Provide specialist welfare rights legal advice and progress cases with clients
Overview
This standard is about providing specialist legal advice about a broad range of welfare rights issues. This includes your ability to advise clients on more complex areas of welfare rights law. You will also know how and be able to prepare and present cases in formal or informal hearings. In this standard the term 'welfare benefits' includes social
Performance criteria
You must be able to:
communicate with the client in a manner appropriate to their
understanding and needs
- explain to clients the services that you can offer in line with their
requirements
- check that clients understanding of legal advice services is
consistent with information you have provided
- agree further actions and any immediate action with clients in line
with requirements, including:
4.1 procedures
4.2 responsibilities
4.3 time limits
- analyse available client information to assign relevance to their case
in line with your professional judgement
- review and check sources of information to assess applicability to
clients situations
- 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
open client case files in line with organisational procedures
design an action plan with clients in line with organisational
processes, and agree roles and responsibilities for progressing actions
progress actions on behalf of clients in line with agreed timescales
evaluate case progress against milestones and outcomes in line
with organisational procedures
- progress case outcomes to conclusion in line with organisational
requirements
- record client details and agreed actions 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
relevant legislation and guidance in your jurisdiction that form the
basis of entitlement to welfare benefits
how current human rights legislation affects welfare rights
how to distinguish between law and guidance
how to use acts, statutes, regulations and guidance to inform, advise
and act for clients
how to access, research and apply welfare benefits case law and
precedent in your jurisdiction, including:
6.1 where the burden of proof lies in cases
6.2 types of evidence that support cases
6.3 how to obtain evidence that supports cases
key issues relating to welfare rights arising from current human rights
legislation and precedent
decision making processes relating to welfare benefits entitlement
how to challenge rulings or decisions
procedures for review, revision and supercession including
mandatory reconsideration
how tribunals work in practice
how to prepare and present cases for:
12.1 tribunals
12.2 commissioners' appeals
12.3 judicial review
criteria for appeals to:
13.1 the Upper Tribunal
13.2 judicial review
remedies available in your jurisdiction other than appeals
different classes of contributions and their conditions
how different types of income and capital affect means tested
benefits
benefits criteria and their implications for special client groups
options available to clients whose benefit has been:
18.1 suspended
18.2 stopped
options available to clients who are under investigation
rules and time limits for late claims and backdating