We know the legal justifications for County Councils and Unitary Authorities etc to provide welfare Rights Services - however there are quite a few District and Borough Councils who do not see anything in present legislation which would make it a requirement to provide such services to their electorate: and more than one that I've heard of who are "reviewing" their present WR provision....
Does anyone know of any legislation (Antipoverty etc ?) which one could attach a good case to for the continuing provision of WR by 2nd tier Authorities ?

Mike

I was looking for this a while ago. What is the legislation that requires unitary authorities (of which mine is one) to provide welfare rights advice, apart from the fairer charging regime?

Regards
Paul

From the narrow perspective of a Welfare Rights Officer for Looked After Children, the Adoption Support Services Regulations 2005 are useful :

Assessment for financial support
15. - (1) This regulation applies where the local authority carry out an assessment of a person's needs for financial support.

(2) In determining the amount of financial support, the local authority must take account of any other grant, benefit, allowance or resource which is available to the person in respect of his needs as a result of the adoption of the child.

Same applies for Special Guardianship.

Doesn't say 'so you must provide a welfare rights service' but makes you wonder how they'd assess if they didn't have one...

I think it does come under the "fairer" charging regime, but I can't find the actual reference at the moment ....

Paul

For 1st tier Authorities the legislation is

Section 17
Health & Social Services & Social Security Adjudication Act 1983

and specifically circular 32/2001


....or so I am informed by a gentleman at Norfolk CC.....

Thanks Mike

I know about section 17. This merely authorizes charging. I've looked at the circular but it is pretty nebulous about provision of a welfare rights service as such.

Regards
Paul