Housing Benefits and Council Tax Reduction

• The purposes of the processing
• Personal data we collect
• Sensitive (special category) personal data we collect
• Who we are
• The contact details of our data protection officer
• The lawful basis for processing personal data
• Relevant legislation
• The legitimate interests for the processing
• Who we share your data with
• Transfers of personal data to any third countries or international organisations
• How long we keep your personal data
• Your rights
• Your right to withdraw consent
• Your obligation to provide the personal data
• The existence of automated decision-making, including profiling
• Your right to lodge a complaint with a supervisory authority

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The purposes of the processing

Hastings Borough Council uses personal information to assess, administer and review Housing Benefit, Council Tax Reduction and related payments, recover Housing Benefit overpayments, prevent and detect fraud and error, protect public funds, deal with appeals and complaints, and meet audit and assurance requirements.

We obtain information from you and, where the law permits, from other people or organisations. These may include the Department for Work and Pensions (DWP), His Majesty’s Revenue and Customs (HMRC), the Pension Service, other local authorities, landlords, employers, credit-reference agencies and other council services. Information received from DWP or HMRC may include identity and contact details, National Insurance number, household information, benefits, earnings, pensions, capital, health or disability information, and other information relevant to entitlement, verification, fraud and error or recovery.

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Personal data we collect

• Names
• Addresses
• Date of birth
• Email address
• Phone number
• Unique identifiers

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Sensitive (special category) personal data we collect

• Physical and mental health information

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Who we are

Hastings Borough Council
Muriel Matters House
Hastings
East Sussex
TN34 3UY

Tel:  01424 451066

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The contact details of our data protection officer

Data Protection Officer
Hastings Borough Council
Muriel Matters House
Hastings
East Sussex
TN34 3UY

Contact our data protection officer.

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The lawful basis for processing personal data

Our lawful bases are legal obligation and public task. Where we process health or other special-category information, we rely on the applicable substantial-public-interest condition and maintain the safeguards required by data protection law. The legal framework includes the Housing Benefit Regulations 2006, section 13A and Schedule 1A of the Local Government Finance Act 1992, the Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 2012 and the Data Protection Act 2018. We may also rely on other legislation governing benefits, local taxation, fraud prevention and public funds from time to time.

We use DWP/HMRC-derived information only for purposes authorised by law and the applicable data-sharing arrangements. We do not re-use or disclose that information for a new purpose unless the proposed use has been reviewed, a lawful basis has been identified, any required data-protection impact assessment and records have been completed, and any approval required from DWP or HMRC has been obtained before disclosure or re-use.

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Relevant legislation 

Housing Benefit Regulations 2006.

Section 13A and Schedule 1 of the Local Government Finance Act 1992.

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The legitimate interests for the processing

Not applicable.

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Who we share your data with

We may share relevant information with DWP, HMRC, the Pension Service, other local authorities, auditors, fraud-prevention bodies, courts or tribunals, law-enforcement bodies, and contractors acting on our instructions where the law permits and the disclosure is necessary. Contractors must be subject to written data-protection and security obligations. Access within the Council is limited to staff who need the information for authorised duties.

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Transfers of personal data to any third countries or international organisations

Any contracts with providers who might host personal information abroad have appropriate clauses to ensure adequate technical and organisational security measures are in place.

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How long we keep your personal data

We retain Benefits information in accordance with the Council’s retention schedule and securely delete or destroy it when it is no longer required, subject to legal holds, appeals, recovery, fraud investigations or other documented exceptions. The current published schedule generally specifies six-year periods for Housing Benefit records, with the trigger varying by record type.

The Council is reviewing the schedule and its operational deletion arrangements to ensure that the period and trigger remain accurate for each category, including source files transferred by DWP/HMRC and information loaded into the benefits system.

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Your rights

You have rights under data protection law, including rights of access, rectification, restriction and objection where applicable. Further information, the Data Protection Officer contact route and details of how to complain to the Information Commissioner are available on the Council’s privacy pages.

You can find out more about each of your rights on our Your privacy page.

You can ask for access to the information we hold on you.

You can ask to change information you think is inaccurate.

You can ask to limit what we use your personal data for.

You can object to us processing your personal data.

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Your right to withdraw consent

Not applicable.

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Your obligation to provide the personal data

You must supply personal information to claim Housing Benefit under the Housing Benefit Regulations 2006, and Council Tax Reduction under the Local Government Finance Act 1992.

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The existence of automated decision-making, including profiling

Not applicable.

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Your right to lodge a complaint with a supervisory authority

The Information Commissioner is the UK's independent body set up to uphold information rights.

If you would like to know more about your rights under the Data Protection law, and what you should expect from us, visit the Information Commissioner's website.

If you have any concerns regarding our privacy practices or about exercising your Data Protection rights, you may contact the Information Commissioner's Office:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Tel: 0303 123 1113 or 01625 545 745
Email: casework@ico.org.uk

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