Financial assessments for adults social care services - privacy notice

PN0503
Adults Services and Wellbeing – Commissioning & Contracting
Care Charging

Calderdale Metropolitan Borough Council of Town Hall, Crossley Street, Halifax, HX1 1UJ is registered with the Information Commissioners Office (ICO) under the provision of the Data Protection Act 2018. The Council takes its responsibilities as Data Controller under the Data Protection Act and UK GDPR very seriously.

This privacy notice explains how your personal information will be processed by Calderdale Council’s Care Charging team for the administration of financial assessments for social care services.

The type of information we will collect

We collect the following types of information from you directly or from third parties:

• personal information (such as name, address, contact details, date of birth, National Insurance number, language)
• special category characteristics (such as health, disability)
• Information about your next of kin, dependent family and people who act for you such as appointees and representatives
• Financial information such as benefit details and other income you receive, savings and investments and money you pay out that is relevant to the assessment including expenses relating to any disabilities
• Property information if it is offered as equity in support of a Deferred Payment Agreement such as valuation, ownership details, occupants, mortgages or other secured loans, insurance, rental income, and any other relevant information.

Why we collect and hold this information

• for the purpose of calculating whether you are required to pay a charge for your care arranged/provided through Calderdale’s Adult social care services
• for the purpose of arranging a Land Registry Charge to be placed against your property under the terms of our Deferred Payment Agreement
• to work out if you might be entitled to other income and benefits you are not claiming
• to safeguard you against financial abuse
• to recover any unpaid care charges
• to help prevent and detect fraud (under the National Fraud Initiative)
• To help us assess the effectiveness of the service and to plan and improve future services.

Sharing your personal data

Your information may be obtained from, and shared with, the following types of organisations/services as appropriate:

• The Council’s Adult Social Care, Housing Benefit and Council Tax teams
• The Department for Work and Pensions (DWP)
• The Council’s Sundry Income Team to help resolve payment or debt enquiries
• The Council’s Legal Services Team to assist in the recovery of unpaid care charges and the administration of the Deferred Payment Scheme
• Cabinet Office for the National Fraud Initiative (NFI)
• The Office of the Public Guardian
• Solicitors if they are acting on your behalf

We will only ever share relevant information about you with third parties where there is a legal basis for us to do so.

The lawful basis for the processing your data

We need to collect this information in order to meet our obligations under:

• The Care Act 2014
• The Care and Support (Charging and Assessment of Resources) Regulations 2014
• The Care and Support (Deferred Payment) Regulations 2014
• Social Security Regulations issued under sections 30 and 31 of the Welfare Reform Act 2012
• Local Audit and Accountability Act 2014.

We process personal information and special category data under the following GDPR lawful bases:

• Article 6(1)(b) – processing is necessary to take steps at your request to enter into a contract for this service, or for the performance of a contract to which you are party
• Article 6(1)(c) – for compliance with a legal obligation to which the controller is subject as above
• Article 9(2)(b) – processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law
• DPA 2018 Schedule 1 Part 1 – Employment, social security, and social protection

Retaining your personal information

Your personal information will be kept for a period of 8 years after the date of closure of your adult social care record and then will be securely destroyed.

Your rights

The GDPR provides the following rights for individuals. Not all rights are absolute and therefore will only apply in certain circumstances:

1. The right to be informed
2. The right of access
3. The right to rectification
4. The right to erasure
5. The right to restrict processing
6. The right to data portability
7. The right to object
8. Rights in relation to automated decision making and profiling.

You also have the right to complain to the Data Protection Officer if you feel that your data has not been handled in accordance with the law. You can contact the Council’s Data Protection Officer at information.management@calderdale.gov.uk.

You also have the right to lodge a complaint with the Information Commissioner’s Office at www.ico.org.uk.