9 Welfare benefits
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4. If you are having a baby or adopting a child
5. If you have children to look after
7. If you are ill and can´t work
9. If you are just starting work
10. If you have retired or are about to retire
11. If your husband, wife or civil partner dies
13. What if I disagree with a decision about my claim?
14. What must I do when I claim?
15. What if I´ve been badly treated?
16. The Human Rights Act
If you are unhappy about how you or your family is treated in the benefit and appeal system, you may be able to challenge the rules on benefits themselves (rather than the actual decision that has been taken, or the way your case has been handled). The European Convention on Human Rights gives you many rights, including a right to:
- peacefully enjoy your possessions. These can include benefits based on contributions you have made, such as National Insurance contributions;
- enjoy respect for family life; and
- have a fair hearing in any dispute.
The Human Rights Act makes these rights part of UK law, which means that you could use these arguments when you challenge a benefit decision. However, challenging benefit rules is a complicated step, and not one you should take without expert legal advice. For more information on this, see the Community Legal Advice leaflet, ‘The Human Rights Act’.
This leaflet is published by the Legal Services Commission (LSC). It was written in association with Rachel Hadwen, a specialist in welfare rights.
Leaflet Version: June 2008