Direct payments and prepaid accounts privacy notice

This privacy notice is one of a collection that apply to the processing of personal data for the purpose of meeting our statutory responsibilities under the Care Act 2014 and supporting legislation.

This notice focuses on the information used to provide and manage direct payments and prepaid accounts in line with our statutory responsibilities under the Care and Support (Direct Payments) Regulations 2014.

The notice provides additional information that specifically relates to this particular service and should be read together with our overarching privacy notice for adult services.

Depending on the amount of support that is required, we may use your information to:

make funds available to meet assessed eligible support needs via a direct payment where appropriate
provide you with information and advice regarding your direct payment
monitor direct payments and prepaid accounts as set out in the Direct Payment Agreement
talk to and instruct, where required, a prepaid card provider, payroll companies and other third party providers required for the delivery of direct payment and prepaid account. This will include for example employer liability insurance companies and bank account details for personal assistants where appropriate.
ensure as and where appropriate that the required functions of an employer are being carried out
set up a prepaid account with a third party provider where appropriate
refer for direct payment support, including advice on employing personal assistants
manage the direct payment account and pay for services on your behalf
liaise with/query issues with support service providers where necessary in relation to prepaid accounts
prevent and detect fraud where necessary in line with legal requirements for the administration of public funds

What personal data is being collected?

The type and amount of information that we hold will depend on the nature of your direct payment and how it is managed. All of our direct payment services are subject to terms and conditions providing specific details on your agreement with us and will further inform you of the process and information relevant to you.

The information we may hold may include:

copies of the transactions on your prepaid account
where we manage your direct payment, information about your provider, nature and cost of your services that are being paid for
information about people that you nominate to support you to manage your direct payment, such as their name, address, and relationship to you (this will also be the case if you have a Lasting Power of Attorney or Deputy who represents you)
we may access information about your support plan and financial assessment as part of the direct payment processes

What is the legal basis for processing your personal data?

We collect and use your personal data to meet a legal obligation and to comply with a statutory function. The legislation we are relying on for this service is the Care Act 2014 Care and Support (Direct Payments) Regulations 2014.

The information will be managed in confidential manner. All information will be held securely and processed on a ‘need to know’ basis by only a limited number of people.

Who we share your personal data with?

Whilst we always prioritise and respect the privacy of everyone involved with our services there may be times under the law when we must share information. This will include:

if there is a concern you are putting yourself, or another person (or child) at risk of serious harm
where we have been instructed to do so by the Court or as part of the investigation of a serious crime
information about your account needs to be used to prevent and detect fraud

How long will my personal data be retained?

The information will be retained by us for seven years. When the information is no longer needed for this purpose, it will be securely deleted.

Your rights

Under UK GDPR you have a number of rights that are set out on our Data protection for you pages.

Further guidance about these rights can be found on the Information Commissioner’s Office (ICO) website.

If you are not happy about the way your personal data is being used, or you require further information about how we process your personal data, you can contact our Data Protection team online or by post:

Contact the DPO
By post: Data Protection Officer, The Portal, Wellington Road, Ellesmere Port, CH65 0BA

You also have the right to complain to the Information Commissioner’s Office:

Information Commissioner's Office (ICO)
Instant Message: Live Chat
By post: The Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
Telephone: 0303 123 1113