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Lasa launches new ‘advicelocal’ website

Check out advicelocal.org.uk, our new borough-by-borough social welfare resource for London's advice and information community developed with support from the City Bridge Trust and the Big Lottery.

Impact of Independent Reviews on the WCA

The Disability Benefits Consortium has launched a new survey to get an update on what changes advisers have seen in the WCA over the last year. Find out more...

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welfare rights

23 July

DWP's appeal against requirement to publish names of companies involved in employment programmes is dismissed

Upper Tribunal finds no error of law in decision of First-tier Tribunal and directs that the order must now be complied with

Government needs to undertake a fundamental redesign of the ESA end-to-end process, say MPs

New Work and Pensions Committee report also advises that 'rebranding' the assessment by appointing a new contractor will not solve problems

DWP to carry out data matching exercise between HMRC's Real Time Information and six social security benefits

New guidance to local authorities on project that is expected to identify 300,000 overpayments, with 223,000 of those relating to housing benefit only cases

Improving take-up of means tested benefits would make major contribution to poverty reduction, says Inclusion

New report also finds that most significant factor associated with non take-up is level of knowledge about entitlement, highlighting value of access to welfare rights advice

Bill disqualifying non-UK citizens from the EU from entitlement to child benefit introduced to House of Commons

Private Member's Bill expected to receive second reading on 6 March 2015

State pension to increase by 5.8 per cent for each year deferred by those reaching pension age from April 2016

Written statement to parliament from Pensions Minister

Effects of treatment and the medical assessment of chronic bronchitis and emphysema for industrial injuries benefit purposes

New Industrial Injuries Advisory Council report recommends that effects of treatment should not be taken into account in assessments for prescribed disease PD D12

22 July

Government consultation on PIP mobility criteria was not unfair or unlawful

New High Court judgment

Settling tax credit appeals by agreement between HMRC and the appellant with no need for a determination by a tribunal

New statutory instrument

Reform of EU migrant benefit rules needed, says government

Without change, 'legitimate public concern is likely to significantly undermine support for the principle of free movement'

Independent Review finds that improvements needed to sanctions system, particularly for vulnerable claimants

Areas of concern include that letters 'complex and difficult to understand' and that claimants concerns being passed 'from pillar to post', with little hope of resolution, due to lack of information sharing

Evaluation of the ‘Direct Payment Demonstration Projects’

DWP publishes new research into the first 12 months of the direct payment of housing benefit to tenants living in social housing

Research into the experiences of people entitled to carer’s allowance

New study looks at carers, their use of carer's allowance, budgeting issues and how they can be better supported to return to work

Evaluation of the process for claiming personal independence payment

New DWP research report

Evaluating the impact that the early phases of universal credit will have on the labour market

New report outlines approach to be taken by the DWP in exploring claimant's chances of being in work, their time in work and their earnings

Transition to tax credits of child-related claims for income support and jobseeker’s allowance

New DWP guidance

Roll-out of universal credit to couples

New regulations issued

21 July

Pilot scheme for full-time mandatory attendance of selected claimants at jobcentres

New statutory instrument introduces pilots that will run until 30 April 2015

DWP to issue full response to SSAC consultation on removing housing benefit for EEA jobseekers in early autumn

In interim response, Iain Duncan Smith says that extra time is for officials to consider recommendations over the summer and to allow results of research with local authorities to be included

17 July

Conservative Party considering limiting child benefit to four children per family

Proposal drawn up by Policy Exchange think tank 'makes sense', says Conservative source

Next page

11 July

CH/2605/2013 — Whether a local authority's error to ask a relevant question on the standard claim form amounted to official error — [2014] UKUT 201 (AAC)

Commissioner / Judge: Wikeley

2 July

CH/2413/2013 — Need to clearly distinguish between actual and notional capital, and establish proper evidential basis for adverse credibility finding against claimant — [2014] UKUT 212 (AAC)

Commissioner / Judge: Wikeley

CIS/2411/2013 — Need to clearly distinguish between actual and notional capital, and establish proper evidential basis for adverse credibility finding against claimant — [2014] AACR

Commissioner / Judge: Wikeley

CE/4405/2013 — Circumstances in which an appeal lapses / when regulation 29 should be considered in ESA appeals — [2014] UKUT 208 (AAC)

Commissioner / Judge: Levenson

30 June

CTC/4246/2012 — Backdating a claim for tax credits — [2014] UKUT 221 (AAC)

Commissioner / Judge: Ovey

CE/2722/2013 — Appeal against termination of contributory ESA after 365 days on grounds that claimant should be in support group — [2014] UKUT 203 (AAC)

Commissioner / Judge: Wright

26 June

CSE/859/2013 — Consumption of alcohol does not, in itself, amount to disinhibition — [2014] UKUT 188 (AAC)

Commissioner / Judge: May

19 June

CSTC/224/2014 — Whether a 'submission' is the same as a 'document' for the purpose of rule 7(3) of the Tribunal Rules — [2014] UKUT 224 (AAC)

Commissioner / Judge: May

16 June

CH/1445/2013 — Whether it was discriminatory to treat a pension paid by the Netherlands in compensation for victims of national socialist persecution differently to similar schemes paid by Germany and Austria — [2014] UKUT 187 (AAC)

Commissioner / Judge: Williams

CSE/141/2014 — Whether a tribunal should adjourn to allow a claimant with mental health problems to get a representative — [2014] UKUT 218 (AAC)

Commissioner / Judge: Agnew

11 June

CE/3893/2013 — Procedure for dealing with applications for leave to appeal to the Upper Tribunal — [2014] UKUT 167 (AAC)

Commissioner / Judge: Gray

CF/3973/2013 — Whether HMRC could show misrepresentation when the claim forms had been destroyed — [2014] UKUT 199 (AAC)

Commissioner / Judge: Wikeley

CH/1241/2013 — Fuel allowance for travel to and from new place of work counts as income for housing benefit — [2014] UKUT 172 (AAC)

Commissioner / Judge: Williams

10 June

CH/2186/2013 — Person not a ‘worker’ or self-employed for purposes of EC Directive 2004/38 on basis of being a carer in receipt of carer’s allowance — [2010] UKUT 154 (AAC)

Commissioner / Judge: Ward

CIS/1998/2012 — Person not a ‘worker’ or self-employed for purposes of EC Directive 2004/38 on basis of being a carer in receipt of carer’s allowance — [2010] UKUT 154 (AAC)

Commissioner / Judge: Ward

CH/1349/2011 — Student bursary for living costs counts as income for housing benefit — [2014] UKUT 166 (AAC)

Commissioner / Judge: Rowland

3 June

CSE/14/2014 — Regulation 35 / occupational therapy in psychiatric day hospital not evidence of ability to carry out work related activity — [2014] UKUT 176 (AAC)

Commissioner / Judge: Bano

CH/3747/2013 — Couple who lived separately but spent weekends together were not ‘couple’ for benefit purposes — [2014] UKUT 186 (AAC)

Commissioner / Judge: Levenson

29 May

CE/3441/2013 — Whether tribunal has a duty to obtain evidence relating to DLA high rate mobility award — [2014] UKUT 185 (AAC)

Commissioner / Judge: Bano

28 May

CE/3848/2012 — Regulation 29 where person unable to make journey to work unaccompanied — [2014] UKUT 148 (AAC)

Commissioner / Judge: Ward

More summaries

dwp looking for feedback from rightsnet users

In Universal credit. Last updated 23 July at 18.21 by Billy Durrant

“Wonder how much they paid an ad agency for that? Do the DWP seriously expect us to comment on its little cartoons and then, no doubt pay for a focus group to analyse the responses? Well analyse this… Universal Credit was dreamed up by some”

PIP when DLA change of circs requested.

In Personal independence payment & other disability related benefits. Last updated 23 July at 16.28 by DManville

“Apologies for grave digging but I’m looking for info about my other PIP post. If you don’t send the form back it kills the DLA entitlement; reg 13 of the transitional provisions…”

IS during WTC run on

In Income support & JSA. Last updated 23 July at 15.55 by DManville

“The rules for remunerative work don’t overlap between the Is regs and WTC so I’d say that he stopped being in remunerative work for IS when he stopped working and situation (ii) is my take on it ”

watch this space

In Other benefit & tax credit issues. Last updated 23 July at 15.24 by Pete C

“It will make a change from all those stories about young women deliberately getting pregant so they can claim benefits! Certain members of the government are perhaps less svelte than they might be, are we going to see special bariatric benches in the House?”

WRAG ESA(cb) expired and Support Group - What next??

In ESA & other incapacity related benefits. Last updated 23 July at 14.22 by Michele_J

“Many thanks to all those who made suggestions and helped me think this through.”

Money Advice Trust – Funding opportunity

In Other areas of social welfare law. Posted 23 July at 14.20 by shawn

“This from our friends over at the Money Advice Trust ... The Money Advice Trust is pleased to announce the opening of our new Innovation Grants Programme. The programme is now seeking Expressions of Interest from organisations in the UK wishing to develop innovative money and”

HB and RTI

In Housing benefit & council tax support. Last updated 23 July at 13.52 by Craven CAB welfare benefits

“Can I ask a related question? We’ve seen cases where a council (using Northgate, I believe) takes a WTC income figure taken from their current data-matching system, but are apparently unable to identify, e.g. - that it includes a disability element, and so”

Costs

In Decision making and appeals. Last updated 23 July at 13.29 by nevip

“Yes, some tribunals such as the property, tax and social care tribunals (I haven’t looked at employment) have powers to award costs in defined circumstances.  Tribunals dealing with social security benefits and war pensions have no such powers and are specifically excluded from”

PIP changes of circs...

In Personal independence payment & other disability related benefits. Posted 23 July at 13.08 by DManville

“How do I’ve a question about peoples’ experiences of notifying changes of circs. A while ago one of my clients got caught in the PIP lobster pot after notifying a rather minimal change in meds. I didn’t think much of it at the”

ESA pressure

In ESA & other incapacity related benefits. Last updated 23 July at 12.24 by Nicky

“I’ve repped at a few after death too - they tend to be successful…..one of mine died of a heart attack while travelling to make sure he knew where the Tribunal venue was so he wouldn’t be late, the weekend before the”

Change to timetable for move to 67 before state pension paid

In Pension credit & other benefits for older people. Last updated 23 July at 11.32 by sanwyp

“Thanks Daphne ”

court proceedings have begun re PIP mobility change

In Personal independence payment & other disability related benefits. Last updated 23 July at 10.45 by ros

“here’s the rightsnet news story on it - http://www.rightsnet.org.uk/news/story/government-consultation-on-pip-mobility-criteria-was-not-unfair-or-unlawful”

CDLA/3364/2001

In Personal independence payment & other disability related benefits. Last updated 23 July at 10.24 by Daphne

“here you are - http://www.osscsc.gov.uk/Aspx/view.aspx?id=818”

Reg 35(2)(b) and NS v SSWP (ESA) 2014 UKUT 0149 (AAC) - counterpoint?

In ESA & other incapacity related benefits. Last updated 23 July at 10.03 by DManville

“List of up to date (at April 14) reg 35 caselaw (sorry I didn’t think of this earlier)”

ideas wanted on how to improve the PIP process and deal with delays

In Personal independence payment & other disability related benefits. Last updated 23 July at 9.59 by Daphne

“not on holiday here dan :) - nawra email goes to my bristol address and have just seen your email - I will forward it to DBC and copy you in”

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