Welfare Benefits

Welfare benefits may be available to meet the victim’s needs, her children’s needs and her housing costs. Women need advice and accurate information about their entitlement and should seek help from advice agencies, since most benefits to which they may be entitled will depend on their circumstances.

DSS/Benefits

Benefits to which she may be entitled include: Income Support, Social Fund, Working Families Tax Credit, Jobseeker’s Allowance, Child Benefit, Incapacity Benefit and the disability benefits.

Income Support

Income Support is a means-tested benefit that is based on income and savings. If the woman does not have savings above the prescribed amount and is either not working or is working less than l6 hours a week, she may be entitled to Income Support. She will not have to sign on as unemployed if she has dependant children, is over 60 years of age, sick, disabled, or pregnant and expecting a baby within the next eleven weeks.

The benefit is made up of a personal allowance and an allowance for any children. The woman may also be entitled to a premium, which vary according to the ages of the children in the family, whether a lone parent, a pensioner with a disability or the children have disabilities. To claim Income Support an A1 form should be completed by women under 60 years of age, and a SP1 for those who are aged 60 or above. If she has a mortgage, Income Support may provide help with the interest, but not usually from the start of the claim.

People and their dependants on Income Support are also entitled to free prescriptions, dental treatment, sight tests, and vouchers for glasses. Children are entitled to free school meals.

Free milk tokens are available to those in receipt of Income Support or Income-based Jobseeker’s Allowance, who are under five years of age or women who are pregnant.

See Chapter 11, which is entitled Immigration Issues, for information on the financial support available to asylum seekers.

Working Families’ Tax Credit

If the woman works 16 hours or more each week, but is on a low wage, and has one or more children, then Working Families’ Tax Credit can be claimed. Working Families’ Tax Credit takes into account some childcare costs.

Job Seekers Allowance

Entitlement to Jobseeker’s Allowance (Contribution Based) is based on past National Insurance contributions. Entitlement to Jobseeker’s Allowance (Income Based) is a means tested benefit like Income Support and is paid at the same levels as Income Support. A woman applying for Jobseeker’s Allowance must be unemployed, available for work and show that she is actively seeking employment. She should fill in a B1 claim form.

Incapacity Benefit

Qualifying for Incapacity Benefit depends on the amount of National Insurance contributions paid. There must also be a medical certificate confirming incapacity for work.

Child Benefit

Child Benefit is paid to people who are responsible for a child or children under the age of l9 and the child(ren) is still at school. However, asylum seekers lost their right to claim Child Benefit on 7.10.96.

Housing Benefit & Council Tax Benefit

Housing Benefit is paid by the local authority to help pay part or all of the rent. Council Tax Benefit will pay part or all of the Council Tax. Both Housing Benefit and Council Tax Benefit are means-tested benefits that are based on income (whether low wages or benefits) and savings levels. Housing Benefit does not cover heating, water or other bills. Housing Benefit can be paid either direct to the landlord or to the claimant.

The local authority can pay benefit on two homes for up to a maximum of 52 weeks, if the woman can prove she has left her former home through fear of violence, she intends to return to it from her temporary accommodation and she has not sub-let it. She only needs to show that she left her home through fear of violence, rather than actual violence. Housing Benefit can be claimed on two homes for 4 weeks, with no intention to return home. Also, where there is a child under five years of age, Housing Benefit can be claimed from the place of danger, allowing them to plan their escape.

Council Tax

Council Tax can be reduced for a number of reasons: if someone is the sole occupant of their household, if they are on low income or the house has been especially adapted for disability needs.

Social Fund

There are five types of payment under the Social Fund: Crisis Loan, Budgeting Loan, Community Care Grant, Funeral Grant and the Sure Start Maternity Grant. Crisis and Budgeting Loans have to be paid back from future payment of benefits, but are interest free. The decision to award loans and grants is discretionary, and in most cases determined by the budget of the local DSS. All unsuccessful applications should be appealed. Note that there are normally more funds available at the beginning of the month than at the end.

Budgeting Loan

This is a repayable loan assessed by income and ability to repay. It is to help meet one off expenses. The woman must have been on Income Support for six months and any savings over £500 are taken into account. The loan will be recovered from the claimant’s Income Support. The minimum that can be applied for is £30 and the maximum is £1,000. The DSS can recover the loan over 78 to 104 weeks.

Crisis Loan

A Crisis Loan may be provided in an emergency. It can be used to replace necessary items abandoned because of fear of violence or can be for day to day living expenses for up to l4 days whilst waiting for Income Support to be paid. It is not necessary to be receiving Income Support in order to apply. It is helpful to have evidence from doctors, social workers or police officers about the violence or threats of violence the woman may have experienced, as it is important to show that there are serious risks to the woman’s safety.

It will still be possible for an asylum seeker to ask for a Crisis Loan, but as they are given on the basis that the claimant can show their ability to repay, they will be limited or refused.

Community Care Grant

A Community Care Grant is not repayable. It can be paid to replace lost or unavailable items after fleeing from the former home due to domestic violence or after leaving a refuge or other temporary accommodation to buy items to set up a new home.

As with the other two loans, no one has a right to a Community Care Grant. To apply for a Community Care Grant the claimant must be in receipt of Income Support or income-based Jobseeker’s Allowance (Income Based). The minimum amount of grant that can be applied for is £30.

Direction 4 lists people who qualify for a Community Care Grant. A grant can be awarded to applicants to help them lead an independent life in the community if:

1. They are about to leave residential care — 4 (a)(i).
2. They need assistance to reduce the risk of going into care — 4(a)(ii).
3. A grant would ease exceptional pressure on the applicant or their family — 4(a)(iii), e.g.
   • A family with special needs because it is coping with a disability or chronic sickness.
   • A family after the breakdown of a relationship, particularly if this involved domestic violence.
   • A family that has to move and set up a new home because of unsuitable or temporary accommodation.
4. A grant would assist prisoners on release — 4 (a)(iv).
5. Applicants are establishing a new home as part of a resettlement programme — 4(a)(v). This now includes someone that has been "staying in temporary accommodation provided by the Home Office pending a decision on their application for asylum in this country".

The Benefits Agency’s guidance says that this list is not definitive. So asylum seekers whose accommodation was provided by the local authority, not by NASS, and those who were staying with friends should be able to argue that they too satisfy Direction 4.

The decision making is a two-stage process. The first stage is to decide whether the applicant meets Direction 4. Only then will the Benefits Agency consider whether the applicant has enough priority. So it is important that advisors ensure that the application clearly defines how the applicant meets Direction 4.

When making an application for a claimant that has left a situation of violence it is important to give details of the danger to health and safety and any examples of exceptional pressures.

To apply, complete Form SF500 for a Budgeting Loan, Form SF401 for a Crisis Loan and Form SF300 for a Community Care Grant (which are available from the local Benefit Agency or advice centre) giving as much information as possible.

If the application is refused, the claimant can ask for a review by the Social Fund Officer within 28 days. In 1999/2000, 29% of people that asked for a first stage review at the local Benefits Agency were successful. If the application is still refused, the claimant can ask for the decision to be referred to the Social Fund Inspector, giving as much information as possible and explaining any changes to her circumstances that may help to overturn the decision. In 1999/2000, in 26% of these cases the decision was changed in favour of the applicant.

Sure Start Maternity Grant

Claimants must be on Income Support or Jobseeker’s Allowance (Income Based), Working Families Tax Credit or Disabled Person’s Tax Credit. Any savings over £500 will be deducted from the grant. The claim pack — SF100 (Sure Start) — contains a form to take to a Midwife, GP or Health Visitor. The health professional will write on the form:

• The date the baby is due or was born.
• That the health professional has given advice about health and welfare in pregnancy and/or of the baby.
• Sign and stamp the form.

The advice will be given as part of the normal ante-natal or post-natal care and no special appointment will be needed.

Benefits for those Subject to Immigration Control

See Chapter 11, which is entitled Immigration Issues, for further information on the financial support available to those subject to immigration control.

Further Information on Welfare Benefits:

1) Anti-Poverty and Welfare Rights Unit,

3 Nelson Street,
East Ham, E6 6EQ.

Their Welfare Rights Hotline is open to all council and voluntary sector staff:

Monday: 2pm to 4pm

Wednesday: 9.30am to 12.30pm

Friday: 9.30am to 12.30pm

Tel: 020 8472 1430 extension 22449

Or visit their website:

http//:www.newham.gov.uk/welfarerights

2) Child Poverty Action Group: Welfare Benefits Handbook.

Available from

CPAG Ltd,
1-5 Bath Street,
London EC1V 9PY.
Tel: 020 7253 3406,
Fax: 020 7490 0561