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welfare rights

Today — last updated 13:32

JSA claimants more likely to be sanctioned for not attending the Work Programme than to get a job through it

New 'state of the nation' report from Joseph Rowntree Foundation also highlights 'dramatic change' in who is most at risk of poverty

Further roll-out of universal credit

New regulations make provision for the testing of the DWP's new 'Digital Service' in parts of Sutton

21 November

580,000 claimants still awaiting work capability assessments

Minister for Disabled People also says repeat assessments will resume when Maximus 'have the capacity to do so'

IIAC decides against recommending that ocular melanoma is added to the list of prescribed diseases

Council finds that there is insufficient link between risk and exposure for any occupation

74 per cent of local authorites have less than 10 EEA jobseekers restricted from claiming housing benefit

However, new DWP research shows that more than half the local authorities had affected EEA jobseekers who were families with children

Labour government would have 'no targets for sanctions', say Shadow Secretary of State and Employment Minister

Jobcentre staff will be 'focused on helping people into work, not simply finding reasons to kick them off benefits'

20 November

SSAC publishes report on regulations removing entitlement to housing benefit for EEA jobseeker's allowance claimants

Report includes government response to Committee's recommendations which focus on homelessness, monitoring and evaluation and the broader government strategy for migrants

Almost a third of post delivered to HMRC is not cleared within 15 working days

New performance report highlights problem due to the diversion of staff to the tax credits helpline

Curtailing maternity allowance, statutory maternity pay or statutory adoption pay

New statutory instruments provide for benefit that has not be taken to be paid to another person as shared parental pay and/or shared parental leave

Number of Mandatory Work Activity starts for year up to August 2014 down by more than 20 per cent on previous year

However, new DWP statistics also show Skills Conditionality training starts up by almost 40 per cent in same period

19 November

More than half of visits to food banks due to problems with benefits or tax credits

New research from CPAG, Oxfam, Church of England and Trussell Trust also shows that people only turn to food banks when all other coping strategies have failed

DWP to publish first statistics on PIP clearance times and waiting times in March 2015

In update to statistics release strategy, Department also advises that future releases may include information on volumes and outcomes of mandatory reconsiderations

Government launches review of Social Security Advisory Committee

Review to look at Committee’s functions and whether it needs to continue to exist

Bill providing for research into extending eligibility for tax credits and child benefit to apprentices introduced to House of Commons

Private Member's Bill expected to receive second reading on 9 January 2015

18 November

Labour would introduce two year residence requirement for EU jobseekers wishing to claim out-of-work benefits

Shadow Work and Pensions Secretary also says that Labour would look at changes to in-work benefits and work to 'end the absurdity' of child benefit and tax credits being paid for children living in other countries

Roll-out of universal credit to claimants with responsibility for children

New statutory instrument sets out postcodes where claims will be accepted and limitations including that children must not be certified as severely sight impaired or blind or be entitled to a disability benefit

Social Security Advisory Committee launches consultation on localisation and social security

Views sought on issues including the impact localisation has had on benefits and services and whether there are particular groups whose circumstances place them at risk

Amendments to legislation relating to same sex marriages and civil partnerships

New statutory instrument

17 November

Government will have introduced cuts to working-age benefits of around £20bn per year by the end of this parliament, says IFS

However, new briefing also highlights that social security bill as percentage of overall spending has been rising over time, with more than half of current expenditure going to pensioners

Changes to benefits and taxes since May 2010 have led to cuts in income for poorer half of population and gains for wealthier half

New London School of Economics and University of Essex study finds that lone parent families, large families and children are amongst those whose income has decreased the most

Next page

14 November

CSDLA/315/2014 — Need to establish grounds for supersession before considering a higher award of DLA, and the effect were regulation 12(1A) to be found ultra vires — [2014] UKUT 432 (AAC)

Commissioner / Judge: May

13 November

CH/1991/2014 — Claimant granted ‘long tenancy’ on exercising ‘right to buy’ not entitled to HB for service charges — [2014] UKUT 431 (AAC)

Commissioner / Judge: Mesher

CI/1306/2014 — Tribunal hearing appeal about reduced earnings allowance must consist of a judge and doctor, unless a direction is made that a judge can sit alone — [2014] UKUT 417 (AAC)

Commissioner / Judge: Ward

CDLA/1034/2014 — Whether autistic child had severe impairment of intelligence and social functioning — [2014] UKUT 426 (AAC)

Commissioner / Judge: Knowles

12 November

CJSA/2775/2013 — Standard written information cannot trigger backdating under regulation 19(5)(d) — [2014] UKUT 430 (AAC)

Commissioner / Judge: Wikeley

CE/3688/2013 — Duties of employers under Equality Act 2010 not relevant to assessment of risk to health if claimant found to not have limited capability for work — [2014] UKUT 428 (AAC)

Commissioner / Judge: Wright

CE/4181/2013 — Whether separate claims are needed for contributory and income-related ESA — [2014] UKUT 480 (AAC)

Commissioner / Judge: Rowland

31 October

CH/4417/2013 — Assessing value of the claimant’s interest in the matrimonial home occupied by his mentally ill wife — [2014] UKUT 427 (AAC)

Commissioner / Judge: Ovey

22 October

CSH/374/2014 — Deduction for under occupation (‘bedroom tax’) not discriminatory — [2014] UKUT 463 (AAC)

Commissioner / Judge: Gamble

CSH/372/2014 — No argument put by claimant’s representative to support contention that deduction for under occupation (‘bedroom tax’) is discriminatory — [2014] UKUT 464 (AAC)

Commissioner / Judge: May

CSH/188/2014 — Deduction for under occupation (‘bedroom tax’) did not breach Article 14 of ECHR, when read with Article 1 of Protocol 1 because its discriminatory effect was justified — [2014] UKUT 188 (AAC)

Commissioner / Judge: Gamble

CSH/589/2014 — Deduction for under occupation (‘bedroom tax’) did not breach Article 14 of the European Convention on Human Rights – MA followed — [2014] UKUT 466 (AAC)

Commissioner / Judge: Gamble

CSH/777/2014 — Deduction for under occupation (‘bedroom tax’) did not breach Article 8 of the European Convention on Human Rights — [2014] UKUT 467 (AAC)

Commissioner / Judge: Wright

16 October

CIS/2708/2013 — Right to reside for primary carers of children in education does not extend to people who were self-employed — [2014] UKUT 401 (AAC)

Commissioner / Judge: Jacobs

14 October

CPC/4570/2013 — District Valuer’s valuation of claimant’s share of property was unrealistic — [2014] UKUT 387 (AAC)

Commissioner / Judge: Jacobs

8 October

CDLA/3765/2013 — What issues should be considered in order to supersede a tribunal decision relating to an overpayment of DLA — [2014] UKUT 309 (AAC)

Commissioner / Judge: Markus

1 October

CDLA/3213/2013 — Cooking test does not fluctuate according to person's dietary needs / tribunal's failure to take evidence from claimant about ability to cook — [2014] UKUT 415 (AAC)

Commissioner / Judge: Mitchell

30 September

CH/1782/2014 — Local Authority not limited to recovering amount specified in court compensation order following conviction for benefit fraud — [2014] UKUT 393 (AAC)

Commissioner / Judge: Wikeley

29 September

CE/3453/2013 — What evidence of work-related activity is required when considering regulation 35 — [2014] UKUT 412 (AAC)

Commissioner / Judge: Three-Judge Panel

25 September

CTC/1055/2014 — Tribunal not entitled to draw adverse inference about failure to provide evidence where claimant not given adequate explanation of what would be appropriate / inadequate submission to tribunal by HMRC — [2014] UKUT 383 (AAC)

Commissioner / Judge: Rowley

More summaries

time limiting and linking periods

In ESA & other incapacity related benefits. Last updated today at 18.19 by Tom H

“Provided she’s not worked, claimed JSA or done anything else that’s inconsistent with having LCW, the Dept would have treated her as having LCW from the date her old cb-ESA was time-limited until the present.  If Atos/DM now put her in”

Late appeals in tax credit cases

In Working tax credit & child tax credit. Last updated today at 17.57 by Derek

“I’m getting a bit lost with this!  I have an ongoing case.  HMRC decision 5.7.13.  Appeal 11.11.13.  After various exchanges of correspondence HMRC submit to HMCTS on 1.7.14 an objection to case going to appeal - citing S 39(A).  Explanation of what”

Should failing to sign on attract a sanction????

In Income support & JSA. Last updated today at 17.05 by PCLC

“Thank you! Paul - I don’t think a simple failure to sign can be treated as falling foul of actively seeking work? Andrew - that’s my reading of it too, i.e. that not having good reason for failing to sign just means”

Full digital UC to get live test in Sutton ...

In Universal credit. Last updated today at 16.28 by Gareth Morgan

“Would that be deprivation - ‘money available on application’?”

Overpayment of Invalid Carers Allowance

In Other benefits. Posted today at 16.26 by Nianne

“Looking for help to see if there is anything I can do for an elderly client. I have recently been instructed in relation to an ongoing dispute with CA Unit. Client claimed Invalid carers allowance in 1998 but gave her book in to a welfare rights”

World War One maritime law and the DWP

In Decision making and appeals. Last updated today at 16.18 by neilbateman

“Lawtcrav - 22 November 2014 06:13 PM I have suspected since day one that the CCTV footage did not exist. I have asked for it numerous times. The last but one hearing directed the DWP to disclose it. The DWP now say it has been destroyed as per”

EEA national being denied H/B

In Housing benefit & council tax support. Last updated today at 16.03 by HB Anorak

“This all stems from a horribly tortuous interaction between Regs 6 and 15A of the Immigration (EEA) Regs 2006.  The words “angels” and “pinhead” will come to mind long before you get to the end of this, but here goes. Reg 15A(1) says that a derived”

Complaining about a judge’s failure to supply a SoR

In Decision making and appeals. Last updated today at 15.58 by Edmund Shepherd

“I would pay good money to see that of a tribunal judge. Preferably, not directed at me.”

UC roll out letter to LA executives - listing 73 new locations for UC to roll out between Feb 2015 - April 2015

In Universal credit. Last updated today at 15.21 by Jon Blackwell

“Robby - 24 November 2014 11:22 AMAs of 18 Nov UC roll-out includes if you have children (but not if they are disabled) and you live in certain postcode districts or part-districts covered by the No. 11 and No. 17 Orders: I think this is the Wirral - http://www.rightsnet”

Pension Credit and non dependants

In Pension credit & other benefits for older people. Last updated today at 15.09 by Jane W

“Thank you very much indeed for your help. I think we have got our heads around it now.”

EU Lone Parent & IS Claim - Help

In Income support & JSA. Last updated today at 15.03 by SHowells

“HB Anorak - 24 November 2014 02:43 PMThe work seeking is less rigorously policed by DWP and you are unlikely to be sanctioned Whilst this is true, it’s also the case that this less rigorous policing might mean that a claimant finds it more difficult to establish”

Local Welfare Asssistance Scheme consultation response

In Other benefit & tax credit issues. Last updated today at 14.56 by Paul_Treloar_CPAG

“We’ve set up a page to collate the responses, if you want us to add yours, then please send it via email to ksmith[AT]cpag.org.uk Local welfare provision - responses to the consultation”

tax credit late appeals; where to now ?

In Decision making and appeals. Last updated today at 13.51 by SocSec

“I had assumed that the TC late apepals order now gave rise to the tribunals being able to hear late appeals as long as they were made after april 2013, but seems this is not the real case. the order says that where hmrc have decied”

Scotland’s revenge: The death of UC?

In Universal credit. Last updated today at 12.22 by shawn

“Meanwhile: “The Scottish Liberal Democrats have given their backing to the transfer of powers over welfare to the Scottish Parliament.” http://www.bbc.co.uk/news/uk-scotland-scotland-politics-30153907 ”

Ask CPAG Online

In Other benefit & tax credit issues. Last updated today at 11.48 by shawn

“Nice one Paul ..... looks great Cheers - Shawn”

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