Guidance for Professionals Supporting Survivors with Financial Issues

Transcription

1 Domestic Abuse and Money Education: Guidance for Professionals Supporting Survivors with Financial Issues Funded by:

2 Domestic Abuse and Money Education: Guidance for Professionals Supporting Survivors with Financial Issues is published jointly by Women s Aid Federation of England (Women s Aid) and money advice plus services (MAPS) Women s Aid Federation of England ISBN: Women s Aid is the national charity working to end violence against women. PO Box 391, Bristol, BS99 7WS Telephone: info@womensaid.org.uk Websites: : National Domestic Violence Helpline (run in partnership between Women s Aid and Refuge) Women s Aid Federation of England is a registered charity and company limited by guarantee. Registered Charity No: ; Company No: money advice plus services is a registered charity based in Eastbourne, Sussex providing money and debt advice by phone nationwide. 2nd Floor, Terminus Road, Eastbourne, East Sussex, BN21 3BB Telephone: info@moneyadviceplus.com Website: money advice plus services is a registered charity and company limited by guarantee. Registered Charity No: ; Company No: Author: Dr Jackie Barron, Women s Aid Contributions to content from: Sue Pattendon, MAPS Chapters 5 and 6 Ruth Tweedale, Rights of Women Chapters 7 and 8 Edward Graham, Child Poverty Action Group Chapter 9 Editor: Nicki Norman, Women s Aid Design: Lamb Design 3

3 Domestic Abuse and Money Education: Guidance for Professionals Supporting Survivors with Financial Issues Contents Foreword and acknowledgements 07 Chapter 1: Introduction to the DAME Guidance 1.1. How this Guidance came about The aims of the DAME Guidance Who is this Guidance is for? How to use the DAME Guidance When, and where to go for additional help Summary 11 Part 1: Domestic Abuse and Money Education: Developing effective responses Chapter 2: Domestic abuse and financial abuse: An overview 2.1. Introduction What is domestic abuse The impact of domestic abuse The relationship between domestic abuse and financial issues What is financial abuse? The long term impact of abuse on financial well-being Additional considerations for some groups of survivors Summary 22 Chapter 3: Supporting survivors with financial issues: The approach 3.1. Introduction Safety issues Taking a non-judgmental approach Understanding the kinds of finance issues that the survivor will need support with Summary 27 Chapter 4: Supporting survivors with financial issues: Practical considerations 4.1. Introduction Planning to leave: important considerations and risks Finding somewhere to stay After the abuse: financial issues involved in starting again Summary 30 Chapter 5: Budgeting and money management 5.1. Introduction Preparing the way to develop a budget Calculating the budget What should be included in the budget? Money management Potential underlying problems Banking arrangements Using existing bank accounts Setting up a new bank account Summary 38 Chapter 6: Dealing with debts 6.1. Introduction Assessing the need for support Priority and non priority debts Liability for debts Documentation Options for dealing with debt Strategies for debt repayment Options for debt relief When action is taken by creditors Time limits on enforcement of debt Summary 51 Part 2: Domestic Abuse and Money Education: Resources and information to support effective practice Chapter 7: Financial arrangements on relationship breakdown 7.1. Introduction 55 A: Financial relief on marriage 7.2. Financial relief on marriage breakdown introduction to the issues What orders can the court make? Matrimonial home rights Maintenance How does the court decide how to divide matrimonial property? Behaviour and domestic violence 57 4

4 Contents 7.8. The pre-court process Application to court Dissolving Civil Partnerships 58 B. Parties who are not married or in a Civil Partnership Division of property on relationship breakdown where parties are not married Owning a property in joint names Property in the sole name of one of the partners 59 C. Financial support for children Child maintenance Seeking maintenance through Schedule 1 of the Children Act 60 D. Legal Aid Eligibility for legal aid: the current situation Legal aid for domestic violence injunctions The statutory charge The proposals for reform of legal aid charge 62 E. Family mediation information and assessment meetings and mediation Mediation Summary 63 Chapter 8: Using the law for protection and making safe arrangements for children 8.1. Introduction Domestic violence injunctions Non-molestation orders Occupation orders Restraining orders under PHA Making arrangements for children: residence and contact Contact orders Residence orders Who can apply for contact and residence? Factors the court considers when deciding contact and residence Domestic violence and contact Child abduction Summary 68 Chapter 9: State welfare benefits and tax credits 9.1. Introduction An overview of the state benefits system Claiming benefits What welfare benefits are currently available Tax Credits Appealing a decision Getting help and advice Proposed changes under the Welfare Reform Bill Summary 78 Chapter 10: Housing issues Introduction Making the decision to leave or stay in the home Homelessness and associated rights Housing and Council Tax benefits Claiming double rents Future re-housing Summary 83 Chapter 11: Supporting survivors with no recourse to public funds Introduction Who is affected by this? Concessions for women experiencing domestic violence Asylum seekers Other reasons for insecure immigration status and no recourse Organisations giving specialist advice Summary 88 Chapter 12: Other sources of support and information 89 Bibliography 96 5

5 Foreword The Nationwide Foundation is committed to funding work which addresses financially excluded groups in the UK. Financial exclusion is often a feature of domestic abuse and so we are very pleased to have supported the Domestic Abuse and Money Education (DAME) project and the development of this Guidance. We hope that this Guidance will lead to support and advice for survivors of domestic abuse that better addresses their specific needs, enabling more to successfully move on from an abusive relationship. Lisa Suchet Chief Executive The Nationwide Foundation (registered charity no ) Acknowledgements Women s Aid and MAPS would like to thank the following for their contribution to the development of this Guidance: n The survivors who have used the DAME service and given their time to provide valuable feedback on the service; n The DAME advisors, Jo Downing and Jeanette Hope for sharing their developing knowledge and expertise; n Women s Aid staff for their input to the production of this Guidance; n The Nationwide Foundation for the generous funding of the DAME project and support with its delivery. 7