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Section 187 of the Social Security Administration
- SSUK
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9 years 2 months ago #129329 by SSUK
Section 187 of the Social Security Administration was created by SSUK
I saw the following in a disability forum . Is it fact or fiction ?
It has come to my attention that under
Section 187 of the Social Security Administration Act 1992
There is an Act of Parliament which over-rides banks taking charges from your account if you are in receipt of any of the following benefits.
• Income Support
• Tax Credits
• Child Benefit
• Job seekers allowance
• Incapacity benefit
• Disability living allowance
• Attendance Allowance
• CSA payments
• Other DWP payments
These social security benefits are granted to stop hardship and are designed to meet basic day to day needs, and are exempt and are protected under the Social Security Administration Act 1992 sub section 187. from arrestment in terms of section 187 of the Social Security Administration Act 1992 (see Enforcement of Civil Obligations in Scotland, Scottish Executive report, at paragraph 5.245).
Section 45 of the Tax Credits Act 2002 Chapter 21 part 1 is an identical provision to the said section 187 of the 1992 Act. This stipulates that the banks can not apply any charges to money received as benefit, and any such charges are unlawful and therefore disallowed.
Therefore as I am currently in receipt of > your benefit < I would like a refund for all my charges whilst in receipt of said benefits.
It has come to my attention that under
Section 187 of the Social Security Administration Act 1992
There is an Act of Parliament which over-rides banks taking charges from your account if you are in receipt of any of the following benefits.
• Income Support
• Tax Credits
• Child Benefit
• Job seekers allowance
• Incapacity benefit
• Disability living allowance
• Attendance Allowance
• CSA payments
• Other DWP payments
These social security benefits are granted to stop hardship and are designed to meet basic day to day needs, and are exempt and are protected under the Social Security Administration Act 1992 sub section 187. from arrestment in terms of section 187 of the Social Security Administration Act 1992 (see Enforcement of Civil Obligations in Scotland, Scottish Executive report, at paragraph 5.245).
Section 45 of the Tax Credits Act 2002 Chapter 21 part 1 is an identical provision to the said section 187 of the 1992 Act. This stipulates that the banks can not apply any charges to money received as benefit, and any such charges are unlawful and therefore disallowed.
Therefore as I am currently in receipt of > your benefit < I would like a refund for all my charges whilst in receipt of said benefits.
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- Gordon
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9 years 2 months ago #129358 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Section 187 of the Social Security Administration
SS
Welcome to the forum.
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
There is something called Right of Appropriation which allows someone to stipulate to their bank how they want the funds that are deposited to be used.
Unfortunately you need to have issued a letter to your bank before you can hold them accountable for using your benefits to cover bank charges etc., so I see no way to recover any historical charges.
The following fact sheet explains the process in more detail and includes template letters you can use. See
www.google.co.uk/url?sa=t&rct=j&q=&esrc=...vm=bv.85464276,d.d24
Gordon
Welcome to the forum.
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
There is something called Right of Appropriation which allows someone to stipulate to their bank how they want the funds that are deposited to be used.
Unfortunately you need to have issued a letter to your bank before you can hold them accountable for using your benefits to cover bank charges etc., so I see no way to recover any historical charges.
The following fact sheet explains the process in more detail and includes template letters you can use. See
www.google.co.uk/url?sa=t&rct=j&q=&esrc=...vm=bv.85464276,d.d24
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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