, or whether you don't want to read what challenges your lifestyle but no need to say that I couldn't care less what you make of it.

Hopefully posting these regulations might help another reader.

powerful_Rogue

Mersey wrote: »

I've no idea what you think you mean by stating the legislation isn't 100% correct. Perhaps you'd like to challenge the DPA, by way of Judicial Review? It isn't my legislation: it's UK statute and the live provision which gives permission (and it is a useful tool in combating fraud).


Yes, if suspected - then the info can be sought in writing.

But it's only fair you realise that if you know of any widescale or unauthorised access (without citing the relevant provison), this should be reported to the ICO, as it's a breach and potentially a criminal offence.


Data sharing is now more prevalent and of course, necessary eg checking if someone is on the Electoral Roll to prevent money laundering etc [although the Electoral Roll is publicly available in any library].


But in case you - or more importantly any readers - are in any doubt: Government departments cannot merely undertake widespread data sharing, unless they comply with the law. Indeed, the Information Commissioner's Office found the DWP to be in breach of the law 20 times in 2013 and local Councils 297 times! Even the police undertook 3 criminal breaches of the DPA in 2013. A few rogue employees of the DWP and Councils have even been jailed for looking up and sharing data with landlords who were attempting to gain info about their tenants without their consent.


Thankfully in this area no Government dept is beyond the law [even the CPS, MoJ and N Ireland Office have been fined for breaches of the DPA]

I'm fully aware and upto speed on the DPA. Are you aware and/or have an understanding of what legal gateways are?

It's all well and good saying there have been breaches and quoting numbers, but any specific to the current discussion where government departments have shared information with each other and been found to be in breach?

bspm

FBaby wrote: »

Isn't that an oxymoron?, ie, if you don't read something in its entirety, how do you know what it mentions or not?

Not sure if it is an issue with the regulations being beyond what you can comprehend, or whether you don't want to read what challenges your lifestyle but no need to say that I couldn't care less what you make of it.

Hopefully posting these regulations might help another reader.

Ok, I said I wasn't typing to you anymore but you seem very twisted somehow.

I AM in the country for 26 weeks of a 52 week period. We go to Florida four times (3 weeks each visit) we also grab 4 x 1 week breaks in either Crete, Majorca or possibly Malta or Portugal (another 4 weeks) total

So in TOTAL i am away from Great Britain 16 weeks a year which means I am IN Great Britain 36 weeks a year, I am not misreading anything to make my 'lifestyle' appear non fraudulent. Is that your issue? My Lifestyle?

As per the original question which you seem to keep changing the answer to I still have not seen anything that states cannot have more than 13 weeks holiday a year as a '12 month rolling period' is used. In fact one of your many statements above reads that you can have up to 25 weeks holiday a year.

Yes I know what oxymoron means, I also know what an oxygen thief is.

This is getting rather silly now.

Goodnight