benefits protection from banks in UK law ?

[david.m]

im not sure were i might ask the question to perhaps start a mass of feedback so i started here for now, please advise.

 

to the point:

 

given that the UK benifits such as child benefit and Income support are now payed directly into bank accounts, and that we less well off uk zero/low income familys have no choice in the matter but to accept this fact.

 

is it right that the gov have not seen fit to put in place special legislation to protect these benefits once their in the bank accounts and hence the banks can and do abuse this fact at the first opportunity , such as a direct debit being requested early and hence this vital £17 child benefit gets hammered for £34+ *2.

 

the information on this seems very low, and indeed near impossible to find online, even though its apparent that there are potentially vast amounts of people finding themselves in this exact situation with no help in sight.

 

the one and only relevent mention i could find was from the closed posts advisers messageboard thread here

Rightsnet discussion forum - Viewing topic #1454 - Bank Charges and Benefits

 

were 'claire' in that old thread seems happer to point the blame on the disabled client than trying to find a helpful answer to the question asked.

 

in this situation its clear the benefits office and workers are in no way to blame, but alas they dont seem willing to try and help eather, so were are such people in this situation to turn?.

 

judging from reading this site it seems that these bank charges are eventually being repayed to the account holders, but in the event your only income is these gov payed benefits, its a sure bet that every single penny counts, and every day its withheld from you to buy your/childs basic needs , thats one more day your being deprived of your basic rights and all without gov protection ?.

 

 

is there any form of help or restitution to force these banks to stop taking these charges in the future so as to not be in effect placed in in this destitute situation by the banks?.

 

and is there any formal claim in UK law we can make/add in respect to this and our requests for restitution that can be added to any claim for charges?.

[sazz]

There is, in Scotland anyways...

 

Social Security Administration Act 1992 (c. 5)

1992 c. 5 -

 

 

Miscellaneous

 

Certain benefit to be inalienable.

 

187.—(1) Subject to the provisions of this Act, every assignment of or charge on—

 

(a) benefit as defined in section 122 of the Contributions and Benefits Act;

 

(b) any income-related benefit; or

 

© child benefit,

 

and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of a beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors.

 

(2) In the application of subsection (1) above to Scotland—

 

(a) the reference to assignment of benefit shall be read as a reference to assignation, "assign" being construed accordingly;

 

(b) the reference to a beneficiary's bankruptcy shall be read as a reference to the sequestration of his estate or the appointment on his estate of a judicial factor under section 41 of the [1980 c. 46.] Solicitors (Scotland) Act 1980.

 

(3) In calculating for the purposes of section 5 of the [1869 c. 62.] Debtors Act 1869 or section 4 of the [1882 c. 42.] Civil Imprisonment (Scotland) Act 1882 the means of any beneficiary, no account shall be taken of any increase of disablement benefit in respect of a child or of industrial death benefit.

 

Taken from Social Security Administration Act 1992 (c. 5)

[saxon]

Hello, there is nothing written down about this for England and Wales. The government were talking to banks apparently, but that's as far as it got.

 

We all need to write to our MP's, regarding this, they in turn should then write to Mr Ed Balls, the Economic Secretary to HM Treasury, Mr Balls is the government Minister for the banking industry.

 

The more letters he gets, the better chance we have of getting legistlation regarding state benefits.

[lickthewallfatboy]

it's in the Banking Code

 

see this thread for more-

http://www.consumeractiongroup.co.uk/forum/general/22666-can-anone-point-me.html?highlight=anone

[Bookworm]

Yes, but the Banking Code is an industry voluntary code. In the words of Pirates of the Caribbean: "It's more what I would call guidelines". In other words, they can flout it every time they bloody well like...

 

However, if you do a search on this forum for "appropriation", you will find the relevant information about this.

[david.m]

thanks for all your replys , im begining to realise im no longer alone in this fight as long as i have web access.

 

the 'appropriation' search is very revealing as its not a term your average person would think of googleing for, but once you do, its wonderous knowing that you do infact still have control over your money and were it gets spent.

 

saxon, im just reading your thread and like the way you were able to personally talk to your MP face to face.

 

my MP paul Goggins

Paul Goggins MP, Wythenshawe & Sale East (TheyWorkForYou.com)

is only 1/2 a mile away in his manchester,wythenshawe, civic center office,

but its near impossible to see him face to face, and my official letter writing is far from good.

 

it appears that this site might be a perfect place to setup an automatic (click here) type page, were you could find your MP's official Email address, and have an option to add standard letters written by the fantastic people here.

 

you could then edit your details in a php form and have them sent to your MP and your email address as reference, and even have a tally page here to see the subject,how many letters sent per week/month and which Mp's offices receaved them type data.

 

hows that for an idea?.

 

id love to have a good generic letter about my wish to see my subject aired so it can be forwarded to these MPs and perhaps finally some day soon?, get legal protection for every single UK resident thats getting benefits, as it should have been from day one that blair and Co. forced us to use banks to get our entitalment.

 

ps.

i also sent an email to Guido fawkes political Blog Guy Fawkes' blog of parliamentary plots, rumours and conspiracy about this thread and site asking him to perhaps look into getting the attention of the Gov people that read that site blog

with great vigar 8) if i receave a reply as regards legislation or other matters , ill report back to this thread if any readers are interested.

[saxon]

Hello David M, in the templates library their is such a letter

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/114-template-letter-your-member.html

 

Also check out if your MP holds surgeries anywhere in his area, mine has a surgery once a month where you walk in off the street, he's only there for a couple of hours in each town centre but at least he's available.

 

Alternitively, go to the office and insist on an appointment from his secretary/personal asssisant who will be at that office, YOU do have the right to speak to him.

 

Good luck.