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welfare rights

25 November

Government introduces Fraud and Error Reduction Incentive Scheme for local authorities

New DWP guidance in relation to scheme which will offer financial reward to local authorities who tackle fraud and error in their housing benefit caseload

Scottish local authorities made over 85,000 discretionary housing payments between April and September 2014

New statistics from the Scottish government show that over £40m has been spent or committed

18-21 Work Skills Pilot Scheme introduced for JSA claimants in selected jobcentres

New statutory instrument

'By spring next year one in three jobcentres will be offering universal credit' says Iain Duncan Smith

Additionally six jobcentres in the north west have started taking universal credit claims from families

24 November

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

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

Are dividends asssesable for child taxcrdit calculation?

In Working tax credit & child tax credit. Last updated 25 November at 21.41 by Craven CAB welfare benefits

“The general rule is that dividends fall under investment income, so anything above the £300 pa disregard will count as income. I wouldn’t want to get into whether they were actually genuine dividends myself, but for the basic principle see https://www.gov.uk/running-a-limited-company”

Linking an undiagnosed physical symptom to their mental health

In ESA & other incapacity related benefits. Last updated 25 November at 18.19 by Craven CAB welfare benefits

“Judge Jacobs also gave CIB 5435 2002, where he said: ...The specific context of this question is regulation 25(3), which operates as a gateway into the two sections of the personal capability assessment. The physical disabilities only qualify if they arise from a specific bodily disease or disablement.”

LCW failure, can partner claim instead of MR

In ESA & other incapacity related benefits. Last updated 25 November at 17.05 by DManville

“Yes. He should still challenge the decision to protect his NI though. Might well manage to keep the TP as well!”

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

In Income support & JSA. Last updated 25 November at 16.38 by PCLC

“Well that’s part of the problem! They say good reason (i.e. forgetting to sign on ) not accepted and that a sanction should be imposed. Then “Having been given or sent a notification requiring attendance, other than at an employment programme or training scheme,”

Carers Allowance another EU-related matter(?)

In Other benefits. Last updated 25 November at 16.11 by Jane C

“I now have sight of the MR notice… husband works in Netherlands and pays NI there, she is classed as a family member so it is the Netherlands and not UK which is the state responsible for paying CA.. they have based decision on ECJ”

Treatment of contractual sick pay for Carers Allowance.

In Other benefits. Last updated 25 November at 16.00 by Mike Hughes

“Thank you all. I had subsequently looked it up when not under pressure on our advice line and found the answer. Ah well.”

Hab Res for UK or Republic of Ireland claim

In Personal independence payment & other disability related benefits. Last updated 25 November at 15.45 by matthewjay

“I agree with you and have just had a case turned down on the same point. I’ll be appealing to the UT on the basis that article 6 is free form the genuine and sufficient criteria. It’s worth going back to the UK rules”

Late appeals in tax credit cases

In Working tax credit & child tax credit. Last updated 25 November at 14.42 by Derek

“SocSec - I’m glad I’m not the only one confused! Ant - I’m not sure whether your 25/11 post is referring back to your own 24/11 one or to my 24/11 one. In my case the appeal was lodged before the 2014 Order came into force”

GP refusing to issue fit note

In ESA & other incapacity related benefits. Last updated 25 November at 14.39 by Tom H

“tbidmead - 25 November 2014 12:17 PMI don’t deal with much ESA these days so please correct me if I’m wrong but if she is f/t student with PIP award then she would be treated as having a limited capability for work and there is”

World War One maritime law and the DWP

In Decision making and appeals. Last updated 25 November at 14.24 by Lawtcrav

“Thanks Mike, its been to the UT once already. Another FTT decision was set aside on grounds of unfairness. I have been directed to do a submission 3 weeks before the next hearing on 15 January. I will take your comments onboard and act accordingly. Yes you”

Complaining about a judge’s failure to supply a SoR

In Decision making and appeals. Last updated 25 November at 12.33 by Mike Hughes

“Wonder what their approach to nil points reg 29/35 cases would be???”

Reg 7 HB Regs

In Housing benefit & council tax support. Last updated 25 November at 12.10 by PCLC

“Also any ideas why Sec 130 of SS Cont and Benefits Act 1992 is not in Vol 1 of Sweet and Maxwell at P. 246?”

Overpayment of Invalid Carers Allowance

In Other benefits. Last updated 25 November at 11.42 by sovietleader

“I don’t really see where an “official error” revision request will get you. On the face of it, your client did not notify the DWP that she had started work. What did the welfare rights advisor say that they were going to do? I”

Incorrect PIP decision letters

In Personal independence payment & other disability related benefits. Last updated 25 November at 11.31 by tbidmead

“Have seen this occur once in Bristol but at claim rather than appeal stage. In the reasoning it suggested an award (8 points) and in the activity/descriptor breakdown it only indicated 4 pts. When MR decision issued they upheld original decision and stated that reasoning incorrect.”

JCP refusing to reconsider ’action plan’

In ESA & other incapacity related benefits. Last updated 25 November at 11.20 by Barbara Knight

“S.I. 1349/2011 reg 7 7. (1) A person may request reconsideration of an action plan. (2) On receipt of a request the Sec of State must reconsider the action plan. (3) A decision of the sec of state following a request must be in writing and given to the person. ”

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