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Opinion |
Legal
PAST PREJUDICE
My past is still being held against me,
even though I am over 15 years clean. I
am 45 years old now, but without going
into my life story in detail, I spent years
in care, have been homeless and have
been through domestic violence.
I had a problem with drugs until I
was 30 years old and got myself a
criminal record. I brought up my two
sons through this, who have turned out
to be lovely young men – my oldest won
an award four years ago for the work he
does with kids, teaching them street
dance and break dancing; my younger
son works full time.
I have worked for the last six years
in a local homeless hostel, helping the
most vulnerable of people, and have
completed many courses including my
Health and Social Care NVQ3.
I recently applied for a job as a drug
and alcohol practitioner with a local
service. Before I could start the post I
was to undertake an enhanced CRB
check, which the employers were fine
with as the offences were historic –
most were committed between 1994
and 1998 and one other in 2000.
I was also subject to police vetting
as my post would need me to enter
the cells in the police station. I
received a letter from the police
vetting office telling me I failed the
vetting due to my convictions, even
though they were so long ago. With
the police vetting there is no appeal
process so I do not get to plead my
case and tell them what I have done
since those convictions. So really,
what my local police are saying is that
people don’t change.
I now cannot take up the job in the
field I would like to get into – it would
be good to use my past to help others.
Name and address supplied
UNFAIR COMMENT
The letter entitled
Comedy Turn?
by
Molly Cochrane contained not one
piece of information on the respective
positions of those who appeared on
Newsnight (
DDN
, January, page 13). It
just served to denigrate Eliot Albers
and INPUD as a whole, who are not
just pushing for legalisation but also
bring harm reduction work to countries
where drug users are arrested,
imprisoned and executed for
10 |
drinkanddrugsnews
| February 2013
www.drinkanddrugsnews.com
LETTERS
‘With the police vetting there is
no appeal process so I do not
get to plead my case and tell
themwhat I have done since
those convictions. So really,
what my local police are saying
is that people don’t change...’
READER’S QUESTION:
I have just received a letter from the council saying I’m ‘under
occupied’ in my two-bed flat and my housing benefit will
reduce from April this year. There is only me and my five-year-
old son – how can we have too much room? I’m really worried
as I already struggle financially and can’t work because I’ve just
started hepatitis treatment.
KIRSTIE SAYS:
From April 2013 the housing benefit (HB) rules
change so benefit won’t be paid for a separate
bedroom for a child under the age of 16.
Although you may be entitled to a larger property
through your council/housing association,
benefits will not cover the full rent for this.
As you have one more bedroom than you
need (living rooms are considered as potential
sleeping areas), your HB will be reduced by 14
per cent of your rent. So, if your rent is £100 per
week you will receive £14 less HB per week. One
possibility is to pay the difference (shortfall) between the rent and the HB, but
this is not necessarily realistic if you are on benefits and unable to work.
There are a few options available to you. One suggestion, that the council
may already have made, is to move to a one-bedroom property with their
assistance. This could be via a transfer or mutual exchange. There are often
limited properties available, but councils should give priority to people who
are under occupied. Many authorities also offer compensation for downsizing
and/or pay for removal costs. Moving may be problematic in terms of location
to your son’s school and you will not necessarily have free choice of properties.
Alternatively, the council may give you permission to take in a lodger – this
has to be approved in advance, as tenancies don’t normally allow this.
However, this needs to be considered carefully, as depending on the lodger’s
financial circumstances this may negatively affect your benefit even more.
The most appropriate option for your circumstances would be to apply to the
council for a Discretionary Housing Payment (DHP). This is a fund that is operated
to meet shortfalls between rent and HB. You will need to show exceptional
circumstances or vulnerability to be considered eligible – your hepatitis
treatment, and the effect on this of moving or worrying about finding the
shortfall amount, will go towards this. You should provide supporting letters from
any doctors or other people that you are engaging with for support or treatment.
However, DHPs are generally only awarded for a year, with an expectation
that during that time you change your circumstances – this may mean that
you start work after treatment has completed and pay the shortfall yourself, or
that you go forward with one of the other options outlined.
Will you share your issuewith other readers? Kirstiewill answer your legal questions
relating to any aspect of drugs, the law and your rights through this column.
Please email your queries to claire@cjwellings.com and we will pass them on.
For more information about this issue call the Release helpline on 0845 4500 215.
Release solicitor
Kirstie Douse
answers
your legal questions in her regular column
LEGAL LINE
THEY’RE CUTTING MY HOUSING
BENEFIT – HOW CAN WE LIVE?