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Introduction to Benefits

Introduction to Benefits. Law Centre (NI) January 2009. Aims & Objectives. Learners will be able to state the different categories of social security benefits Understand the concept of fraud and the consequences of making a fraudulent claim. Schedule - PM. 1.30 Introduction to Benefits

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Introduction to Benefits

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  1. Introduction to Benefits Law Centre (NI) January 2009

  2. Aims & Objectives • Learners will be able to state the different categories of social security benefits • Understand the concept of fraud and the consequences of making a fraudulent claim

  3. Schedule - PM 1.30 Introduction to Benefits 1.40 Means Tested & Non-Means Tested Benefits 2.30 Tea Break 2.40 Claims, fraud & decision making 3.35 Evaluation & Home Study 3.45 Finish

  4. Categorising benefits • Means - tested - test of ‘means’ - income and capital low enough - some conditions • Non means – tested- satisfy certain conditions - limited consideration of means

  5. Non means tested • Contributory - National Insurance Fund - National Insurance Contribution Record - Contribution Tests • Non - contributory - General Taxation - Conditions of entitlement e.g. Residence test

  6. Non means – tested • Contributory • Contribution Based Jobseekers Allowance • Incapacity Benefit • Bereavement Allowance • Bereavement Payment • Widowed Parents’ Allowance • Retirement Pension A and B • Graduated Retirement Pension • Employment and Support Allowance (Contribution based)

  7. Non means – tested • Non Contributory • Attendance Allowance • Child Benefit • Disability Living Allowance • Carer’s Allowance • Industrial Injuries Benefits • Retirement Pension • Statutory Maternity, Paternity & Adoption Pay • Statutory Sick Pay • Maternity Allowance • Guardians Allowance

  8. Overlapping benefits • Earnings replacement benefits • Only one benefit payable • Adult dependant addition: • only one • none where a person gets own benefit

  9. Means tested benefits • complex rules re entitlement • assessment of needs and resources • some are passported benefits

  10. The main means – tested benefits • Income Support • Income Based Jobseeker’s Allowance • Tax Credits • Pension Credit • Housing Benefit • Social Fund • Health benefits • Employment and Support Allowance (Income based )

  11. CATEGORIES Means Tested Non-Means Tested Contributory Non-Contributory

  12. PASSPORTING BENEFITS

  13. Health benefits • free prescriptions • free NHS dentures and dental treatment • vouchers for glasses and free eye tests • free wigs and fabric support • fares to hospital • free milk and vitamins [IS, JSA(IB), Child Tax Credit only and gross income below £15,575]

  14. Making a claim • usually in writing • appropriate SSA form • discretion of Secretary of State • ‘onus of proof’ rule (exemptions)

  15. Time limits Three months backdating • Child Benefit • Carer’s Allowance • Guardians Allowance • Maternity Allowance • Incapacity Benefit/Employment & Support Allowance • Bereavement Allowance • Child Tax Credit • Working Tax Credit • Housing Benefit • Pension Credit

  16. Varying backdating rules • Retirement Pension and Bereavement Payment up to 12 months • Housing Benefit • Up to 6 months if show continuous good cause and under 60 years of age. • IS, JSA 1 to 3 months if special circumstances.

  17. Notification • written decision • target times for notification • statement of reasons • if not received, request within one month

  18. Benefit Fraud • Deliberately misleading the department • Fails to notify promptly a change in circumstances • Allows another person to fail to notify change of circumstances

  19. Benefit Fraud Two offences: • False representation • Dishonest representation

  20. Benefit fraud • Formal Caution • Penalty • 30% of recoverable overpayments • Prosecution • magistrates court • £5,000 fine • 6 months imprisonment • benefit sanctions for 13 weeks • stiffer penalties in higher courts

  21. Department for Social Development - most benefit claims Board of HMRC - some benefits DSD/ Board of HMRC - decision makers Representatives Social Security Agency - decision makers HMRC - HMRC Officer Decision makers

  22. Sources of law • Legislation - primary - secondary • Case law - law developed and interpreted by judges in cases - doctrine of precedent • European Law - legislation and case law precedence over UK law

  23. Tribunals • adjudicate on issues re welfare benefits • less formal/legalistic than courts • one, two or three members • allowed representation • legal aid not usually available

  24. Types of tribunal • Appeal Tribunals (Social Security) • Industrial (IT) • Mental Health Review

  25. Law Centre (NI) ADVICE REPRESENTATION TRAINING Telephone Belfast : (028) 9024 4401 Telephone Derry : (O28) 71 262433 Website: www.lawcentreni.org

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