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welfare rights

15 September

Office for Budget Responsibility should monitor and forecast child poverty levels, says Joseph Rowntree Foundation

New report also calls for comprehensive strategy 'to move from treating the symptoms of poverty to fundamentally tackling its causes'

12 September

Removal of requirement that employers report details of statutory sick pay

New statutory instrument makes changes following abolition of percentage threshold scheme

DWP awarded around 79,000 short term benefit advances in 2013/2014

Pensions Minister also confirms that average award was approximately £57

11 September

Universal credit needs to be ‘rebalanced’ if it is to work for disabled people

New report from Citizens Advice calls for changes to help ensure that as many people as possible see a genuine gain from every hour of work and the most disadvantaged are protected

Child Support Agency begins process of closing all existing cases

Reforms will see 800,000 cases closed over next three years

Ministry of Justice reports 86 per cent reduction in welfare benefit appeals compared with same period last year

New official statistics also highlight reduction of 30 per cent on the last quarter

Almost three quarters of decided ESA claims are successful, and almost a third of appeals are allowed

DWP publishes new work capability assessment statistics

Joseph Rowntree Foundation highlights concerns around unintended consequences of benefit sanctions

Sanctions are having a disproportionate effect on particular groups, according to new paper on the efficacy and ethicality of conditional forms of welfare

10 September

14 per cent fewer housing benefit cases referred for fraud investigation during 2013/2014 compared to previous year

New DWP statistics also show that the number of housing benefit overpayments identified increased by 5 per cent

DWP pilots to improve employment outcomes for working age claimants with mental health problems

New edition of Touchbase provides information about pilots that include combining psychological and employment support

Pensions Act commencement order issued

New statutory instrument

9 September

Resolution Foundation launches review of current design of universal credit

'Strong case' for making the most of the current window of opportunity before the policy is fully rolled out to reassess it against its original ambitions

8 September

European Commission issues legal challenge to UK right to reside test for child benefit and child tax credit

Court of Justice of European Union asked to find that test not permitted by Regulation (EC) No 883/2004 or that it directly discriminates against nationals of other Member States

Further roll-out of universal credit to the North West of England

New DWP guidance

DWP trialling psychological tests to assess whether claimants have resistance to work

Employment Minister outlines new scheme under which those who are less mentally prepared will be given more intensive coaching, whilst those who are optimistic will face less rigorous regime

DWP aims to release first statistics on mandatory reconsideration by the end of 2014

Minister for Disabled People also confirms that statisticians working on data about mandatory reconsideration for ESA 'as a priority'

5 September

Government responds to Work and Pensions Committee's report on fraud and error in the benefits system

Real-time information system will be used to identify earnings and non-state pensions that have not been declared

Personal budgets paid for children and young people with special needs ignored for IS, JSA and ESA

New DWP guidance

MPs vote in favour of private member’s bill introducing exemptions to the bedroom tax

Proposals include exempting disabled claimants whose home has been adapted and claimants who have not been offered reasonable alternative accommodation

4 September

Increase in number of waiting days for JSA and ESA from three to seven

New statutory instrument introduces increase from 27 October 2014

Next page

15 September

CE/4478/2013 — Duty of tribunal to remedy Secretary of State's failure to alert claimant to regulation 35 using powers including holding domiciliary hearing — [2014] UKUT 371 (AAC)

Commissioner / Judge: Jacobs

10 September

CE/1021/2014 — Whether verbal aggression is sufficient to satisfy activity 17 — [2014] UKUT 363 (AAC)

Commissioner / Judge: Rowley

5 September

CH/2530/2013 — Whether a local authority has jurisdiction to revise or supersede a decision that has been dealt with by a First-tier Tribunal. — [2014] UKUT 277 (AAC)

Commissioner / Judge: Wright

4 September

CE/4094/2013 — Tribunal should consider regulation 29 if evidence suggests that it may apply — [2014] UKUT 303 (AAC)

Commissioner / Judge: Gray

1 September

CE/4095/2013 — Consideration of Med 3 when assessing if claimant satisfies regulation 29 — [2014] UKUT 278 (AAC)

Commissioner / Judge: Ward

29 August

CDLA/643/2014 — Whether a child should be allowed to give evidence or attend a hearing — [2014] UKUT 275 (AAC)

Commissioner / Judge: Jacobs

CE/3939/2013 — The meaning of ‘always’ in descriptor 16(a) - social engagement — [2014] UKUT 268 (AAC)

Commissioner / Judge: Williams

28 August

CE/329/2014 — Tribunal wrong to hold paper hearing after claimant had said she could not attend but wanted husband to represent her — [2014] UKUT 217 (AAC)

Commissioner / Judge: Wright

CPC/2423/2013 — Date of birth should be decided by evidence not assumption — [2014] UKUT 249 (AAC)

Commissioner / Judge: Williams

CTC/1585/2012 — What amounts to ‘ordinarily resident’ in the UK for the purposes of working tax credit — [2014] UKUT 251 (AAC)

Commissioner / Judge: Rowland

27 August

CH/48/2014 — For what period should earnings paid in arrears be attributed for the purposes of housing benefit — [2014] UKUT 368 (AAC)

Commissioner / Judge: West

CE/3183/2013 — Construction and application of ‘social engagement’ descriptors — [2014] AACR

Commissioner / Judge: Three-Judge Panel

CE/1972/2013 — Construction and application of ‘social engagement’ descriptors — [2014] UKUT 352 (AAC)

Commissioner / Judge: Three-Judge Panel

22 August

CH/18/2014 — Meaning of ‘change of circumstances’ in regulation 67(1) of the Council Tax Benefit Regulations 2006 — [2014] UKUT 18 (AAC)

Commissioner / Judge: Mark

CE/146/2014 — Tribunal entitled to use ‘Google maps’ to check distances, but must present evidence to appellant for comment — [2014] UKUT 238 (AAC)

Commissioner / Judge: Jacobs

21 August

CPC/3971/2012 — Available benefits not taken from a personal pension scheme count as notional income for PC purposes — [2014] UKUT 246 (AAC)

Commissioner / Judge: Turnbull

CIS/4325/2013 — Winter fuel payment time limits do not breach EU law — [2014] UKUT 259 (AAC)

Commissioner / Judge: White

20 August

CH/738/2009 — Discrimination against men who are ‘substantial minority carers’ of children in HB rules justified — [2014] UKUT 223 (AAC)

Commissioner / Judge: Wright

CE/54/2014 — Tribunal failed to properly assess evidence relevant to prescribed ‘mobilising’ activity — [2014] UKUT 257 (AAC)

Commissioner / Judge: Wright

18 August

CTC/947/2013 — Claimant not party to appeal about which parent is entitled to CTC cannot challenge decision in the Upper Tribunal — [2014] UKUT 272 (AAC)

Commissioner / Judge: Mark

More summaries

TC MR letters from HMRC - more hurdles

In Working tax credit & child tax credit. Last updated 15 September at 23.09 by victoriatodd

“Peter Turville - 12 September 2014 12:48 PMIt gets worse! Attached is the ‘decsion notice’ issued to the client. Clearly it does not comply with TCA s23(2). It has the form no. TC607 (client has written all over the letter so have extracted the text). Client has not”

Carers and WRA

In ESA & other incapacity related benefits. Last updated 15 September at 19.14 by Craven CAB welfare benefits

“I once tried to make an analagous argument, and was embarassed to find that the first reg of the primary legislation undercuts it. In general, to be entitled to a benefit, you need to have claimed it: http://www.legislation.gov.uk/ukpga/1992/5/section/1/enacted ”

Temporary absence of over 13 weeks - intention to return within 13 weeks

In Housing benefit & council tax support. Last updated 15 September at 17.12 by nevip

“Craven CAB welfare benefits - 15 September 2014 05:05 PMIf you did want some caselaw, on the point about how realistic was the intention to return, there’s CSHB/405/2005 http://www.rightsnet.org.uk/briefcase/summary/Whether-there-is-a-difference-between-a-desire-and-an-intention-to-return-t ‘A ‘desire’ to do something is quite distinct from an ‘intention’”

WTC, qualifying renumerative work and SSP

In Working tax credit & child tax credit. Last updated 15 September at 16.46 by nevip

“I think it’s covered by s151(1) to (3) of the SSC&BA; 1992 (and will not leave the employee financially worse off, as Victoria and Craven have indicated), though it is tortuously drafted, and for most purposes that I can think of it has no detrimental”

Case law on ’reasonableness’ of Jobseeking requirements

In Income support & JSA. Last updated 15 September at 15.24 by Pete C

“Thanks to you both - I can see from reg18 that the minimum requirement is to take at least three steps in a week and the reg goes on to list the sort of thing that the claimant can be expected to do. Am I”

Student on ESA

In ESA & other incapacity related benefits. Posted 15 September at 12.47 by Liz S

“Client just started a course which equates to 14 hours a week but is deemed as full time by college, client not on DLA or PIP but claiming ESA, unclear if contributory or income based at the moment…..... Due to full time nature of course we”

Child benefit Caselaw please

In Other benefits. Last updated 15 September at 12.19 by barbara

“Thanks v much tomr. Much appreciated I was unable to locate on Bailii - there must be a knack to the search! Jo B”

UC postcode map

In Universal credit. Last updated 15 September at 12.00 by ros

“Hi Robby, thanks for the suggestion, it’s certainly something we’ll consider…”

IS - 1/4 share of 2nd property - capital value?

In Income support & JSA. Last updated 15 September at 10.30 by MNM

“Thanks everyone.  Its nice to have a forum like this to get advice, guidance and feedback.  ”

DWP make challenging a decision a three stage process!

In Decision making and appeals. Last updated 15 September at 10.21 by Craven CAB welfare benefits

“Attached is a DWP guidance document we recently received, which includes:If the customer declines this [verbal explanation] or the notepad states they have already had a verbal explanation, they should be offered a written statement of reasons. Once the customer has had either a”

Universal Credit Claim Form

In Universal credit. Last updated 13 September at 21.19 by stevejohnsontrainer

“I read that to the end of May 2014 there were 1,380 new awards of UC within the previous 3 months. Based on a predicted eventual cohort (by DWP) of 10,000,000 eventual awards (new and migrated), I have recalculated the projected full migration date, taking into account all awards”

DLA renewal not received

In Personal independence payment & other disability related benefits. Last updated 12 September at 19.06 by Jon Shaw

“Edmund Shepherd - 12 September 2014 03:20 PMYes you can. You need to appeal the decision terminating the claim. The basis, I suppose, would be that a claim was submitted by mislaid by the department. It’s then up to a DM to decide what is, on the”

Overpayment due to failure to disclose when all correspondance was inaccessible

In ESA & other incapacity related benefits. Last updated 12 September at 16.22 by Mike Hughes

“Seem to recall the EA10 gist was the stuff about duty to make ‘reasonable adjustments’ where they would reasonably have known the persons condition and implications thereof. So, person didn’t have to identify as having a VI or specific RAs if already known via”

Is it grounds to appeal the bedroom tax if a couple cannot share a bed twice a week?

In Housing benefit & council tax support. Last updated 12 September at 16.06 by ros

“Here’s a link to the nearly legal list of bedroom tax tribunal decisions - as you will see there have been some successes where couple unable to share a room due to disability - http://nearlylegal.co.uk/blog/bedroom-tax-ftt-decisions/ In relation to the 2”

DWP Doesn’t Want To Hear From You.

In Personal independence payment & other disability related benefits. Last updated 12 September at 12.31 by SharonM

“benefitsadviser - 12 September 2014 10:22 AM Its still a slap in the face though, pretty much saying that carers and advisers should just butt out. Disgraceful I think that’s it. You know it happens, but when you actually see it in black and white in all”

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