Kent Freedom Movement
Bringing truth to the people of Kent
Bank Charges Not Allowed on Certain Benefits!
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.
AS HIGHLIGHTED AT THE LAST MEETING.
Write or contact your bank and quote the above Act.
Here is the template letter to send off to your bank or buiding society
Views: 45710
Replies to This Discussion
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Permalink Reply by dave freeman on -
Hi Deborah and all at KFM, Just seen this and I was wondering if the "bedroom tax" could be illegal under this act? I will read it later, and hope I can understand it more.
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Permalink Reply by wendy hirst on -
I did contact the bank ombudsman last year about YB taking my money. £25 for a £2 over limit payment. I have had to cancel my memership of a film club as YB will not wait for my benefit they just take money out on allotted date. £25 out of £140 fortnightly is ludicrous. My only extra entertainment is standard membership of lovefilm at £9 per month which I have now cancelled. I am going to my local 'rainbow saver' about an account I am so confused. I could moan all day but it is a decent account I need.
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Permalink Reply by Andrew Peacock on
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IVE GOT MULTIPLE SCLEROSIS AND MY MEMORIES NOT VERY GOOD BUT I CAN REMEMBER MY BANK ACCOUNT NUMBER AND SORT CODE STRAIGHT AWAY.SO IM NOT IN A POSITION TO CHANGE MY BANK ,BUT IVE BEEN BANKING WITH TSB FOR APPROX 20 YEARS BUT SINCE MY DIAGNOSIS IN NOV 04 TSB HAVE BEEN BANGING THEIR CHARGES IN CAUSING ME TO GO OVERDRAWN EVERY MONTH FOR AT LEAST 8 YEARS NOW
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Permalink Reply by moira green on
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is this just for Scotland, or anywhere in UK ,my son just phone the bank today and told them they should not have taken money off him as he is on benefits as he has had hundreds taken for being OD over the years and the man asked him were he got this inffo and tried to say you can not claim it back or stop them taken money out his bank as when you start an account with a bank the small print tells you when your money goes in the bank then it is not classed as " benefit money " , then he said he will look into it and he might refund 3 months charges back ,has any 1 got the link to get the form to fill in to send to the bank please ,
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Permalink Reply by Deborah Williams on -
Hi Moira
I don't know who put this blog up on that group, but this effects everyone in the UK. Not all people who work in the banks know what it says in this Act, so I wouldn't worry.
If he hasn't got all his statements where they have taken the money out of his account for charges, he needs to order them from the bank and he will have to pay £10 for this.Get these photo copied.
Then he needs to contact the Jobcenter and ask for them to send him a letter confirming when he started benefits up to the present date.Photo copy this.Then he needs to download the template letter that is provided in the comment section and personalise it with his name, address and Address of head office of his bank,with his account no as well.And photo copy it.
Copy and paste the Social Security Act 1992 that is also in the comment section.send all this off by registered post. Wait a few weeks and if you haven't heard from them, write again asking why they haven't replied to you.
Please let us know how you get on
Deborah Williams
KFM
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Permalink Reply by Claire on
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Hi All
Anyone had any joy with refund of charges ? Others have tried but many banks state that if a direct debit due out and not enough money in then the charge is legitimate whether its an account into which child benefit money goes or not !!
If one goes overdrawn the same applies !!
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Permalink Reply by Claire on
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Im siging up for Think money as it has had good reviews. Just a flat £15.00 month charge.
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