Welfare rights services

FAQs

What does the Welfare Rights Service do?

The Welfare Rights Service is part of the local authority's Neighbourhood Services directorate and has no connections with the Department for Work & Pensions.

The service offers free advice, support and representation to people in South Tyneside. We can help with the following types of queries:

  • Benefit entitlements
  • Employment rights
  • Debt and money problems
  • Housing issues

We can give you advice on all social security benefits and can also calculate if you would be better off if you started work or worked more hours. We will help you make your claim and follow it through to an appeal if necessary.

You can make an appointment to speak to a Welfare Rights Officer in the office, or someone can visit you at home if you cannot get to the office.

We have an Elderly Services team who visit people aged 65 or over to advise them of their benefit entitlements.

Welfare Rights Officers can also answer some queries over the phone and we can give non-urgent advice by email. Go to our contact below and ask a welfare Rights Officer.


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What are Disability Living Allowance and Attendance Allowance?

They are social security benefits for people who have a long-term illness or disability. Different rates are paid depending on how much help you need. They are paid on top of most other benefits and if you get them you may even be entitled to extra Income Support, Housing Benefit, Council Tax Benefit, Tax Credits, or Pension Credit.

Disability Living Allowance (DLA) must be claimed before you reach the age of 65. If you qualify for it you can continue to get it past 65 for as long as you meet the rules.

DLA has two parts:

  • a care component for people who need supervision or help with their personal care
  • a mobility component for people who have difficulty getting around outside.

You can get both components or just one of them.

If you are 65 or older and you need supervision or help with your personal care, you will have to claim Attendance Allowance (AA) instead. Unfortunately, you won't be able to get any help for mobility problems through AA.

You cannot get DLA and AA at the same time.


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What is Mobility Allowance?

Mobility Allowance is now called the mobility component of Disability Living Allowance. It is paid to people who have difficulty getting around outside. There are two different rates and they are paid for very different reasons.

The lower rate (£17.75 a week in 2008- 2009) is for people who can walk, but need someone with them (for most of the time) to guide or supervise them when on unfamiliar routes outdoors.

There can be many reasons for needing this guidance or supervision. Some examples are people who:

  • have a visual impairment
  • are deaf and cannot understand spoken or written instructions or directions well enough to get around on their own
  • have falls, fits or seizures and need someone to help them cope
  • have a mental health problem which causes them to get confused, frightened, aggressive, etc.
  • have learning difficulties.

The higher rate (£46.75 a week in 2008 - 2009) is for people who have a physical illness or disability that severely limits their walking ability. This can be because of something like severe discomfort, breathlessness, poor balance, the risk of aggravating a condition like angina or asthma, or because they walk very slowly.


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I am a carer. Can I get any financial help?

You may be able to claim Carer's Allowance. This used to be called Invalid Care Allowance. This can be paid to carers if:

  • You are over 16
  • You look after someone for at least 35 hours a week
  • You are not in full-time education
  • You do not earn more than £95 a week after expenses (2008-2009 rate)
  • The person you care for gets Attendance Allowance, or Disability Living Allowance care component at the high or middle rate.

You don't have to be related to the person you care for, or live with them. You can get Carer's Allowance for looking after your parent, your child or your partner.

While you get Carer's Allowance you will get Class 1 National Insurance credits, which count towards your retirement pension. Some carers can also get a Council Tax discount.

However, if you claim Carer's Allowance the person you care for may lose some of their means-tested benefits, so it is best to seek advice before you claim.


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Am I entitled to any holiday pay?

Most workers have the legal right to 4.8 weeks or 24 days paid holiday a year. If you are a fixed-term worker or a worker in your first year of employment, you are entitled to paid holiday in the same way as full time workers. If you work part-time your holiday leave is based on your normal working week, so if you normally work 2½ days a week you will be entitled to 12 days paid leave a year.

Some employers pay more than this legal minimum. You should be paid your normal wage while you are off, although you may not receive overtime or enhancements. If your employment ends, you have a right to be paid any holiday due and not taken.

If you are a member of the armed forces, police, or civil protection services, the law does not automatically give you the right to paid holiday. You will have to rely on your contract of employment for rights to holiday and holiday pay.

From 1 April 2009 legal holiday entitlement rises to 28 days a year.


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How much is the national minimum wage?

There are different levels of national minimum wage, depending on the age of the worker. The rates are currently as follows:

  • £5.52 per hour if you are aged 22 or over
  • £4.60# per hour if you are aged between 18 and 21
  • £3.40 per hour if you are aged 16 or 17 (but not apprentices)

#This rate can also apply to workers aged 22 and over during their first 6 months in a new job with a new employer while receiving accredited training.

From October 2008 the hourly rates rise to £5.77, £4.77 and £3.53 respectively.

The minimum wage applies to anyone entitled to work in this country including those people from overseas who work for a short period only.

Further information can be obtained by telephoning the national minimum wage helpline on 0845 6000 678. This is also the number to ring if you think you are being underpaid and wish to make a complaint.


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My debts are getting out of control. What can I do?

If you are having debt problems it is important not to ignore them. Talk to the people you owe the money to and let them know that you are having problems. Most organisations will be more willing to help if you approach them first.

The first thing to do is to check that you are getting all the benefits and tax credits to which you are entitled. Next, you should draw up a personal budget or financial statement. A financial statement will help you see how much income and expenditure you have each week or month and how much money is left over i.e. 'disposable' income. You could also look at ways of cutting back on your outgoings for example by finding a cheaper fuel supplier or insurance provider.

If you have more than one debt you will need to work out your priority debts. Priority debts are the debts that could have serious results if not paid. For example if you cannot keep up with your rent or mortgage payments you could lose your home, or if you cannot pay your gas or electricity bills you could be cut off. Once you have decided which are your priority debts, you will then need to work out how much you can realistically afford to pay back.

You will need to share the disposable income among your priority creditors and if there is anything left make pro rata offers to secondary creditors such as loan companies or credit cards.

It is important to make offers you can realistically afford, and stick to them. Sometimes people try to pay more than they can afford, and fall behind again.

You can contact your nearest advice centre or the National Debtline on 0808 808 4000 or www.nationaldebtline.co.uk for help. National Debtline provide online personal budget sheets for you to use and sample letters to send to creditors.


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How should I complete my Attendance Allowance and Disability Living Allowance forms?

Here are some tips you may find helpful:

  • Read through all the forms carefully.
  • Be aware of the qualifying rules and bear them in mind when completing the forms.
  • Write your answers in pencil first.
  • As the form is so long you may want to do a little at a time to make sure you give the best possible answers.
  • List all your health problems.
  • Remember that the decision maker is not medically qualified - so explain all your care needs, even the least significant.
  • Keep a diary - note how long it takes you to carry out activities, how often and for how long you need help.
  • Measure distances i.e. the time it takes when dressing, walking outdoors etc.
  • Describe the help you need to live a 'normal' life - as far as is reasonably possible - it doesn't matter if you don't actually get the help.
  • Remember you don't have to receive the help only 'reasonably' need the help.
  • Explain the consequences on your health of carrying out certain tasks.
  • If applicable, explain why aids and adaptions don't meet your needs.
  • Don't forget to include any encouragement, persuasion and cajoling you need to carry out tasks.
  • Answer all the questions that apply to you.
  • Don't be afraid to repeat yourself - repetition sticks!
  • Ask someone to help you fill in the form, preferably someone who knows about your needs and problems, like a carer, friend or relative.
  • Your local advice centre can also help, they can see you in a local office or in your home.
  • Keep a copy.

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Do I have to let the bailiffs in?

You should first contact the bailiffs and find out if it is possible to prevent them from calling to your home to recover the debt. A call-out fee is added to your debt every time the bailiffs visit. If you cannot pay the debt in full, you should try to negotiate with the bailiffs by offering affordable instalments.

If you cannot stop the bailiffs calling out and they have not been to your home before to collect this debt, you should not let them in. They have no right to break in at this stage, but they can enter by closed but unlocked doors and opened windows. Don't open the door to them as they may try to push past you.

You should not sign anything. If the bailiffs send papers for you to sign, or leave them with you, you do not have to sign them.

The bailiffs will want to make a list of goods which could be sold at auction to pay off your debts. Once they have this list and you have signed it, the bailiffs have taken legal control of the goods on the list. They then have a right to enter again and may break in to take the goods.

You should therefore refuse to let the bailiffs in. Offer what you can afford to pay and if the bailiffs accept, ask them to return to their car, then go out and pay them. Make sure you get a receipt.


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What things are the bailiffs not allowed to take?

There are certain things that the bailiffs are not allowed to take, such as goods that do not belong to you or goods that are rented.

The bailiffs can also not remove the following goods:

  • Any tools, books, vehicles and other equipment that are needed for your job
  • Any clothing, bedding and furniture, which are needed for your basic domestic needs

You should complain to the bailiffs if they attempt to remove any of these goods. If they do not belong to you, if possible you should show proof of this. The owner of the goods may need to provide a sworn statement i.e. a statutory declaration to prove ownership.


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