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welfare rights

17 April

Amendment to the definition of service users in housing benefit regulations

New DWP bulletin

Pension credit claimants to be ‘encouraged’ to claim by telephone

DWP update following successful tests in Dundee and Motherwell Pension Centres

Labour Party sets out how it would reform the work capability assessment

'Abundantly clear' that at the moment it isn’t working, say shadow Secretary of State for Work and Pensions and shadow Minister for Disabled People

16 April

4,640 people on universal credit caseload at end of January 2014

New DWP statistics also show that nearly 7 in 10 of the caseload are under 25

Trussell Trust reports 163 per cent rise in use of foodbanks

83 per cent of foodbanks surveyed reported benefits sanctions have caused more people to be referred

15 April

Miscellaneous amendments to social security regulations

New DWP guidance

Scottish Welfare Fund makes awards to 56,200 households in period from April to December 2013

New figures show that 22,400 community care grants and 53,700 crisis grants awarded with total value of £18m

Local authorities in Scotland award £25.1m in DHPs in period from April 2013 to February 2014

New figures show that 70,211 awards made with average value of £357

14 April

23 per cent of those affected by benefit cap are capped by more than £100 per week

Findings of new DWP ad hoc analysis also include that 80 per cent of those affected are women

11 April

Miscellaneous amendments to social security legislation in Northern Ireland

New statutory rule

Welsh Ministers call for disabled tenants in adapted homes to be exempt from bedroom tax

If not exempt, the five ministers ask that indefinite discretionary housing payments be awarded instead

DWP appoints Paul Gray to carry out independent review of personal independence payment

Review to look at the assessment process during the first two years of operations

10 April

New conditionality measures for jobseekers and lone parents

New edition of Touchbase outlines additional requirements for claimants due to come in from 28 April 2014

DWP awarded £549,000 from contingencies fund to continue development of IT for single-tier pension

Advance necessary to meet timetable of implementation in April 2016

9 April

Pace of universal credit roll-out ‘excruciatingly slow’, says Work and Pensions Committee

New report also highlights continued uncertainty about IT system and criticises government for 'hampering' scrutiny of new benefit

Three month residence requirement for jobseekers claiming child benefit and child tax credit from 1 July

Government also announces mandatory language skills training from 28 April and end of routine interpreting services from 9 April for new jobseeker's allowance claimants

Up to 100,000 tenants affected by the bedroom tax are unable to move homes

New Joseph Rowntree Foundation report also highlights that around half of tenants affected are in rent arrears

Maternity allowance for women who ‘help out’ in their husband’s or civil partner’s business

New DWP guidance

PIP assessments taking ‘significantly longer’ than expected, says Capita

Chief Executive of Capita Personal Independence Payment tells BBC Radio Wales that assessment has proved 'far more complicated than was ever envisaged'

Amendments to means-tested benefits to ensure consistency with immigration regulations

New statutory instrument

Next page

19 April

CDLA/1899/2012 — Whether the test of visual acuity for severe visual impairment (high rate mobility component) is dependent on measurements on the Snellen Scale alone — [2013] UKUT 267 (AAC)

Commissioner / Judge: Bano

17 April

CH/2067/2012 — ‘Exclusive use of’ rooms for LHA purposes means legal right to exclude others — [2014] UKUT 36 (AAC)

Commissioner / Judge: Wright

CE/3144/2013 — Jobcentre’s inability to cater for claimant’s mental health problems meant ESA regulation 35(2) applied — [2014] UKUT 35 (AAC)

Commissioner / Judge: Mark

15 April

CH/741/2013 — Tribunal has no jurisdiction to review one of its decisions on its own initiative — [2014] UKUT 43 (AAC)

Commissioner / Judge: Jacobs

14 April

CE/1278/2013 — Inadequate consideration of ‘social engagement’ difficulties — [2014] UKUT 20 (AAC)

Commissioner / Judge: Rowland

CE/2304/2013 — Risk to mental health if found not to have limited capability for work (and work-related activity) — [2014] UKUT 16 (AAC)

Commissioner / Judge: Mark

CG/412/2013 — Difference between opening and closing stock not an allowable expense when calculating self-employed earnings of carer’s allowance claimant — [2014] UKUT 12 (AAC)

Commissioner / Judge: Jacobs

11 April

CE/1467/2013 — Whether the assessment phase of ESA ends even if claimant has not had a medical — [2014] UKUT 0042 (AAC)

Commissioner / Judge: Jacobs

CIS/1638/2012 — Evidence required to establish ‘living together as if they were civil partners’ — [2014] UKUT 0017 (AAC)

Commissioner / Judge: Levenson

CE/1537/2013 — Meaning of social engagement / regulation 29, the journey to work, and compliance with medication — [2014] UKUT 22 (AAC)

Commissioner / Judge: Gray

10 April

CE/1695/2013 — Mobility problems affecting ability to reach a toilet quickly / meaning of ‘change in clothing’ — [2014] UKUT 0034 (AAC)

Commissioner / Judge: Mark

CH/2001/2013 — Local authority has no power to 'cancel' a claim / appeal lapses where revised decision is more favourable — [2014] UKUT 0023 (AAC)

Commissioner / Judge: Poynter

CE/3144/2013 — What evidence of work-related activity is required / whether jobcentre staff have the necessary skills to deal with claimants with mental health problems — [2014] UKUT 0035 (AAC)

Commissioner / Judge: Mark

CH/140/2013 — Claimant entitled to additional bedroom for carer sleeping in lounge when determining LHA — [2014] UKUT 48 (AAC)

Commissioner / Judge: West

CDLA/669/2012 — Claimant not entitled to DLA on moving to Germany under EC Regulation 1408/71 because entitled to German sickness benefits — [2014] UKUT 19 (AAC)

Commissioner / Judge: White

9 April

CJSA/3172/2012 — Right to reside of A8 national with intermittent work record (lawfulness and scope of derogation rules; earnings and self-sufficiency; ‘comprehensive sickness insurance’; implications of ‘Brey’) — [2014] UKUT 32 (AAC)

Commissioner / Judge: Ward

27 March

CH/2042/2011 — Circumstances in which an appeal should be struck out — [2013] UKUT 625 (AAC)

Commissioner / Judge: Poynter

CE/587/2013 — Duty of Secretary of State and tribunal to consider what work related activity claimant is capable of for purposes of ESA regulation 35(2) — [2013] UKUT 573 (AAC)

Commissioner / Judge: Wright

26 March

CIS/3218/2011 — Whether arrears due following a suspension of benefit can be offset against overpayment in respect of earlier period — [588] UKUT 2013 (AAC)

Commissioner / Judge: Rowland

CE/1650/2013 — Duty to apply ‘reasonable regularity’ test and regulation 29 when determining WCA appeal — [2014] UKUT 10 (AAC)

Commissioner / Judge: Gray

More summaries

HMCTS and use of email

In Decision making and appeals. Last updated 18 April at 8.30 by Claire Hodgson

“Bryan R - 17 April 2014 07:18 PMbut I cannot understand why one part of HMCTS would find it acceptable and another not. HAH.  you want to try dealing with courts - one has one set of standard directions, one has another, and woe betide you if”

PIP and declaring disability to employer

In Personal independence payment & other disability related benefits. Last updated 17 April at 18.45 by Craven CAB welfare benefits

“Historically, the definition of ‘disability’ in employment law is not directly tied to any social security definition. As I recall, one of the justifications for making PIP a 12 month assessment period was to sort of bring it into line with the employment definition, but they”

Incapacity Benefit with dependant child additions plus CHB and CTC?

In ESA & other incapacity related benefits. Last updated 17 April at 17.21 by Altered Chaos

“Now that I do not know! The link was IS with child element = no CTC but I cannot give you a definitive answer regarding IB with CDI = no CTC (my gut says the same rule should not apply as the CDI rates are considerably lower”

Affect of loan on IS and CTB

In Income support & JSA. Last updated 17 April at 17.08 by nevip

“Quistclose Investments LtD v Barclays Bank (1970) House of Lords. Rolls Razor LtD had a £484,000 overdraft with Barclays Bank. However it needed to borrow a further £210,000 in order to pay dividends to share holders. Rolls Razor borrowed this money from Quistclose Investments with the express provision”

PIP or AA?

In Personal independence payment & other disability related benefits. Last updated 17 April at 16.47 by tomg

“Thank you for the input.  We have raised the issue with the DWP because we would like to be certain of the possible effect of making the AA claim.  So far they have not been able to give a answer with any degree”

Help needed

In Other benefit & tax credit issues. Last updated 17 April at 16.46 by dave_dave

“We’ve just received this link, all going to be just fine now http://www.dwp.gov.uk/docs/dwp-postal-addresses.pdf Mail opening is modernised 1. The Department for Work and Pensions (DWP) is modernising how it receives and processes post which has resulted in changes”

Mandatory reconsiderations

In Decision making and appeals. Last updated 17 April at 15.52 by SocSec

“have a look at my previous thread on this, dwp at all levels from decision maker to local jobcentre manager to helpline staff were clueless about MR, the proverbial man in the stree is more switched on. after giving my client wrong advice , calling a”

Welfare Reform poses a disincentive to returning to work

In Personal independence payment & other disability related benefits. Last updated 17 April at 15.10 by Peter Turville

“We would advise a client that there is no requirement to report starting work (voluntary or paid) but that if there has been a change in the level of their care or mobility needs which may affect their award (which may or may not be”

Income Support for carer not in receipt of Carers Allowance but ’regularly and substantially engaged in caring for another person’

In Income support & JSA. Last updated 17 April at 14.41 by Craven CAB welfare benefits

“Previous related thread http://www.rightsnet.org.uk/forums/viewthread/6212/”

CPAG ’corrections & clarifications briefing’ on IDS’s Today Programme child poverty interview

In Advice sector policy issues. Last updated 17 April at 14.38 by Carol Laidlaw

“But not much use if the BBC do not get a complaint about lazy journalism, and a demand that they broadcast a correction.”

O no, they can’t do that!

In Decision making and appeals. Last updated 17 April at 14.12 by Patrick Hill

“J Membery - 17 April 2014 11:11 AMDoubt if there is a breech of the DP rules the fifth principle is; Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes. Most of the guidance”

local welfare assistance finder

In Other benefit & tax credit issues. Last updated 17 April at 12.56 by shawn

“have added CPAG’s resource to rightsnet toolkit ... http://www.rightsnet.org.uk/toolkit ps - the children’s society also did some work on this last year .. http://www.childrenssociety.org.uk/news-views/our-blog/use-our-map-find-your-local-welfare-assistance-scheme”

Carers Allowance and Habitual Residence Test

In Personal independence payment & other disability related benefits. Last updated 17 April at 12.50 by Altered Chaos

“Julie Stuart - 17 April 2014 11:28 AMThere are 2 tests for CA and PIP/DLA. The first is the past presence test that means you have to have been in the UK 104 out of the last 156 weeks - does you client pass that?  As far as I”

Was it a dream? Caselaw hunting...

In ESA & other incapacity related benefits. Last updated 17 April at 12.05 by DManville

“and yes; it was… It’s been staring me in the face all along!  Thanks”

PSIC, overpayment and parter.

In Housing benefit & council tax support. Last updated 17 April at 11.48 by Tony Bowman

“Thanks very much everyone. I had rejected the re.104 position but it seems I may have been hasty in that and need to look again. Thanks MM for the additional info too, but in this case the PSIC partner lost an immigration appeal and overstayed,”

More discussions


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