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Domiciliary care seminar

RICC seminar

On 28 April the Law Centre held a successful event facilitating discussion of the current Health and Social Care Board review of domiciliary care and its implications for service users.

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Funding secured for specialised chair for nursing home resident

Alzheimer’s Society contacted our Community Care Unit on behalf of a woman who was trying to get a specialised chair for her husband, who suffers from Parkinson’s disease and lives in a nursing home. There was a disagreement over who was responsible for this type of provision.

Following negotiations between the Law Centre, the nursing home and the Western Health and Social Care Trust, the Trust agreed to part-finance a chair that would meet his need.

This case reveals the lack of clarity around legal responsibility for the provision of specialised equipment when someone is placed by the Trust in nursing care.

The Human Rights Act 1998 was engaged in this case, along with the Health and Personal Social Services (NI) Order 1972 and the Chronically Sick and Disabled Persons (NI) Act 1978.

'Our caseworker dealt with our case very well. It was a difficult situation but she had a great success.'

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New residence rules for benefit entitlement cause hardship for young people back from placements abroad

The Law Centre has dealt with several cases recently where British and Irish citizens have fallen foul of a new requirement that a claimant must have been living in the Common Travel Area (UK and Ireland) for three months prior to a claim to Jobseeker’s Allowance.

The unforeseen consequences of a rushed-through piece of legislation

This new rule was rushed through just as the restrictions on access to labour market for citizensof Romaniaand Bulgaria were lifted. 

At the time, there was little understanding that returning nationals were also going to be affected but many have been.

The rule has caused a lot of hardship and is being interpreted in a very narrow way, affecting young people who went abroad to gain work experience.

Case study

A young man was referred to the Law Centre by Cookstown CAB. He had been told he would have to wait for three months before reapplying for JSA when he came back from a short placement abroad.

He had always lived in Northern Ireland where he had worked and studied. In 2013 he became unemployed and claimed JSA but used that time to improve his skills through part-time work and an internship. He stopped claiming JSA to take up a three-month placement in Italy on an EU scheme working in the hospitality industry in exchange for food, lodging, flights and 100 euros a month.

The Law Centre argued that during his period of temporary absence he was still technically living in Northern Ireland. He had kept his possessions at his parents’ house, kept his car and bank accounts at that address and clearly intended to return.  

Because he had both British and Irish nationality, we also pointed out that, in accordance with EU Treaty rights he exercised his right to free movement as an Irish citizen.  An appeal tribunal agreed with the Law Centre's argument.

Correction: an earlier version of this article mentioned that the young man had been paid arrears of JSA. We have been told that JSA has not been paid and that the Social Security Agency has requested the tribunal's statement of reasons with a view to appealing to the Social Security Commissioner.

Timeline of changes to residence rules 

This rule is one of a number of changes to residence requirements introduced in the last year. 

A Law Centre briefing explains the changes. You can read it here.

The residence rules are complex and anyone who may be affected by them is advised to consult an independent advice centre, Citizen’s Advice Bureau or, in complex cases, the Law Centre’s advice line. 

Advice line

Our social security legal advice unit is always happy to help in such cases and other benefit entitlement cases referred by members. Advice line: 028 9024 4401 or 028 7126 2433, Monday to Friday, 9.30am to 1pm.

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Befriending service established for young man with learning disabilities

The Law Centre negotiated with the Northern Health and Social Care Trust to set up a befriending service for a young adult with a learning disability.

The family had contacted Mencap who referred them to the Law Centre's Community Care Unit.

The Trust had conducted an assessment and had agreed that the young man had a genuine need. However, there was no adequate provision within the Trust for befriending young people with learning disabilities and there was a long delay in arranging the service.

As the primary carer, the mother was finding it increasingly difficult to sustain the level or care her son needed at home and her own health was suffering.

Following negotiations, the Trust has now set up and funded the service and the family are reporting that it is working well.

As well as specific laws on health and social care, this case involved article 8 of the European Convention on Human Rights: the right to private and family life.

The young man's mother has praised the Law Centre's community care legal advice service: 'Excellent support, excellent advice'.

Relevant Legislation:

Health and Personal Social Services (NI) Order 1972
Carers and Direct Payments Act (NI) 2002
Chronically Sick and Disabled Persons (NI) Act 1978
Human Rights Act 1998

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Working with member CAB secures swift happy outcome for client

L’Derry Citizens Advice Bureau contacted the Law Centre last December on behalf of a Lithuanian lady who had become destitute when her Jobseeker’s Allowance and Housing Benefit were stopped.

She had come to Northern Ireland in 2005 and worked continuously until 2014.  Her award was stopped following a Genuine Prospects of Work interview because the Agency did not think she satisfied residence rules for entitlement.

Our social security unit established that the client had permanent residence for benefit purposes but had missed the deadline for appeal. We advised the CAB adviser to lodge a late appeal and to obtain the relevant documentation from the client, covering continuous work and completion of worker registration scheme.  We helped write up the grounds for appeal and wrote a submission to NIHE.

This joint effort secured a speedy resolution for the client. JSA was reinstated on 19 December and Housing Benefit soon after. Both benefits were backdated.

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Work with us: training officer

Training Officer (Temporary post until 31 March 2016)

Reference number: TO 03-15.  35 hours per week. Based in Belfast - 

We are seeking a person with a professional qualification related to training and at least two years experience of writing, designing, preparation and direct delivery of training/tutoring to adult learners.

Salary: £29,528 - £30,311 NJC Points: 35-36

Closing date for applications: Friday 22 May 2015 at 12.30 pm

Interviews: Monday 1 June 2015

Download application form

Information about Law Centre (NI)

Law Centre (NI) is striving towards equal opportunities and welcomes applications from all sections of the community. As Protestants and men are currently under-represented in our workforce, we would particularly welcome applications from them. All appointments will be made on merit.

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Forced labour in NI: mapping issues and remedies

Tim Keeling, Director of Yoke Farm, Minister for Justice David Ford MLA, Júlia Tomás, Unchosen Films and Glenn Jordan, Director, Law Centre NI 

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Reminder: films and Q&A on forced labour this Saturday

unchosen logoSlavery was abolished over 200 years ago but human exploitation is still very much alive in Northern Ireland. Law Centre (NI), Unchosen and Belfast Film Festival have joined forces to bring to Belfast three short films that tell the human stories behind forced labour and trafficking.

The films will be screened at the QFT this Saturday 25 April at 12pm, followed by a discussion at 1pm. This is a free event. Advance booking is recommended but not essential. Light refreshments will be served.

The films include ‘Yoke Farm’ which won the 2014 Unchosen Short Film competition.  ‘Yoke Farm’ draws on the Law Centre’s experiences of providing legal advice and representation to victims of exploitation and its director, Tim Keeling, will join the panel discussion on modern day slavery and forced labour. 

Other speakers will be:

  • Kasia Garbal, Migrant Workers Project Officer, Irish Congress of Trade Unions;
  • Fidelma O’Hagan, Anti-Trafficking Legal and Policy Adviser, Law Centre (NI); and
  • Caroline Maguire, Employment Legal Adviser, Law Centre (NI).

Glenn Jordan, Director at Law Centre (NI), who will chair the discussion, commented: "We are delighted to partner with Belfast Film Festival and Unchosen for this important event which will highlight the human dimension of a hidden scandal.”

anti-trafficking-young-people-project-web

People can find themselves in situations of forced labour in legitimate businesses, not just in illegal enterprises.  Many have not been trafficked but are vulnerable to exploitation, maybe because they don’t know their rights or are unsure about their immigration status.

Glenn Jordan added: “The challenge for Northern Ireland is to identify exploitation where it occurs and to ensure that victims receive full protection and that enforcement measures are put in place to create a strong deterrent.” 

The Law Centre’s employment advisers provide legal advice and representation to victims of labour exploitation across Northern Ireland. The organisation’s Anti-Trafficking Young People Project helps children and young people who have been identified as victims of trafficking.

For advance booking, go to: http://belfastfilmfestival.org/films/unchosen

 

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Asylum seekers and healthcare poster

Download a poster to inform asylum seekers on their right to free healthcare in Northern Ireland.

Asylum healthcare poster

 

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The Rights in Community Care Group

RICC seminar

Convened by the Law Centre, the Rights in Community Care Group (RICC) is a collective of organisations with a shared interest in promoting an equality and human rights based approach to the delivery of community care services and support in Northern Ireland.

RICC advocates the provision of good quality community care and support services that emphasise; voice, choice and control for all.

RICC promotes equality and the rights of both those receiving care and those who deliver the services.

RICC provides a platform for information dissemination, sharing expertise and discussion.

Seminars

Since 2011, RICC have hosted a series of seminars on topics such as:

  • Facing the Funding Challenges;
  • Building the Community care Workforce;
  • The Northern Ireland Single assessment Tool, Care and Caring, Equality and Human Rights:  Translating Equality and Human Rights into care and service delivery;
  • Personalisation, Rights and Excellence in Care;
  • Involving the Experts: Making the Most of Service User and Carer Participation.

The seminar series offers an informal opportunity to explore critical issues affecting the provision of social care in Northern Ireland against the backdrop of Transforming Your Care. The seminars feature speakers from both the statutory and non-statutory sectors and conclude with a panel discussion, chaired by the hosting organization.

More information

For further information contact Colin Harper This e-mail address is being protected from spambots. You need JavaScript enabled to view it or phone 028 9024 4401

RICC Coordinating Member Organisations

Alzheimer’s Society

UNISON

Disability Action

The Cedar Foundation

Carers NI

Age NI

Law Centre (NI)

Centre for Independent Living

 

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Legal Support Project: call for volunteers

LSP adviser

The Legal Support Project (LSP) is seeking new volunteers to undertake representation in social security appeals and industrial tribunals.

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Seminar - Domiciliary Care - 28 April

Rights in Community Care will hold a seminar on Domiciliary Care on Tuesday 28 April:

"Domiciliary Care – future developments, future challenges"

Guest Speakers:

Claire Keatinge, Commissioner for Older People Northern Ireland
Kevin Keenan, Assistant Director Older People and Adult Services, HSCB.
Jonathan Swallow, Social Policy Consultant, UNISON
John McCormick, Carers NI

Presentations will be followed by a Chaired Panel discussion

Venue: Law Centre (NI)
Date: Tuesday 28 April 15
Time: 2pm – 4pm

RSVP by Monday 27 April to Trisha Tabet by e-mail This e-mail address is being protected from spambots. You need JavaScript enabled to view it  or phone 028 90 244401

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New rules for repeat claims to ESA

Before 30 March 2015, a person who made a repeat claim to Employment and Support Allowance (ESA) would automatically be treated as having limited capability for work provided s/he could provide certificate from her/his GP, even if the most recent decision after a Work Capability Assessment was that s/he did not have limited capability for work. This would apply until the next Work Capability Assessment.

This is no longer the case. From 30 March 2015, if a person makes a repeat claim to Employment and Support Allowance (ESA), where the most recent decision after a Work Capability Assessment was that s/he does not have limited capability for work, s/he will not automatically be treated as having limited capability for work.

Instead the person will have to demonstrate her/his health condition has significantly worsened or s/he has a new health condition. This applies even if the repeat claim is made after a period of six months.

The previous six months rule continues to apply to those who are treated as not having limited capability for work because they failed to return the ESA50 or attend a medical examination.

In addition, a person will no longer be entitled to payment of ESA pending appeal where the appeal is against a decision on a repeat claim. Instead, a person in these circumstances will be expected to claim Jobseeker’s Allowance (JSA). The period for which a person can have a period of sickness but remain entitled to JSA has been increased to 13 weeks.

Example

Joe had claimed ESA on 14 June 2014 for the first time due to mobility difficulties. He initially received ESA payments at the assessment phase rate. He was subject to a Work Capability Assessment medical examination and it was determined that he did not have limited capability for work. He appealed this decision and continued to supply medical certificates from his GP. As a result, he continued to receive ESA at the assessment phase rate while waiting for his appeal to be heard. His appeal was heard on 28 March 2015 and the tribunal dismissed his appeal and found that he did not have limited capability for work.

Joe makes a new claim to ESA on 31 March 2015. He supplies a medical certificate from his GP which states that he remains unable to work due to his problems with mobility. However, as this is a repeat claim made after 30 March 2015, he cannot be treated as having limited capability for work unless he can show a new condition or that his condition has significantly worsened to the extent that he would be likely to score 15 points on the WCA.

In addition, the decision maker will consider the evidence from his previous claim in determining if Joe has limited capability for work. Joe may not be asked to attend a medical examination for this claim if that previous evidence can still be relied on.

If his claim to ESA is refused on the basis that he does not have limited capability for work and he appeals this decision, he will not be paid ESA while waiting for his appeal to be decided.

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How we help: pregnancy, Income Support and the right to reside

We represented a Europan woman who had been refused Income Support and lost her Housing Benefit in the late stages of pregnancy. As she already had a child who was not yet in school, this had left her in a very precarious situation.

She had lost her job last autumn and had been awarded Jobseeker’s Allowance (JSA). A few weeks before her child was due to be born, her JSA was terminated and she was told to apply for Income Support, as the rules on availability for work mean that a woman in late stages of pregnancy cannot be entitled to JSA.

Her claim for Income Support was refused and she was told that she did not satisfy the residence requirements for this benefit. Her Housing Benefit was suspended as a result. She already had a child who was not yet in school.

We contacted Decision Making Services and supplied some evidence including sick notes from her GP saying she was incapable of work because of the birth of her child.  We argued that she had retained her worker status because she was temporarily incapable of work on the grounds of pregnancy. We based our argument on the recent decision of Saint Prix v SSWP, which stated that a woman who gives up work or seeking work because of the physical constraints of the later stages of pregnancy and the aftermath of childbirth retains the status of ‘worker’ under Article 45 of the 2006 EEA Regulations, provided she finds work again within a reasonable period of time.

The Regulations “must be interpreted as meaning that a woman who gives up work, or seeking work, because of the physical constraints of the late stages of pregnancy and the aftermath of pregnancy and the aftermath of child birth retains the status of ‘worker’, provided she returns to work or finds another job within a reasonable period of time after the birth of her child.”

The Department agreed and revised the Income Support decision, and Housing Benefit was also reinstated.

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Law Centre's immigration legal advice suspended at present

Please note that due to a restriction in funding, from 1 April 2015 the Law Centre is unable, until further funding is secured, to provide specialist legal advice and assistance on immigration matters. 

The Law Centre continues to provide legal advice and assistance in relation to children and young people who are the victims of human trafficking.  Please also note that the Law Centre also continues to provide legal advice and assistance on social security, employment, community care and mental health issues, including as these issues relate to migrants and those affected by immigration law. 

Should you require legal advice and assistance with an immigration matter, please go to Law Society NI: www.lawsoc-ni.org, telephone 028 9023 1614.  

For other support, the following organisations may be able to provide assistance:

Organisation

Welfare issues

Contact

Belfast Migrant Centre

Support and advice for victims of racist hate crime

028 9043 8962

NICRAS

Welfare advice  for asylum seekers and refugees including destitution, education, housing issues, etc.

028 9024 6699

Chinese Welfare Association

Support and welfare advice for members of the Chinese community

028 90 288277

Extern

Welfare advice (including assistance with housing and benefits) for newly recognised refugees

028 9033 0433

British Red Cross

Support for destitute migrants

028 9073 5350

Migrant Help

Assistance for asylum seekers applying for NASS support

0808 800 0630

Law and Migrant Rights Centre

Legal advice and information in the areas of immigration, employment, social security, housing and education

028 8775 0211

Citizens Advice NI

General advice

Greater Belfast:

030 0123 3233

 

Outside Belfast:

Find your nearest advice centre here

Advice NI

General advice

028 9064 5919

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Benefit and tax credit rates 2015-16 now on our website

For an up-to-date list of benefits and tax credits rates which apply in Northern Ireland from April, visit our Encyclopedia of Rights:

Benefit and tax credit rates 2015-16

 

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Bringing a hospital patient back to his family

The Law Centre helped a family bring their brother back from England to a hospital in Northern Ireland where he would be able to see them more often.

He had been transferred from a local psychiatric unit two years ago in the hope that he would receive more appropriate treatment in tEngland but the treatment was not working out. The family wanted him moved back here where he would receive equal level of treatment but would be closer to them. This would have been more respectful of his Article 8 family rights under the European Convention on Human Rights.

They had not managed to progress their case for some time and they were referred to the Law Centre by CAUSE, the association for families, partners and friends caring for people with mental illness.

In October, at a meeting between our clients, the Law Centre, the Trust and the Chair of the Health Committee, a commitment was given to transfer him back before Christmas. He was brought back in December and the family are very happy.

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Getting legal status for a Syrian war refugee

Law Centre (NI) was contacted by the family of a Syrian man who had fled the war in his country with his family but was having problems getting refugee status.

He had been working as a dentist in Syria where the family had a good life before the war. Then the war broke out and a number of professionals and family members were killed or abducted. The family fled to Turkey in 2012. 

His wife and children, who are British/Irish citizens were able to travel to Northern Ireland to stay with relatives but he had to return to Syria as he had no money and was not a British citizen.

Unfortunately, his life remained at risk in Syria so his wife returned for him in 2013. The family resided together in the Republic of Ireland, before coming up to Northern Ireland where he claimed asylum.

Following representations from the Law Centre, the Home Office has now accepted his claim for asylum and granted him Refugee Status and five years leave to remain.

Although he is a qualified dentist, as an asylum seeker he was unable to work whilst his claim was pending.  Our social security and community care advisers had been able to help the family to access benefits and emergency help while he was going through this process.

The work of our immigration advice unit has ensured that he is now able to stay with his family and practice his profession.

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Legal Aid: some good news for refugees and asylum seekers

The Justice Minister has accepted arguments by the Law Centre and the Refugee and Asylum Forum that immigration advice and family reunion must be kept within the scope of Legal Aid. More information here.

This is good news as refugees and asylum seekers are among the most vulnerable in our society. Asylum seekers and those who are appealing asylum refusals are not allowed to work and therefore are unable to build up any savings to pay for legal fees.

Glenn Jordan, Director of Law Centre (NI), said:  “We are particularly pleased to hear that the Minister has dropped his proposal to remove legal aid for refugees who seek to be reunited with their families. 

Many refugees are understandably worried about families left back home in dangerous situations or in unsustainable refugee camps, and bringing them to a place of safety is often their first priority.

We know that funding family reunion through the legal aid budget is much cheaper than the additional court cases that would be generated through lack of appropriate legal advice. More importantly, assisting in family reunion is a fundamental social justice issue which can impact positively on the welfare and mental health of often destitute refugees.

The Law Centre and our partners in the Refugee and Asylum Forum have been pressing the Minister on this issue and other concerns regarding the impact of proposed changes to legal aid on some of the most vulnerable groups in society.” 

The Law Centre’s response to the Department of Justice review of Legal Aid can be found here.

Our preferred position is that DoJ does not remove employment, immigration or social security from the scope of civil legal aid.  If DoJ does proceed with proposals to cut legal aid from any of these areas then:

  • DOJ must recognise that advice organisations rely on Green Form to fund interpreters and expert reports. Additional funding will need to be made available;
  • a system for applying for funding on an exceptional basis needs to be devised.
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Work with us: financial control officer

Would you like to work with us?

We are looking for a person with:

  • a relevant accounting technician qualification (or equivalent), and
  • at least three years experience in a finance position including:
    • preparing accounts to trial balance,
    • financial reporting,
    • budgetary control, and
    • operating computerised accounting systems including payroll.

More information here.

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