Benefits, and most taxes, are dealt with centrally for the whole of the UK. Some legislation concerning children’s and families’ welfare services, and concerning disability rights, predates devolution in 1999, and some of it came after. Post-devolution legislation varies according to which part of the UK you are in. European and other international decisions have affected some of the legislation in different parts of the UK.
Legislation is what forms the basis of enforceable rights. In the case of Benefits, what is important for most people is the listing following the revision that takes place each April with the UK Budget, and occasional adjustments to the amounts at other times of year. In the case of rights and services, it can be useful at times to know which laws apply to your family, and how. Although there is a great deal of information that summarises the law, sometimes that does not answer your specific question, and going back to the source can be useful. If you wish to do your own research, the Office of Public Sector Information (OPSI) on the Internet is the place to start, www.opsi.gov.uk.
Unusually, in 2010 there was a regular budget in April and then an "emergency budget" by the newly-elected Westminster Government in May. This is likely to affect Benefits for a number of years, but especially between now and 2012. It is worth keeping an eye on changes, and for families of children with brain-related conditions, one way is to look at the News and Legislation sections of the Cerebra Newsbeat magazine each quarter. It is free of charge and you can receive it by becoming a member.
Cautions
Make sure the law applies in your part of the UK. If a document does not say where the law applies, it is quite likely to apply in England, or possibly the whole UK.
Make sure that any amendments made to a law by other, subsequent laws have not changed your rights. Again, because of the constant tweaks that occur with the laws, it is important to be up to date.
Check out your findings with a helpline or legal advisor, because there are complex interrelationships between different pieces of legislation. There is also "Case Law", which builds up precedents about the interpretation of laws, based on decisions that have been made in Court cases.
Beyond the laws, there are Codes of Practice, more local regulations and guidance documents issued to public services, that also carry some legal weight. If you know what kind of document a service (or the withholding of a service) is based on, you may find that it is possible to challenge it.
Key legislation
A list of all the legislation that affects services for children and families in the UK would be long and complicated. These are the key pieces of legislation for most of the questions that parents ask us:
- Apprenticeships, skills, children and learning Act 2009
- Data Protection Act 1998 (about personal data) and Freedom of Information Act 2000 or Scotland Act 2002 (about public data).
- Disability Discrimination Acts 1995, 2005. (Different elements of the DDA have come into force gradually since 1995. The Code of Practice, 2006 is useful.)
- Children and Young Persons Act 2008 (e.g. about short breaks)
- Children Act 1989 (c. 41), and occasionally 2004 (about social care).
- Children, Schools and Families Act 2010
- Education Acts 1993, 1994, 1996, 1997, 2002, 2005.
- Education (Additional Support for Learning) (Scotland) Act 2004 and 2009
- Education And Skills Act 2008
- Equality Act 2010
- School Standards and Framework Act 1998 (c. 31)
- Special Educational Needs and Disability Act 2001 (c. 10).
- Welfare Reform Act 2009 (broadly about Benefits)
For SEN, the Codes of Practice are most relevant to parents:
Acts with different dates but the same name are all likely to be still in force, at least in part.
Finding general help
Cerebra Parent Support can give general information on your entitlements to benefits, equipment, adaptations and other rights. We can also help to dig out the relevant statutory documents and point enquiries in the right direction. The telephone / email help line service covers the whole of the UK, and there are regional officers based around the country, who can meet you to go through forms.
When it comes to working out what Benefits an individual family is entitled to, this can be a complex question, involving sitting down with specific figures for income and other circumstances. Some Benefits are means-tested and some are not; some depend on age or incorporate various time conditions; and some depend on whether you are already in receipt of other benefits. We can help with general questions but you may also need one of the organisations listed below which specialise in this area.
If you have worked your entitlements out yourself or with one advisor, it is a good idea to get a second opinion. Sometimes people receive incorrectly calculated information, either initially or when their circumstances change.
If you have explored the Benefits you are entitled to (listed on our factsheet, Welfare Rights and Benefits for Children), and other public sources of supply (for example, NHS equipment services), and you find that you still need items for a child’s needs, we may be able to help through our Grants Scheme, or direct you to other sources of grants.
Specialist help
Benefit Enquiry Line, tel: 0800 88 22 00, or for Northern Ireland, tel: 0800 22 06 74.
Each local authority area has some kind of welfare rights / disability rights advice service, which the local authority / public library should have details of. Local Jobcentre Plus offices also deal with Benefits.
In England and Wales you can search for a specialist local advisor or solicitor, including Citizens Advice and other organisations, at http://legaladviserfinder.justice.gov.uk/AdviserSearch.do, or by phoning Community Legal Advice on 0845 345 4 345. (The telephone service is for people who would qualify for Legal Aid – depending on your question, this would be either yourself or your child.)
Disability Alliance. Their telephone and email services are for member organizations only, but online, www.disabilityalliance.org is available to all and contains a wealth of information on benefits and rights. It also lists its national and local member organisations, which provide advice services to the public.
Equality and Human Rights Commission (EHRC). Works to protect individuals from discrimination. It is a new organisation that combines the functions of the old Disability Rights Commission with others. www.equalityhumanrights.com, 0845 604 6610 (England); 0845 604 8810 (Wales); or 0845 604 5510 (Scotland). Northern Ireland has its own Equality Commission, http://www.equalityni.org, tel: 028 90 890 890.
Transition Information Network. Information for families with young people aged 14 – 25, who are finding their way from children’s to adults’ services and Benefits. www.transitioninfonetwork.org.uk (Internet only).
Useful publications
Dept. of Work & Pensions. Leaflets and booklets from Jobcentre Plus offices and Citizens Advice, DWP offices, or main post offices. All of their leaflets and guides are also available on the Web at: www.dwp.gov.uk/advisers/cat1/all-products.asp