FREQUENTLY ASKED QUESTIONS

Welfare Benefits

Who can claim Housing Benefit (HB)?

Housing Benefit is money to help people with their rent. It can be paid if you rent from the Council, from a Housing Association, from a private landlord, or from the person who’s house you live in. It can be paid if you are living in a house, flat, room, bedsit, mobile home, or in a B&B, hostel, or supported housing scheme. You cannot get housing benefit if you own your home, for example to help pay the mortgage.Not everyone who pays rent will qualify for Housing Benefit; it is a means-tested benefit, so it depends on how much money you have coming in and your savings.

If you want to know more about HB or need help in filling in the form please contact EEAC for advice and/or a benefits check.

How do you claim Housing Benefit?

If you claim Income Support or Income Based Job Seekers Allowance you should automatically be given a form to complete for Housing Benefit by the Benefits Agency. If you receive other Benefits, or you are working you will need to ask for a claim form. You can get one from the local council offices. When you claim Housing Benefits this includes a claim for Council Tax Benefit.

When can I claim tax credits?

Tax credits (Working Tax Credit and Child Tax Credit) top up low and middle earnings, whether you are employed or self-employed. They can help with the cost of childcare too.

You can claim if:

You don’t have children, are aged 25+ and work 30 hours or more a week, or

You have children and work 16 hours or more a week, or

You are disabled and work 16 hours or more a week, or

You are aged 50 + and are starting work of 16 hours or more a week.

The amount of Tax Credits you receive will depend on your annual income.

Can I claim Child benefit?

You can claim child benefit if you are bringing up children who:

are aged under 16, or

are aged under 19 and studying in full-time education

Child benefit is not affected by income or savings.

When do I start claiming Child benefit?

Claim as soon as your child is born or comes to live with you. You can get a claim pack by contacting your Child Benefit Office on:

Great Britain Residence – 0845 302 1444

Northern Ireland Residence – 0845 603 2000

How much will I get?

For the oldest child the rate is £17.45 per week, for each other child it is £11.70 per week.

Employment

How to obtain a National Insurance Number?

You should apply for a National Insurance Number as soon as you start work or in some cases, if your partner claims benefit.

To get a National Insurance Number, you must make an appointment for an ”evidence of identity” interview at the nearest Job Centre. This is a government office which can be found in most large towns or city districts. You will need to take proof of identity (such as passport) as well as evidence that you are working. You can find the nearest office in the telephone directory, or visit

http://www.dwp.gov.uk/lifeevent/benefits/ni_number.asp.

Am I entitled to a written statement of the main terms and conditions of employment?

All employees, regardless of the number of hours they work per week, are entitled to receive a written statement from their employer, within two months of starting work. The statement describes the main terms of the contract of employment.

The statement must give details about:-

• job title

• wages

• hours of work

• holiday entitlement

• sick pay

• pension schemes

• notice

• grievance, dismissal and disciplinary procedure.

Am I entitled to receive a payslip?

All employees are entitled to an individual written payslip, at or before the time they are paid. The payslip must show:-

• gross pay, that is, pay before any tax or national insurance has been taken off

• take-home pay, after deductions such as tax, national insurance, pension and union dues. Deductions, which change from week to week, for example, tax and national insurance must be listed each time, with the amount of the deduction and what the deduction is for. Deductions, which do not change, for example, union dues, only have to be shown once a year.

An employer is only entitled to make certain deductions from an employee's pay

Am I entitled to paid holiday?

Most workers are entitled to four weeks' paid holiday a year by law. Some workers are not automatically entitled to this leave (for example, members of the armed forces or police force) and these workers have to rely on their contracts of employment for their rights to holiday.

Unless you're in one of these special categories of worker, you are entitled to four weeks paid holiday each leave year. Your employer will decide when the leave year starts and finishes - it may run from 6 April one year to 5 April the next, or it may run from 1 January to 31 December. You are entitled to paid holiday leave from the day you start work - you do not have to have worked for any minimum time to qualify. A week's leave will be based on your normal working week, so if you usually work three days a week, you will be entitled to twelve days paid leave a year. If you work five days a week, you will be entitled to twenty days paid leave a year. A week of holiday pay should be paid at the same rate as your normal week's pay.

Does my employer need to give me a certain period of notice before he dismisses me?

A dismissal for gross misconduct can be summary without any notice. Actions such as theft from the employer, violence or drinking at work have been found to be gross misconduct.

For dismissal for reasons other than gross misconduct, the amount of notice to be given will depend on your contract of employment and how long you have worked for your employer.

The law specifies the minimum period of notice you should be given:-

• one week if you have worked for your employer for one month but less than two years

• two weeks if you have worked for your employer for two whole years; and

• one additional week for each further whole year's employment at the date the notice period ends (up to a maximum of twelve weeks notice in total).

You should never receive less notice than the statutory minimum but your contract of employment may entitle you to more notice.

If your contract does not mention notice then you may be able to argue that ‘reasonable’ notice should be given and this should be one month for employees who are paid monthly.

Can my employer dismiss me because I am pregnant?

If your employer dismisses you because of your pregnancy you could make a claim to an Employment Tribunal for automatic unfair dismissal (regardless of how long you have been employed) and also for sex discrimination.

You would need to be able to show an Employment Tribunal that the main reason for your dismissal was your pregnancy. You will need specialist help to do this.

For more information on the maternity rights at work see Get advice

Am I going to be paid while being off sick?

Many employees will be entitled to statutory sick pay if they are off work due to sickness. In addition, some employees may receive occupational sick pay from their employer but this will depend on their contract of employment.

For more information on the Sickness at work see Get advice

What should I do if I have a problem with my employer?

If you have a problem with your employer you should usually try to sort it out informally first. If this doesn't work, you should follow the special three-step grievance procedure, which all employers are required to have by law. This means you must:

1. send your employer a written statement, setting out your grievance, and give them at least 28 days to respond

2. meet with your employer to discuss your grievance

3. appeal against your employer's decision if you are not happy with it.

If you have followed this procedure and are still not happy with the outcome, you can take your case to an employment tribunal. You should bear in mind that if you haven't followed the grievance procedure properly first, the employment tribunal may decide to reduce any compensation it awards you.

What is an Employment Tribunal and with what matters it deals with?

Employment tribunals (industrial tribunals in Northern Ireland) are legal bodies, which deal with complaints about employment rights. A tribunal is made up of a legally qualified chairperson and two other people representing the employer’s and the employee’s sides of industry. A tribunal can deal with problems on the following:-

• written statement of terms and conditions

• maternity rights

• holiday rights

• itemised pay statement

• unpaid wages

• sex discrimination/equal pay

• race discrimination

• disability discrimination

• discrimination because of sexual orientation

• discrimination because of religion or belief

• some health and safety problems

• unfair dismissal and redundancy.

If you complain to an employment tribunal you may risk losing your job. There are time limits within which you must take a case to a tribunal. These vary but generally a claim for unfair dismissal/illegal deduction from wages/discrimination must be made within three months of the last day worked, or of the date of the last deduction or of the date of the discriminatory act. This time limit may be extended if you have raised a written grievance with your employer. A claim for redundancy pay must normally be made within six months of leaving the job. It is very important therefore that if you are considering making a claim to an employment tribunal you should get help from an experienced adviser.

General

What documents are required to open a bank account?

By law, if you want to open a bank account, you have to provide evidence of your identity and your address:

1. Your passport (or you could use your national identity card if you are from an EU country)

2. Evidence of your current address, for example a utility or council tax bill.

We suggest asking bank branch staff to suggest other documents they will accept.

If you have any difficulties providing the documents listed above, ask the bank to refer your application to the person in the bank who is authorised to decide in exceptional cases.