1. Social Welfare Law: Dispelling
Common Myths
Presented by Niki Durosaro, Solicitor
from Release Drugs Charity

2. Session Outline
Debt: Debt Collectors vs. Bailiffs
Debt Enforcement & ‘Blacklisting’
Housing: Under 35’s & Housing Benefit
Non-dependent deductions
Homelessness
Criminal: Bail Conditions, Search Warrants & Raids

3. Debt Collectors vs. Bailiffs

4. Debt • Many lenders use debt collection
companies to collect debts on their
Collectors behalf because it works out cheaper for
them. This is a normal part of the
recovery process and you shouldn't
worry if you are contacted by a debt
collector for money you owe.
• Debt collectors don't have any extra
powers but you may find that they're
more persistent.
• Don't let debt collectors pressure you
into making arrangements you can't
keep up. Treat debt collectors in the
same way as you would any other
creditor.

5. Debt Collectors continued…
• Some debt collectors may pretend to have more legal powers than
they really have. For example, they may say that they can take your
goods away, when in fact only a bailiff can do this and they need to
get a court order first.
• If a debt collector does this you should complain to them or to the
creditor whose debt they are collecting. If you are still not satisfied
or the complaint is not sorted out you can complain to the Office of
Fair Trading.
• There are other guidelines that debt collectors have to follow. For
example, a debt collector must be very careful when dealing with
someone who has a physical or mental illness. A debt collector
should not continue with a home visit if it is obvious that someone
is suffering from a mental illness.

6. Bailiffs
• If you owe money, your creditor has various options to try and
get their money back. For example, they could apply to the
court for an order to take money out of your wages to pay
back your debt.
• Instructing the bailiffs to take your things away is another
option. The goods are usually sold at auction. The money
raised goes towards the bailiffs’ fees and charges and what is
left over goes to your creditor.
• There usually has to be a court order before bailiffs can come
to take your things away. Even when the bailiffs have got
authorisation to act, it may be possible to negotiate with the
creditor to call the bailiffs off.

7. Bailiffs can be used to make you
pay the following debts:
•council tax arrears
•business rates arrears
•county court orders (CCJs)
•High Court orders (judgments)
•child support arrears
•parking/road traffic penalties
•fines in a criminal case
•income tax arrears
•VAT debts
•rent arrears.

8. Bailiff advice
• If the bailiffs haven’t got into your home before, the basic rule
is that they can’t come in unless you or another adult lets
them in. You can choose not to let them in.
• However the bailiffs can get in without your permission if they
can do so without using force. For example, if they can get in
through an unlocked door or open window. This is called
peaceful entry (or sometimes peaceable entry).
• Once they have gained peaceful entry through an outer
entrance, they can break open the doors of other rooms or
locked cupboards.

9. Bailiff advice continued….
• Sometimes, bailiffs are allowed to break in to your home,
even if you don’t give them permission. This is the case
where:
• the bailiffs are collecting unpaid fines. They can force their
way into your property whether or not they've been in to
seize goods [link] before. However they must only do so if this
would be reasonable. In practice, they only break in as a last
resort
• the bailiffs have already gained peaceful entry before. They
can force their way back into your home to take away goods
that they've already seized if your trying to stop them from
entering

10. Bailiff advice continued….
• the bailiffs are collecting income tax or VAT and they have
permission from the court. This may be allowed if they have
previously failed to gain peaceable entry.
• Debts are personal (exceptions: partnerships, joint accounts
etc). Addresses cannot be ‘blacklisted’!
• Please seek legal advice immediately if you have any debt
problems, it is best to be pro-active and try to negotiate a
repayment plan in the first instance.

11. Housing Benefit & Homelessness
Under 35’s & Housing Benefit/ Local Housing Allowance
From 1 January 2012, if you're single, under 35, and have
no dependent children, your housing benefit is based on
the rent for a single room with shared facilities.
However, some people are exempt from this, for example,
care leavers under 22, some disabled people and people
aged 25 to 34 who have been living in a homeless hostel.
** Previously this only applied to under 25’s

12. Non-dependent Deductions
• Non-dependants are people like grown-up sons or daughters
and elderly relatives. If you have non-dependants living with
you, your HB and CTB may be affected.
• Any non-dependants who normally share your
accommodation could affect the amount of HB and CTB you
get whether or not you are also getting Income Support,
income-based JSA or Pension Credit.
• No non-dependent deduction in certain circumstances
• Currently if your non-dependent is in receipt of Income
Support, income related ESA or income based JSA, the weekly
deduction is £11.45 for Housing Benefit purposes.

13. Homelessness

14. Local Authority Homeless Applications
In assessing whether or not they have a duty to accommodate you the council
will look at the following factors:
• Are you eligible? This relates to your immigration status in the United
Kingdom.
• Are you homeless or threatened with homelessness?
• Are you in priority need? This relates to whether you have children, a
disability or vulnerable for some reason e.g. drug dependency.
• Do you have a local connection? This means do you have a connection with
the borough whose council you are applying to for assistance with housing.
• Are You Intentionally Homeless? You will be found to be intentionally
homeless if you choose to leave your home when you could have remained
there or if you deliberately or knowingly did something or failed to do
something that caused you to become homeless. If you are being evicted do
not leave before you have been served with eviction notice.

15. Permanent Council or Housing
Association Accommodation
Local authorities are required by law to have an allocations policy and
scheme governing the allocation of social housing.
If you wish to secure permanent council or housing association
accommodation you must join your local authority’s housing register
scheme.
Housing register schemes often consists of individuals being placed in
a band or awarded a certain number of points based of their level of
need. They are then required to bid regularly for housing.
Individuals are not automatically given permanent housing if they
present as homeless to the council.

16. Private Sector Renting
There are advantages:-
• Choose where you live
• You can still bid on housing register for permanent social housing
whilst living in privately rented property.
• New laws mean that now likely to be offered social housing with a
fixed term tenancy
and disadvantages: -
• Housing Benefit Cap
• Finding a landlord willing to accept tenant in receipt of benefits
• Raising deposit – Discretionary Housing Payment schemes, local
authority bonds, rent deposit schemes
• Your landlord can serve you notice to quit after fixed term ends –
minimum 6 months Assured Shorthold Tenancy.

17. BAIL CONDITIONS

18. BAIL CONDITIONS
Main bail conditions that could affect you as a family member:-
Bail Act 1976
• Residence (with/without electronic tagging); tagging requires
an active phone line and curfew may apply.
• Surety – promise to pay an agreed sum if the defendant fails
to attend Court; need to prove source of money (eg. Can’t be
paid into account day before!); duty on the person to ensure
defendant attends Court
• Security – payment into Court account of an agreed sum, to
be returned at outcome of case regardless of outcome;
relinquished if defendant fails to attend; duty on person to
ensure defendant attends Court

19. SEARCH WARRANTS/RAIDS
Police and Criminal Evidence Act 1984
• Search with warrant; for specific items; within 1 month of date on
warrant; only authorises entry on 1 occasion
• Entry without warrant; many reasons, including to:
– arrest someone
– execute a warrant of arrest
– recapture a person who has escaped from lawful custody
– arrest a child/young person who has been
remanded/committed to local authority accommodation
– to save life or limb or prevent serious damage to property
• Police should leave a copy of the warrant and a list of the items
seized.
• If Police enter lawfully then it is very difficult to get repairs paid for
by the police or housing association. Police only have to ensure that
property is secure.

20. MISUSE OF DRUGS ACT 1971 (s.8)
• Criminal offence for occupiers/managers of premises knowingly to
‘permit or suffer’ those premises to be used for the following
activities:
- Production or attempted production of any controlled drug, or
- Supply or attempted supply of any controlled drug, or
- Preparing opium for smoking, or
- Smoking cannabis or prepared opium.
• Penalties available for Section 8 offences
• Maximum sentence of 14 years’ imprisonment or a fine or both

21. Please feel free to contact Release’s team of drugs experts, legal advisors
and policy staff at any time.
Release
124-128 City Road
London
EC1V 2NJ
Helpline 0845 4500 215, ask@release.org.uk
(open 11am-1pm and 2pm-4pm, Monday-Friday)
Tel: +44 (0)20 7324 2989
Fax: +44 (0)20 7324 2977
Find a Solicitor:
http://legaladviserfinder.justice.gov.uk/AdviserSearch.do