News

A vision for community care

Rights in Community Care (RICC) includes Age NI; Alzheimer’s Society; Carers Northern Ireland; Disability Action; Law Centre (NI) and UNISON.  RICC supports a human rights-based approach to the delivery of community care.

In 2010-2012, RICC held a series of seminars themed: ‘A Vision for Community Care.’ Each seminar explored a topic of particular relevance to adult social care and a range of speakers were invited to present.  RICC has now compiled a report on the four seminars which is available to view here:  RICC report 2011

 

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LSP volunteers

The Law Centre will launch its new Legal Support Project in March. This service will provide free representation to those who do not have access to representation in employment and social security appeal tribunals. We will train and support volunteers to undertake this representation.

The Project will be of particular interest to law graduates and newly qualified lawyers as this will be an opportunity to gain valuable representation experience.  We are also looking for experienced solicitors and barristers to support the work of the project by undertaking some pro bono work.  You can get more information on the project here.

If you are interested in working with the Legal Support Project, please complete the application form and return it to Head of Legal Support Project, Law Centre (NI), 124 Donegall Street Belfast, BT1 4GY. Completed applications may be typed or handwritten.

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Could your organisation benefit from a team of volunteers for one day?

Volunteer Now in partnership with Business in the Community is organising a day of voluntary action on Friday16 March 2012 entitled Be a Saint – Volunteer! This annual event encourages employers to release their employees (in teams) to undertake volunteering projects in the community.

Many local charities have already received valuable help with a range of projects. Private and public sector organisations are now realising that team volunteering brings the opportunity for their employees to ‘get together’ away from the usual work environment and use their skills and experience to help others. Projects must be time limited to one day, be realistic in the nature of the work and offer a positive experience of volunteering. Past projects have included conservation / gardening work, decorating, mural painting and DIY.

If your organisation has a challenge which could be promoted as part of the programme or if you would like advice on how to benefit contact Lindsay Armstrong This e-mail address is being protected from spambots. You need JavaScript enabled to view it or call 028 9020 0851

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NICVA Law Centre joint conference on welfare reform

In light of the imminent changes and potential negative consequences for a substantial proportion of the citizens in Northern Ireland, NICVA, in conjunction with Law Centre (NI), will be hosting a welfare reform conference on Tuesday 6 March 2012 at NICVA  from 9.30am to 3.30pm.

The conference will give members of the voluntary and community sector an opportunity to hear from, and directly engage with prominent decision-makers, policy-makers and eminent contributors to the welfare reform debate.

The conference will include contributions from chief executives and senior leaders of the voluntary and community sector, local MPs, a ministerial representative from DSD, Social Security Agency senior officials, and members of the Northern Ireland Assembly Committee for Social Development.

Click on the link above for further information and to book a place. Places are limited so book early.

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Benefits and right to reside for parents of schoolchildren

C211-12 (JSA)

This A8 national* worked in Northern Ireland for almost two years with the same employer before he was made redundant in the economic downturn.  He had registered his employment but as there was a gap of more than 30 days in the employment, he needed to re-register for a new twelve months period.  Neither he nor his employer understood this.

When he claimed Income-based JSA in November 2009, he was refused as he was found not to have a right to reside.  His daughter was at secondary school here and she was then taken into care, largely because her parents had no income and were homeless.

The Law Centre represented him at an appeal which was disallowed and we appealed the decision to the social security commissioner.  The commissioner allowed the appeal and found that he did have a right to reside when he made his initial claim as he had a child at school.

We convinced the SSA to pay JSA for the period when his daughter was in care and he was looking for work.  Housing Benefit was also backdated to cover the periods for which he was paid income-based JSA.  He has successfully made a fresh claim for JSA*.

We are currently helping him with issues of substantial housing debt and legal costs of eviction that arose when he was not paid benefit.

* A8 nationals are people from the Czech Republic, Estonia, Hungary, Latvia,Lithuania, Poland, Slovak Republic or Slovenia. Since May 2011, A8 nationals have had the same benefit entitlements as EEA nationals.

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Frontline 82 now online

Frontline 82 fire image from front cover

With a special focus on addressing poverty, the winter edition of our magazine is now online. Read Frontline 82 here.

 

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Read more: Frontline 82 now online

   

Migrant workers rights

Human Rights Chief Commissioner Michael O'Flaherty and Law Centre Director Les Allamby launch English version of Migrant Workers Guide 2011The Law Centre and Northern Ireland Human Rights Commission have published a new online guide to the rights of migrant workers, with support from the Office of the First Minister and Deputy First Minister.

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Read more: Migrant workers rights

   

Poverty and welfare reform

James Browne of the Institute for Fiscal Studies spoke about how welfare reforms will affect household incomes at the Law Centre’s 9 December AGM.

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Read more: Poverty and welfare reform

   

Child Tax Credit delays and NINO

Our social security advisers have recently dealt with cases of delays in payment of Child Tax Credit linked with the national insurance number (NINO) requirement.  These cases, where delays sometimes lead to extreme hardship, can actually be resolved fairly quickly once people are aware that HMRC is able to waive the requirement in some cases.

In a recent case, our client contacted Law Centre (NI) for help in dealing with HMRC Child Tax Credit which had been withdrawn when she had moved in with her Romanian fiancé.

She had been receiving Income-based Jobseeker’s Allowance along with Child Tax Credit for her ten year old son.  When she and her fiancé moved in together she promptly notified HMRC of the change in her circumstances.  Her fiancé did not have a national insurance number and although HMRC can waive the requirement for a NINO in such cases, when she contacted Law Centre (NI) she had not received CTC for her son for more than four months despite numerous phone calls and complaints.

We wrote to the legal department of HMRC and stated the intention to seek Judicial Review if the CTC claim was not re-instated within fourteen days and payments backdated.  The family was experiencing extreme financial hardship as CTC makes up more than a third of their disposable income.

Our client was delighted when HMRC sorted out her claim and paid arrears within the fourteen days.

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Western area volunteers

The Law Centre is looking for two graduate volunteers to work in its Western Area Office, one to work with our social security adviser and one to work with our community care adviser.

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Read more: Western area volunteers

   

New proposals on tribunal reform

The Law Centre has published two new reports on tribunal reform: Structural Tribunal Reform in Northern Ireland and Supporting Tribunal Users

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Read more: New proposals on tribunal reform

   

Award for Law Centre adviser

Lois Hamilton, immigration legal adviser at Law Centre (NI), has won a major award  from the Human Trafficking Foundation, for her advocacy work on behalf of people who have been trafficked.

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Read more: Award for Law Centre adviser

   

Law Centre (NI) AGM 2011

The Law Centre AGM will take place on 9 December 2011. There will be a seminar on:

How will welfare reform hit incomes in Northern Ireland?

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Read more: Law Centre (NI) AGM 2011

   

Health and safety whistleblowing and unfair dismissal

The Law Centre recently negotiated compensation for a driver who had been dismissed for refusing to drive a lorry that he believed to be unsafe.

As the vehicle's reversing lights, rear spotlight and warning siren were out of order, other road users or pedestrians had no way to know that it was about to reverse. Our client had drawn the danger to his employer's attention. After a near-miss with another vehicle, he had told the employer that he would not drive the vehicle again until it was fixed, as he believed it posed a threat to health and safety and that he would be breaking the law driving it. The employer dismissed him for the stand he had taken, even though another driver nearly had an accident with the lorry involving a pedestrian due to these defects.

As the client had not been employed for a year he could not claim ordinary unfair dismissal, and it appeared that this had been a factor in the employer believing that he could be dismissed easily. However we lodged claims of automatic unfair dismissal on his behalf, which do not require a year's service.

Where an employee is dismissed because s/he has made a report about a health and safety issue or taken certain action to avoid an imminent risk to health and safety, then an automatic unfair dismissal claim can arise. It can also be automatic unfair dismissal where an employee is dismissed because s/he has made a public interest disclosure – 'blown the whistle'- that s/he believes the law is being broken.

Our client managed to get another job fairly quickly, but was very angry at the way his employer had behaved and the attitude that had been taken to his legitimate concerns.

The employers contacted us very quickly after legal proceedings were issued and agreed to compensate our client for his loss (£1,700) and to carry out a full review of their systems for dealing with reporting of health and safety issues.

The protections for health and safety reports and whistleblowers are of vital importance in ensuring that workers feel that they can draw attention to dangerous situations or illegal behaviour.

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Mediation training

Peace and Reconciliation Group is offering two training courses for mediators.

Introduction to mediation certificate

Time: 9.30a.m – 4.30p.m

Dates: 21, 22, 23 November 2011

Venue: Peace & Reconciliation Group training room, 16 Bishop Street, Derry / Londonderry BT48 6PW

Cost: £200 per person – includes OCN accredited fees

Advanced mediators certificate

Time: 9.30a.m – 4.30p.m

Dates: 1, 3 , 15, 16, 29, 30 November 2011,
13 & 14 December 2011, 10 /11 January 2012

Venue: Peace & Reconciliation Group training room, 16 Bishop Street, Derry / Londonderry BT48 6PW

Cost: £500 per person – includes OCN accredited fees

More info

E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Website: www.peaceprg.co.uk

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Parliament week workshop in Derry

Parliament Week launches later this year. Free events and activities will run across the UK, aiming to build greater awareness, understanding of and engagement with parliamentary democracy.

In Derry/Londonderry, there will be an all day public workshop, presented by members of the Northern Ireland Affairs Committee, including the chairman, Laurence Robertson MP. This event is hosted by the UK Parliamentary Outreach team, who will be joined by the Northern Ireland Assembly's Outreach team to present workshops on both the work of Select Committees and the UK Parliament's scrutiny of legislation.

The event takes place on Thursday 3 November, 10am-3pm, including lunch at the Waterside Theatre, Glendermott Road, Derry/Londonderry, BT47 6BGD.

This is a fantastic opportunity to meet members of the committee and the parliamentary outreach team to find out more about how the UK Parliament works and how the Northern Ireland Affairs Committee examines the expenditure, administration and policy of the Northern Ireland Office.

To register, contact the Parliamentary Outreach team on 0207 219 1650 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it . When registering please specify if you have any particular mobility, hearing or dietary requirements.

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New Housing Benefit rules empoverish thousands in Northern Ireland

Yesterday, 10 October 2011, the Assembly debated a motion supported by Law Centre (NI) to annul the Housing Benefit (Amendment No 2) Regulations (Northern Ireland) 2011.

The Regulations changed the definition of a 'young individual' for Housing Benefit purposes, so that it would cover people under the age of 35, rather than 25.

The statutory rule will immediately affect around 6,000 of the 8,000 people who already live in single occupancy accommodation. Their Housing Benefit will be cut from around £80 a week to £40 — a 50% reduction.

While members were concerned by the potential impact of the changes on individuals in Northern Ireland, due to concerns about breaking parity with Britain the motion was defeated 34 to 55.

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Frontline 81 online


With features on advocacy and access to justice, impact of the Dilnot report on long term care and immigration detention.

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Read more: Frontline 81 online

   

Immigration advice

Immigration Advice poster

The Law Centre has produced a multilingual poster signposting immigration advice. If you would like to display it, you can download it here.

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New National Minimum Wage rates

From 1 October 2011 the following National Minimum Wage rates apply:

  • workers aged 21 and over: £6.80
  • aged 18 to 20: £4.98
  • aged 16 or 17 (workers above school leaving age but under 18): £3.68
  • apprentices under 19 or 19 or over and in the first year of their apprenticeship: £2.60
For more details see the Law Centre's Rights of Employees information sheet.
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Link to Migrant Workers Guide
Link to Encyclopedia of Rights
Link to Membership page
Link to e-newsletter page
Link to Practitioner meetings
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