Welfare rights means the rights of people to be aware of and receive their maximum entitlement to state welfare benefits, and to be treated reasonably well by the welfare system. It has been established in the
United Kingdom since 1969 and has also been developed in other countries including
Ireland,
Australia and the
United States. It became necessary because of the complexity of the UK social security system and had links at the time with a growing
Claimants Union movement. As local authorities realized the advantages of having well-informed front-line staff such as housing officers and social workers, who often have to deal with benefit queries as part of their wider tasks, they turned to welfare rights staff to provide that expertise for both training and handling complex cases. In the 1980s, as local authorities took on the wider 'equalities' agenda, anti-poverty work was seen as a valid local activity in itself. Increasing benefit income helps individuals but also boosts the local economy.
Welfare rights in the United Kingdom
Some
local authorities
Local government is a generic term for the lowest tiers of public administration within a particular sovereign state. This particular usage of the word government refers specifically to a level of administration that is both geographically-loca ...
and
voluntary sector
The voluntary sector, independent sector, or civic sector is the realm of social activity undertaken by organizations that are non-governmental nonprofit organizations. This sector is also called the third sector, community sector, and nonprofit ...
organisations, such as the
Citizens Advice Bureau
Citizens AdviceCitizens Advice is the operating name of The National Association of Citizens Advice Bureaux which is the umbrella charity for a wider network of local advice centres. The abbreviation CitA is sometimes used to refer to this nation ...
, employ paid or volunteer welfare rights advisers. These advisers usually offer free, impartial and independent advice, information and support on all aspects of
social security benefits and tax credits, including free representation at a
First-tier Tribunal
The First-tier Tribunal is part of the courts and tribunals service of the United Kingdom. It was created in 2008 as part of a programme, enacted in the Tribunals, Courts and Enforcement Act 2007, to rationalise the tribunal system, and has since ...
and
Upper Tribunal
The Upper Tribunal is part of the administrative justice system of the United Kingdom. It was created in 2008 as part of a programme, set out in the Tribunals, Courts and Enforcement Act 2007, to rationalise the tribunal system, and to provide a ...
, which are administered by the UK
Ministry of Justice A Ministry of Justice is a common type of government department that serves as a justice ministry.
Lists of current ministries of justice
Named "Ministry"
* Ministry of Justice (Abkhazia)
* Ministry of Justice (Afghanistan)
* Ministry of Justi ...
.
Welfare rights advice and representation is also provided by some
solicitor
A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and ...
s,
barristers
A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and givin ...
and independent advisers or companies. These advisers may charge a fee or they might provide limited
pro-bono (free) advice and assistance.
Welfare rights advisers generally offer expert lay legal advice in dealings with public departments, such as
local authority
Local government is a generic term for the lowest tiers of public administration within a particular sovereign state. This particular usage of the word government refers specifically to a level of administration that is both geographically-l ...
Housing Benefit
Housing Benefit is a means-tested social security benefit in the United Kingdom that is intended to help meet housing costs for rented accommodation. It is the second biggest item in the Department for Work and Pensions' budget after the stat ...
and
Council Tax Benefit
Council Tax is a local taxation system used in England, Scotland and Wales. It is a tax on domestic property, which was introduced in 1993 by the Local Government Finance Act 1992, replacing the short-lived Community Charge, which in turn repl ...
services,
Her Majesty's Revenue and Customs
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(HMRC) and the
Department for Work and Pensions (DWP).
Welfare rights advisers will generally:
* Check what benefits or tax credits people may be entitled to
* Assist with complex benefit application forms
* Advise and represent on all aspects of social security law, including entitlement to benefits, backdating, suspensions and overpayments
* Provide
advocacy
Advocacy is an activity by an individual or group that aims to influence decisions within political, economic, and social institutions. Advocacy includes activities and publications to influence public policy, laws and budgets by using fact ...
and representation before social security appeal Tribunals
Welfare rights advisers often use a
case management system to help them manage their work. These can be paper based, computer based or online.
Welfare rights officers are often closely allied with campaigning groups and charities such as the
Child Poverty Action Group
Child Poverty Action Group (CPAG) is a UK charity that works to alleviate poverty and social exclusion. History
The Group first met on 5 March 1965, at a meeting organised by Harriett C. Wilson. It followed the publication of Brian Abel-Smith ...
(CPAG),
Citizens Advice Bureau
Citizens AdviceCitizens Advice is the operating name of The National Association of Citizens Advice Bureaux which is the umbrella charity for a wider network of local advice centres. The abbreviation CitA is sometimes used to refer to this nation ...
and London Advice Service Alliance (LASA), for example. These organizations are respected for their training and publications, which are used extensively by advisers throughout the UK, as well as their campaigning activities.
Welfare rights advisers' professional organization is the
National Association of Welfare Rights Advisers The National Association of Welfare Rights Advisers (NAWRA) is a professional membership organisation for Welfare Rights advice providers across the UKMembershipof NAWRA is available to groups or individuals working in the welfare rights field and/o ...
(NAWRA) at a UK level;
Scotland has its own
professional association,
Rights Advice Scotland
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical theory ...
(RAS).
Welfare rights in the United States
The
Flemming Rule The Flemming Rule of 1960 was named after Arthur Flemming, who at the time was the head of United States' Department of Health and Human Services. The Flemming rule was an administrative ruling which decreed that U.S. states could not deny income a ...
of 1960, named after
Arthur Flemming
Arthur Sherwood Flemming (June 12, 1905September 7, 1996) was an American government official. He served as the United States Secretary of Health, Education, and Welfare from 1958 until 1961 under President Dwight D. Eisenhower's administration. ...
, was an administrative ruling which decreed that states could not deny income assistance eligibility through the
Aid to Families with Dependent Children
Aid to Families with Dependent Children (AFDC) was a federal assistance program in the United States in effect from 1935 to 1997, created by the Social Security Act (SSA) and administered by the United States Department of Health and Human Serv ...
program on the basis of a home being considered unsuitable per the woman's children being termed as illegitimate.
In 1963
Johnnie Tillmon
Johnnie Tillmon Blackston (born Johnnie Lee Percy; April 10, 1926 – November 22, 1995) was an American welfare rights activist. She is regarded as one of the most influential welfare rights activists in the country, whose work with the NWRO infl ...
founded ANC (Aid to Needy Children) Mothers Anonymous, which was one of the first grassroots welfare mothers’ organizations, and which eventually became part of the
National Welfare Rights Organization
The National Welfare Rights Organization (NWRO) was an American activist organization that fought for the welfare rights of people, especially women and children. The organization had four goals: adequate income, dignity, justice, and democratic p ...
.
The
National Welfare Rights Organization
The National Welfare Rights Organization (NWRO) was an American activist organization that fought for the welfare rights of people, especially women and children. The organization had four goals: adequate income, dignity, justice, and democratic p ...
, active from 1966 to 1975, was an activist organization that fought for the welfare rights of people, especially women and children. The organization had four goals: adequate income, dignity, justice, and democratic participation.
Johnnie Tillmon
Johnnie Tillmon Blackston (born Johnnie Lee Percy; April 10, 1926 – November 22, 1995) was an American welfare rights activist. She is regarded as one of the most influential welfare rights activists in the country, whose work with the NWRO infl ...
was the first chair of the organization.
''
King v. Smith
''King v. Smith'', 392 U.S. 309 (1968), was a decision in which the Supreme Court of the United States held that Aid to Families with Dependent Children (AFDC) could not be withheld because of the presence of a "substitute father" who visited a f ...
'', 392 U.S. 309 (1968), was a decision in which the Supreme Court held that
Aid to Families with Dependent Children
Aid to Families with Dependent Children (AFDC) was a federal assistance program in the United States in effect from 1935 to 1997, created by the Social Security Act (SSA) and administered by the United States Department of Health and Human Serv ...
could not be withheld because of the presence of a "substitute father" who visited a family on weekends.
In April 1991
Cheri Honkala
Cheri Lynn Honkala (; born January 12, 1963) is an American anti-poverty advocate, co-founder of the Kensington Welfare Rights Union (KWRU) and co-founder and National Coordinator of the Poor People's Economic Human Rights Campaign. She has been ...
founded the
Kensington Welfare Rights Union, a progressive social justice, political action, and advocacy group of, by, and for the poor and homeless which is operating out of Philadelphia, Pennsylvania and led by Galen Tyler.
References
{{Reflist
Bibliography
* Welfare Benefits and Tax Credits Handbook (annual publication) Child Poverty Action Group. London.
* Disability Rights Handbook (annual publication). Disability Alliance. London.
* Bateman, N. (2006) ''Practising Welfare Rights'' Routledge. Oxford.
External links
Rights Advice ScotlandNational Association of Welfare Rights AdvisersChild Poverty Action groupRightsnetNational Welfare Rights Network AustraliaPovertynet Canada
Welfare in the United Kingdom
Welfare economics
Social security