Local Authority

Benefit Security

One of the issues that has seemed strange to me over the years is, while we take care to ensure that our customers are who they say they are at the outset of the claim via the Verification Framework (VF), identity checks we do not carry this out through the lifetime of the claim.

The data that councils hold about claimants and their dependents is often targeted by other people, who would like to get their hands on that information. Data Protection Act notwithstanding. Private detectives, debt collectors and underhand landlords will try all sorts of tricks to obtain the sensitive details that we hold about claimants. A standard question on the landlord tenant reference checking form is for your national insurance number (NINo). This is not necessary information – I always refuse to give it. Once given, it will be shared with other private companies, through the credit checking agencies. The NI No is a vital piece of information that if know can then be quoted by landlords, private investigators and debt collectors when contacting local authorities and the Benefit Agency.

A common technique of PIs and debt collectors is to ring in through the council’s main switchboard and ask for, say, Marketing and Promotions. Sometimes they will ring that department directly. The person who answers the phone is asked "Is that the benefits section?" When told that it is not they ask to be transferred. Of course the telephone ring that comes through to the benefits section indicates that it is an internal call – although many staff do not recognise the difference between ring tones. When the phone is picked up by the benefits staff the voice at the other end says,

"Hi, this is Mike from legal, can you confirm some details about a benefits case I am looking at?" or "Hello Cindy, Social Services here can I confirm some details about Joe Bloggs – He’s a sweetie you know we’ve really got to sort him out."

While many staff might not be fooled by such a technique, some are. If they are inexperienced or the call appears to come from a senior manager or a person in authority, they can easily be tricked in to giving away your confidential information.

Sometimes a call is made to a fraud section from another council or fraud investigator – Benefit Agency or perhaps, a bank – asking for information about someone they are investigating. Information is given over the telephone, often without checking the legitimacy of the request or more importantly the person. If it is a voice and/or a person that we recognise we have no compunction in divulging the intelligence they require.

How do we know that the person is making an appropriate enquiry or still works for the organisation that they use to work. I recall a number of horror stories that relate to this area. Several years ago, an investigator for an authority in the South West of England was sacked by his employer but using his LAIOG directory continued to make contact with local authority pretending to be still employed in order to gather information for his new employer – a debt collecting company. A Benefit Agency officer – who was subsequently dismissed – used his contacts with local authorities to obtain information for his brother who worked as a debt collector. An local authority investigator who obtains information for their private detective spouse.

LAIOG has often feared this misuse of the details of fraud investigators and has prohibited the sale of their directory for this very reason. Unfortunately, the information is in public domain and easily obtainable from other sources.

So what should be done about preventing the intentional or accidental obtaining of information.

Never assume that the person to whom you are speaking is representing their organisation. If they are an authorised officer, regulated inspector, police officer or appointed investigator they will either have some powers or letter of appointment and can demonstrate their authority. Benefit Agency and local authorities authorised officers should be appointed under section 109A or 110A, respectively, Social Security Administration Act 1992 (Amended). Other officers such as trading standards officers, council tax inspectors or environmental health officers will have similar regulated powers. Any one investigating criminal offences – such as RSPCA inspectors, TV Licence inspector will have a similar form of authority. Bank and Mortgage fraud investigators would have the authority of their organisation – a letter of appointment from chairman of the board for example. However, private sector investigators in these fields do not have any legal powers to obtain such information.

When making a formal request for information any investigator – this would include other council inspectors – should make the request in writing, stating:

• Their name and position in the organisation

• Their authority

• The information that they require and what it will be used for

This may give the Benefit Agency some difficulties as they have limited the appointment of authorised officers to only one or two in an office. However, this is a Benefit Agency problem that I sure that they will resolve.

Where a less formal– although no less vital - oral enquiry is being made then the person should identify themselves and give you their main switchboard number, requesting that you should ring them back. You should always make a record of the request.

Where possible it is worth running some form of password system. There is no really secure system but I would recommend the following:

Use an agreed book starting at the same point in the book take each week the next six, or more, lettered word. When you suspect that this system has been breached then either jump to another agreed point in the book or change the book. I would suggest using classic books as many of these can be down loaded from the internet or can be bought at 99p for many book stores.

During the VF process we confirm the identity of the claimant and their partners. However, we do not confirm that the person who sees us in the office or rings into the council is the same person. I recommend that a security check like that made by the banks should be undertaken when ever the claimant makes contacts.

The first thing to be set up is a password. I would suggest that the selection of a password is either included as an optional question on the claim form or given to the VF visiting officer during the checking of the claim form during the VF visit.

W hen a customer makes contact either on the phone or in person then the following checks should be made:

Mandatory question

What is your password?

One of the following questions

1. What is your date of birth

• What is your NI No

• What is your full name

• What was your previous address

Two of the following questions

1. What is the full name of your partner

• What is your partner’s date of birth

• What is the full name of (select one) dependent/non-dependent

• What is the date of birth of (one of) your dependent(s)

• Who is your landlord

• Who does the council pay your benefit to

• What is the name and address of (one of) your employer(s)

• How much do you earn per week

• What private pension do you recive

• Name one benefit do you get other than housing benefit or council tax benefit.

• How much housing benefit/council tax benefit do you get?

• What capital do you have?