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welfare rights

30 October

Legislative process for Welfare Reform Act in Northern Ireland will take ‘some 18 months’

Minister for Social Development outlines a package of measures to 'mitigate some of the negative aspects of welfare reform'

DWP confirms that Maximus awarded three year contract to deliver health related assessments including WCAs

Maximus will reduce waiting times without compromising quality, improve quality of assessments and make process more straightforward, says Chief Executive

Prime Minister says that ‘it would not be right’ to give Affordable Homes Bill a ‘money resolution’

Response to question in parliament appears to confirm that government will block Bill introducing exemptions to the bedroom tax

Ministers ‘considering’ cutting the work-related activity component of ESA to just 50p

Internal documents seen by the BBC also reveal that extra staff have been hired to help reduce a backlog of more than 600,000 cases

Benefit cap acccounts for around a quarter of DHPs in London compared to 3 per cent in rest of England

New analysis from London's Poverty Profile also shows that the average award in London was around double the average elsewhere

Tax credits, child benefit and guardian’s allowance appeals in Northern Ireland

New statutory instrument

29 October

Supreme Court rules that Haringey’s consultation on council tax reduction scheme was unlawful

However, court also decides that it would not be proportionate to require local authority to hold a fresh consultation

Maximus to take over Atos contract for delivering work capability assessments

BBC reports that US firm has been awarded contract estimated to be worth £500m over three and a half years

High Court decision on challenge to bedroom tax for parents with shared care of children

New DWP guidance following last week's judgment

Changes to notification period for statutory paternity pay

New statutory instrument aligns notification provisions with those for statutory paternity leave

Shared parental pay for employees who are adopting from overseas.

New statutory instrument

Statutory adoption pay, statutory paternity pay or shared parental pay for those who have baby with help of surrogate

New statutory instrument provides for benefit to be paid to 'parental order parents'

28 October

National Audit Office publishes summary of the DWP’s performance in 2013/2014

Overview focuses in particular on where NAO believes the Department's performance could be improved

27 October

DWP publishes research into ‘ideal customer journey’ for new state pension

Findings of new report intended to provide starting point for DWP teams responsible for designing process

DWP consults on closing partially and fully compliant Child Support Agency cases simultaneously

Changes to Ending Liability scheme to allow 'on system' cases to be closed at the same time as those administered clerically

24 October

Jobseeking process to be made paperless as part of jobcentre ‘digital revolution’

Installation of 'high-tech equipment' at more than 700 sites expected to save millions of pounds a year, says DWP

Government announces intention to temporarily suspend work-related requirements for claimants of universal credit with a child in distress

However, SSAC raises concern that draft regulations are too prescriptive and could create a two-tier approach

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

New DWP guidance

Designation of employment officers for community work placements and the Work Programme

New DWP guidance

23 October

Local authorities detected benefit fraud amounting to £129m in 2013/2014

New Audit Commission report also shows that benefit fraud accounted for 69 per cent of total value of fraud detected

Next page

31 October

CH/4417/2013 — Assessing the value of the interest in the matrimonial home occupied by 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

24 September

CH/403/2013 — Claimant liable to make payments for flat owned by company of which he was a director — [2014] UKUT 326 (AAC)

Commissioner / Judge: Rowland

CDLA/1079/2012 — Case law (R(DLA) 2/96) which held that person cannot qualify for higher rate mobility component of DLA on grounds of severe mental impairment on basis of brain injury after the age of 30 is no longer good law — [2014] UKUT 312 (AAC)

Commissioner / Judge: Wikeley

CE/3858/2013 — Application of ESA regulation 35(2) following evidence about the claimant’s ‘work-related activity’ in her ‘action plan’ — [2014] UKUT 305 (AAC)

Commissioner / Judge: Gray

23 September

CI/2360/2013 — Recording of tribunal hearing (but not any accompanying paper notes) is record of proceedings — [2014] UKUT 323 (AAC)

Commissioner / Judge: Gray

CE/2918/2013 — Tribunal erred in law in deciding claimant did not have limited capability for work-related activity — [2014] UKUT 286 (AAC)

Commissioner / Judge: Markus

16 September

CE/324/2014 — When is there a duty to disclose under regulation 32 of the claims and payments regulations? — [2014] UKUT 282 (AAC)

Commissioner / Judge: Mesher

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

More summaries

Valid removal?

In Decision making and appeals. Last updated 31 October at 22.37 by Altered Chaos

“Just wanted to say thanks guys. Decision set aside and remitted to a new panel ”

Overpayment of Enhanced Disability Premium

In Income support & JSA. Last updated 31 October at 21.14 by MarkRingsted

“Thank you guys - very kind and extremely useful Mark”

New ’families test’ to be applied to all government policy and legislation says IDS

In Advice sector policy issues. Last updated 31 October at 20.17 by Gareth Morgan

“Does it say whether the tests are looking for Yes or No as the answer?”

Another permanent residency query...IS, JSA & HB!

In Income support & JSA. Last updated 31 October at 18.09 by matthewjay

“CA can be backdated up to 3 months without needing any reason, assuming he met the qualifying criteria throughout that period: CPAG p 545. I don’t think there are special rules for backdating further than this where someone stopped claim as a a result of faulty”

exceptional legal aid funding

In Decision making and appeals. Last updated 31 October at 17.09 by Paul_Treloar_CPAG

“Interesting blog here on exceptional case funding and pro bono from Paul Yates of Freshfields. Pro bono and moral hazard: first, do no harm It is worth noting here that while the MoJ predicted about 3,500 cases would be granted ECF each year, in the first”

GPoW Assessment for EEA nationals asserting a right to reside other than jobseekers/retained workers

In Income support & JSA. Last updated 31 October at 16.51 by 1964

“It’s certainly the impression we are getting.”

Maximus confirmed as WCA provider

In ESA & other incapacity related benefits. Last updated 31 October at 16.50 by 1964

“Peter Turville - 31 October 2014 10:39 AM In areas where Maximus are also a work programme contractor it will be interesting to see if those staff continue to advise JSA/ESA claimants to challenge WCA decisions made following WCA assessments made by their HCP colleagues! Yes, my”

Goodbye...

In Other areas of social welfare law. Last updated 31 October at 16.26 by Pete C

“Tony- Sorry to hear you are unwell , we’ll all miss you greatly best wishes Pete.”

Updated Advice for Decision Making (ADM) in HTML

In Universal credit. Last updated 31 October at 14.55 by Daphne

“Now linked to in our resources/toolkit section under DWP administrative guidance - http://www.rightsnet.org.uk/toolkit Thank you to Tim”

What kind of income?

In Housing benefit & council tax support. Last updated 31 October at 14.38 by SHowells

“That’s true. But it would require that she was actually engaged in the business of childminding (i.e. held herself out as a childminder, advertised her services and was prepared to take on children of members of the public and not just of immediate”

Shared Lives

In Personal independence payment & other disability related benefits. Last updated 31 October at 13.57 by miket

“Excellent. Thanks for your response Dan.”

Who checks the contribution records?

In ESA & other incapacity related benefits. Last updated 31 October at 12.03 by Jo Woodcock

“I’ve never know it to be up to the claimant to prove they have met contribution conditions. The DWP check routinely when someone claims ESA or JSA.”

DWP Director General of Operations

In Other benefit & tax credit issues. Last updated 31 October at 10.52 by Daphne

“latest stats on number of complaints - https://www.gov.uk/government/publications/complaints-about-dwp-financial-year-2014-to-2015 of course they are only the complaints that get recorded - the problem is getting them to that stage!”

Supreme Court finds that Haringey’s consultation on council tax reduction scheme was unlawful

In Housing benefit & council tax support. Last updated 31 October at 10.51 by Bryan R

“I suspect that most council’s proposed changes to its Council Tax Benefit scheme were unlawful as they probably failed to outline alternative methods of dealing with cuts to funding. My local council’s consultation on changes to its council benefit scheme did not include”

No main phase payment

In ESA & other incapacity related benefits. Last updated 30 October at 22.41 by Colin Hannon - Welfare Benefits Adviser

“Thanks guys much appreciated , DWP must think we have nothing better to do ”

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