Provide first line welfare rights legal advice
Overview
This standard is about providing clients with welfare rights information and advice at the point of initial contact with the service. You will work directly with clients to establish their needs and expectations of services, research information which is relevant to their situations and provide them with appropriate and accurate legal advice. You will also know when to refer clients on to alternative or more specialist sources of advice. In this standard the term `welfare benefits' includes means
Performance criteria
You must be able to:
communicate with the client in a manner appropriate to their
understanding and needs
- explain to clients the legal advice services you can offer in line
with organisational requirements
- check that clients understanding of legal advice services is
consistent with information you have provided
- agree with clients their legal advice requirements in line with
relevant legislation, policies and procedures
- agree with clients any situations which require immediate action
and take steps to implement in line with their requirements
- explain the organisation's systems and procedures for working
with clients
- analyse available client information to assign relevance to their
case in line with your professional judgement
- record client details and agreed actions in line with organisational
requirements
- review sources of information to assess applicability to clients
situations
check that information obtained enables you to advise clients
analyse information received from clients and the research
process to formulate options in line with clients needs
- present clients with information and possible options for action in
line with organisational requirements
- advise clients on the implications of possible options in line with
organisational requirements
- check clients understanding of the advice offered in line with
organisational requirements
- agree actions required by you and clients in line with
organisational requirements
Knowledge and Understanding
You need to know and understand:
You need to know and 1. how to adapt communication styles in ways which are appropriate to
the needs of the client
the legislative framework in your jurisdiction relating to welfare
benefits
the current structure of the welfare benefits system, including the
difference, relationship and interaction between:
3.1 means-tested benefits
3.2 non-means-tested benefits
3.3 contributory benefits
3.4 locally administered welfare schemes
3.5 non-contributory benefits
3.6 passported benefits
statutory bodies involved in the administration of welfare benefits
the eligibility rules for benefits relevant to different client groups
how entitlement may be affected by clients' circumstances
how to calculate benefit entitlement for clients
how to make benefit claims, taking account of:
8.1 the procedure for making claims
8.2 which department of organisations are responsible
8.3 time limits
8.4 rules and time limits for backdating and late claims
8.5 relevant evidence
how to recognise cases where benefits may be being overpaid or
underpaid
how to keep up to date with major changes in legislation or benefit
regulations and how this impacts on advice
the appropriate options for maximising benefit income
the legal position and action required by your organisation when
clients are claiming fraudulently
appeals procedures, and options for challenging welfare benefits
decisions
procedures for transferring from one benefit to another including
transitional protection
the range of local support services and concessions available to
clients
sources of financial assistance and how to assist with applications,
including:
16.1 social security payments
16.2 payments from other statutory bodies
16.3 charities
16.4 passported benefits
16.5 educational benefits
16.6 health benefits