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9 Welfare benefits
15. 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:
This is a complicated step to take, and certainly not one you should take alone. Apart from anything else, these rights are part of a fairly new law, the Human Rights Act, much of which hasn’t been tested in the courts. For more information on this, see the CLS Direct 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: April 2019
CLS Legal Info Leaflets
(Legal Information Leaflets)