Your bank is taking your benefits in charges

[steven4064]

Bank charges and Acts of Parliament governing benefits

The two Acts of Parliament that govern how benefits are paid are the Social Security Administration Act 1992 and the Tax Credit's Act 2002. Both of these have clauses which apparently make it unlawful for banks to impose bank charges on benefits:

Social Security Administration Act 1992 Section 187:

187.—(1) Subject to the provision of this Act, every assignment of or charge on–
(a) benefit as defined in section 122 of the Contributions and Benefits Act;
[3(aa) a jobseeker’s allowance;]
(b) any income-related benefit; or
(c) child benefit,
and every agreement to assign or charge such benefit shall be void;

Tax Credits Act 2002 Section 45:

45. Inalienability
(1) Every assignment of or charge on a tax credit, and every agreement to assign or charge a tax credit, is void;

HOWEVER by 'charges' they DO NOT MEAN BANK CHARGES. What is meant is things like attachment of earnings, which is a court order allowing a creditor to take money from income at source (like income tax).

Although there is some ambiguity, if you took a case to reclaim bank charges to court based on s187 of the Social Security Administration Act 1992 or s45 of the Tax Credits Act 2002 the court would almost certainly find against you.

No one is saying that the banks have the right to take money from benefits, only that you can't use the Social Security Administration Act 1992 or the Tax Credits Act 2002 to stop them. Money taken from benefits is unlawful - but unlawful by virtue of the Unfair Terms in Consumer Contract Regulations 1999 (although this is still the subject of litigation in the High Court), not under the Social Security Administration Act 1992 or Tax Credits Act 2002 (unfortunately).

What you should do if your bank is taking your benefits in charges

Unfortunately, if you are on benefits (or even on a low income), once you get into the cycle of bank charges it is difficult to get out. A lot of people find that a large proprtion of their benefit is taken by the bank as soon as it is paid in every week or every fortnight.

You need to put things in place so that at least you stop this happening.

This is what you need to do:

1. Open a basic account at a differrent bank or at the Post Office and arrange for your benefits to be paid there instead of your existing account. This will at least mean you have access to all your benefits from that point onwards.

2. Start a claim for the repayment of bank charges in the 'normal' way. You will not get the charges repaid until after the end of the current High Court case but you need to get your claim regitered as soon as possible.

What to do if your bank takes you to court

If you bank takes you to court because you are not paying back an overdraft and there are significant bank charges in what you 'owe' then you should countercalim for the charges as part of your defence. Curent experience is that you can get that part of the bank's claim stayed until the end of the OFT case. Start your own thread in your bank's forum and CAG users will help you through.

[Gwarpt1]

Steven If the Social security act not applicable to bank charges can you tell me how to claim back the charges my bank is charging me. I get JSA and DLA but am stuck in the loop that when the bnank applies the charges and interest it takes me over my limit again.
I bank with HSBC

[steven4064]

Hi Gwarp

Welcome to CAG.

The charges are unlawful, just not under these 2 Acts. You should start a claim using the same method that everyone on CAG uses. It will take a little time because of the OFT case which ended on Friday but the expectation is that you will get them back.

Take some time to read various threads on the HSBC forum and read the FAQs too. Finally, start your own thread on the HSBC forum and there will be plenty of people to help you.

[davethorp]

If your benefit keeps getting swallowed by charges you may want to look at opening another account at another bank to pay your benefit into. If you can't pass a credit check to get a full account, the following banks offer debit cards with their basic accounts and so give near full account facilities.

NatWest (solo)
Halifax (electron)
RBS (solo)
Lloyds TSB (Visa Debit/Delta)
Co-op (electron)
Yorkshire/Clydesdale (Maestro)
Probably one or two others I've missed

[steven4064]

Good advice Dave

[abroadgirl]

hi all
i have read this with interest and yes i have printed the whole lot of the acts which has been mentioned below laughs every page i have got lol
but i or i should say it has left me wondering as to why they have dss acts when yet the one we are all talking about hasnt been passed by the high courts etc cos i have said i would take it to the high court and i dont think it is fair that when we get letters and they state there acts/rights/etc
they are no good pointless as they havent been threw the courts
i even went to a welfare officer and told him everything even he said the same as me and said he agreed with me as they are not legal
its all wront isnt it
hugs
abg

[pugsley]

I was hoping to get the £38.00 back they took out of my child maintenance back, oh well back to the long way round I suppose, but I have only one charge for NatWest but if you don't ask you don't get

[stonedecroze]

You can always try going to the branch and take a copy of the relevant sections in both acts, and get a little upset. It worked for me with RBS when they took charge from my sons DLA, they refunded the charge and arranged a small OD (£50 ) for him so that he would not get caught again. I think it proves that bank mangers are not as clever as they think they are. LOL

[steven4064]

I've several cases on here where a good (loud) sob in the bank works wonders

[Unpleasant]

Originally Posted by Gwarpt1

Steven If the Social security act not applicable to bank charges can you tell me how to claim back the charges my bank is charging me. I get JSA and DLA but am stuck in the loop that when the bnank applies the charges and interest it takes me over my limit again.
I bank with HSBC

Hi Gwarpt1,

I only read down the first few replies, so someone might have already told you this.

I have been charged a few times when I've had no money in my account on direct debt day, I bank with the NatWest and everytime it has happened, (normally over a weekend), ive popped into the bank and they have given me a refund there and then (I get income support and DLA), they have always been really good about things, but of course they give me a telling off.

not sure how this helps, unless you wanna change banks...lol

[steven4064]

Hi unpleasant and welcome to CAG

I think you have been lucky. Usual experience with NatWest is that they pay you back the first time but dig their heels in after that

[JOSH_IOU]

Originally Posted by steven4064

I've several cases on here where a good (loud) sob in the bank works wonders

Belive me ive tried that