Adult social care - financial assessments privacy notice - Privacy notices

Herefordshire Council will collect personal data about you and your household in order to work out how much you may have to pay towards social care services, and to identify any welfare benefits you may be entitled to as part of a financial assessment process.

This information will include:

• Details about you, such as your full name, date of birth, current and previous address, if relevant, telephone number, email address, national insurance number
• Your finances, such as property, savings, capital assets, income, household and disability related expenses
• Some other relevant information may be needed (where applicable) such as the make-up of your household and your partner's financial circumstances.

All personal data held, is processed in accordance with data protection law. The data controller for the information provided through the financial assessment process is Herefordshire Council.

Hoople Ltd are the data processors who will process any service and financial information, if relevant, on behalf of the council.

DWP is the data controller of the data it supplies to Herefordshire Council in accordance with information sharing arrangements. Herefordshire Council will become the data controller upon receipt of the data.

We will collect information about you, where applicable to:

• Calculate your contribution towards any council funded care and support services you receive and to send you invoices for payment, or set up other payment arrangements
• Identify any welfare benefits you receive or may be entitled to
• Comply with legal obligations, for example where processing is necessary to safeguard vulnerable persons, protect public funds, for the prevention and/or detection of crime including fraud

We will obtain information about you from the Department for Work and Pensions, HM Revenue and Customs, and other council departments for the purposes of completing a financial assessment, verifying income, pensions and benefits, and making charging arrangements.

The legal basis for processing the data is:
Our legal obligation under the following legislation:

• Sections 14, 17, and 69-70 of the Care Act 2014 provides a framework that enables a council to charge a person when it is arranging to meet care and support needs
• Section 4 of the Care Act 2014 places a duty on the council to provide information and advice that is accessible, including financial information
• The Care and Support (Charging and Assessment of Resources) Regulations 2014 set out: the power to charge for certain types of care and support; the duty to carry out a financial assessment; rules on the treatment and calculation of capital and income within a financial assessment
• The prevention and detection of crime, including false representation in accordance with the Fraud Act

The legal gateway for sharing your information:

• Regulation 5(1) (c) of the Social Security (Information-sharing in relation to Welfare Services etc.) Regulations 2012 made under Section131 (1) of the Welfare Reform Act 2012.

We will share your information under our legal obligations and with partner organisations, including:

The Department for Work and Pensions (DWP), HM Revenue and Customs, and other council departments for the purposes of:

• Reducing fraud and error
• Protecting the most vulnerable
• Delivering fairness to those claiming benefits and the tax payer

We will not normally share your information with organisations other than our partner organisations without your consent.

However, there may be certain circumstances where we would share without consent, such as where we are required to do so by law, to safeguard public safety, and in risk of harm or emergency situations.

We will only share the minimum information for the purpose, on a need to know basis and with appropriate individuals.

We will only keep your information for the minimum period necessary. All information will be held securely and destroyed under confidential conditions.

Your personal record will be retained for the maximum retention period relevant to your social care file. Financial information will be retained for seven years.

You have a number of rights under data protection law, including the right to request your information and to request that the information is amended or erased if incorrect.

To request your records, you will need to put your request in writing and provide proof of identification to the Information Governance Team, Herefordshire Council, Plough Lane, Hereford HR4 0LE or via email informationgovernance@herefordshire.gov.uk

You also have a right to make a complaint about our handling of your personal data to the Information Commissioner's Office.

If you have any questions or concerns about how your information is used, please contact the welfare and financial assessment team in the first instance.

You can also contact the Data Protection Officer, Herefordshire Council, Plough Lane, Hereford HR4 0LE, email informationgovernance@herefordshire.gov.uk

You can find more information about data protection and how it applies to you on the Information Commissioner's Office website.

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