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welfare rights

23 January

Devolution options for housing benefit and employment support should be investigated, says IPPR

New report argues that devolving specific benefits or welfare programmes could boost growth and economic performance

Tax and benefit reforms introduced since May 2010 have hit the poorest the hardest

New briefing note from the Institute for Fiscal Studies also finds that cuts to in-work benefits have undermined work incentives

DWP publishes second tranche of local authorities and jobcentre areas that will begin to deliver universal credit

Claims will begin to be accepted from single jobseekers between May and July 2015

New powers of data sharing between DWP and local support providers

New statutory instrument

DWP publishes consultation response on universal credit data sharing with local support providers

Having considered responses DWP confirms that regulations will come into force on 13 February 2015

22 January

Scottish government to have power to vary housing costs within universal credit

New draft legislation also sets out powers for the Scottish government over disability benefits, the regulated social fund, and discretionary housing payments

Current planning assumption is that virtually all new claims will be for universal credit during 2016, says Lord Freud

Minister for Welfare Reform also tells LGA that bulk of migration of legacy benefits should be complete by 2019 and that signs from test of 'Digital Service' in Sutton have been 'very encouraging so far'

Commons Select Committee recommends Defra commission further research into why people are using foodbanks

New report suggests Living Costs and Food Survey could be used to gather data on problems individuals experience in obtaining sufficient food

Guidance and clarification on the Fraud and Error Reduction Incentive Scheme

New HB guidance

21 January

People with mental health problems being sanctioned at a rate of more than 100 per day

New data released by the Methodist Church also shows that claimants judged as unfit to work due to mental health problems are more likely to have their benefits stopped by sanctions than those suffering from other conditions.

Only 20 per cent of those who stop claiming JSA after being sanctioned have found employment

New research raises concern that other services, like NHS and food banks, may be absorbing cost of supporting hundreds of thousands who are 'disappearing from view'

Over a million jobseekers signed up to the claimant commitment

Claimants 'need to do more to find work or face losing their benefits', says DWP

All hardship payments made within three days, says Employment Minister

Written answer to parliament also confirms that claimants are told about payments before being sanctioned and given assistance with application process where needed

26,940 people were on the universal credit caseload as at 11 December 2014

New DWP statistics also show that, of these, 35 per cent were in employment

20 January

DWP publishes Equality Analysis about extension of JSA sickness periods

New analysis sets out details of proposal under which claimants with health condition will be given option to stay on JSA for period of up to 13 weeks

Further roll-out of universal credit to claimants with responsibility for children

New statutory instrument sets out new areas where family claims will be accepted, allows claimants with credit union accounts to claim universal credit and uprates income limits

Further roll-out of universal credit

New statutory instrument reopens testing of the DWP's new 'Digital Service' in parts of Sutton

Citizens Advice Scotland calls for halt to migration of DLA claimants to PIP until new Scottish system introduced

Chief Executive also expresses disappointment that there has not been time to discuss the issue, and the halt to universal credit roll-out that has been called for, ahead of draft legislation to implement Smith Agreement

Trial of universal credit in-work conditionality to start in April 2015

Employment Minister tells parliament that 'Randomised Controlled Trial' will begin in ten universal credit sites before expanding to further sites in the North West later in the year

19 January

Almost four in ten families below minimum income standard in 2012/2013

New Joseph Rowntree Foundation research shows rapid widening of gap between incomes and costs of households with children

Next page

21 January

CE/3069/2014 — Tribunal failed to consider whether claimant could read 16 point print, which is not specified on the ESA50 — [2014] UKUT 535 (AAC)

Commissioner / Judge: Wright

CE/551/2014 — Test of whether a claimant can ‘repeatedly mobilise’ is whether s/he can do so on level ground; ‘Access to Work Scheme’ will not normally fund the purchase of a manual wheelchair — [2014] UKUT 519 (AAC)

Commissioner / Judge: White

20 January

CH/2281/2014 — Capital subject to a restraint order made under the Proceeds of Crime Act 2002 has a nil value — [2014] UKUT 518 (AAC)

Commissioner / Judge: Markus

CE/171/2014 — Failure to properly assess effect of claimant’s mental health problems on application of ESA descriptors and regulation 29 (exceptional circumstances) — [2014] UKUT 523 (AAC)

Commissioner / Judge: Mark

19 January

CF/4822/2013 — Overpayment of child benefit not recoverable because claimant advised by Jobcentre Plus adviser that entitlement continued — [2014] UKUT 508 (AAC)

Commissioner / Judge: Wright

CE/1532/2014 — Descriptor 14(c) – coping with minor unplanned change – is not concerned with supported coping and does not require daily incidents of non-coping — [2014] UKUT 522 (AAC)

Commissioner / Judge: Parker

15 January

CF/2354/2013 — Proper approach to export of child benefit when family moves to another state — [2014] UKUT 554 (AAC)

Commissioner / Judge: White

14 January

CE/4111/2012 — Value of an HCP report carried out by a physiotherapist where mental health problems are in issue / adequacy of tribunal's reasons in relation to claimant's mental health problems and descriptors — [2014] UKUT 547 (AAC)

Commissioner / Judge: Three-Judge Panel

CE/3202/2013 — Value of an HCP report carried out by a physiotherapist where mental health problems are in issue / adequacy of tribunal's reasons in relation to claimant's mental health problems and descriptors — [2014] UKUT 547 (AAC)

Commissioner / Judge: Three-Judge Panel

9 January

CTC/4056/2013 — Whether backdating should be awarded on a contested claim for child tax credit where payment has already been made to the other parent — [2014] UKUT 533 (AAC)

Commissioner / Judge: Jupp

8 January

CE/2057/2014 — Whether descriptor 4(c) - transferring a light but bulky object - can be satisfied with one good arm — [2014] UKUT 548 (AAC)

Commissioner / Judge: Hemingway

CE/783/2014 — Regulations allowing conversion of incapacity benefits claims to employment and support allowance are not ultra vires — [2014] UKUT 549 (AAC)

Commissioner / Judge: Three-Judge Panel

6 January

CE/1986/2014 — Tribunal exercises judgment, rather than discretion, in assessing evidence, finding facts and applying law to facts — [2014] UKUT 521 (AAC)

Commissioner / Judge: Jacobs

5 January

CG/297/2014 — Whether tribunal had jurisdiction to hear appeal about decision to award benefit to one carer and not to another — [2014] UKUT 415 (AAC)

Commissioner / Judge: Hemingway

CE/1690/2014 — There is no distinction between a pause and a stop for purposes of the ESA ‘mobilising’ descriptors — [2014] UKUT 471 (AAC)

Commissioner / Judge: Mark

24 December 2014

CTC/1824/2014 — Onus of proof for establishing ‘reasonable grounds for believing’ a tax credit award is incorrect — [2014] UKUT 543 (AAC)

Commissioner / Judge: Wright

23 December 2014

CSH/969/2013 — Claimant not entitled to HB for days prior to occupation under HB Regulation 80(3)(a) — [2014] UKUT 411 (AAC)

Commissioner / Judge: Carmichael

19 December 2014

CSH/41/2014 — Whether room size should be taken into account in determining whether a room can be classed as a bedroom — [2014] UKUT 525 (AAC)

Commissioner / Judge: Three-Judge Panel

CSH/42/2014 — Whether room size should be taken into account in determining whether a room can be classed as a bedroom — [2014] UKUT 525 (AAC)

Commissioner / Judge: Three-Judge Panel

18 December 2014

// — Court of Justice of the European Union dismisses UK Government's challenge to decision on social security rights of Turkish nationals

More summaries

Benefit cap

In Other benefits. Last updated 24 January at 13.49 by HB Anorak

“The benefit cap applies as part of an HB decision by the Council, but HB Reg 75B says the Council does not have to determine whether to apply the cap unless they get a notification from DWP to tell them that the cap may apply.”

Claiming HB - partner has ’no recourse to public funds’

In Housing benefit & council tax support. Last updated 23 January at 20.32 by Ruth_T

“The adult dependant increase is not paid automatically and requires the IB recipient to make a separate claim for it.  There are further rules for entitlement to the increase for a resident spouse: it’s only paid if either the IB claimant receives child”

PIP mobility on mental health grounds

In Personal independence payment & other disability related benefits. Last updated 23 January at 16.46 by Redscooby

“Very promising!”

voluntary appointments at JCP for support group ESA claimants

In ESA & other incapacity related benefits. Last updated 23 January at 15.12 by John Birks

“No one can be - They may be threatened with it or feel they are threatened with it with confusion over either the language used or suggestions made. A referral may even be made in error to sanction someone but a sanction wouldn’t be”

An update re our rightsnet relaunch

In Universal credit. Posted 23 January at 15.01 by shawn

“Just a quick update re our (re)launch plans ... Looks like everything is set to go now for us to go live on Wednesday next week (28th) ... There will be some down time through the earlier part of the day - apologies in advance -”

UC Map - Updated

In Universal credit. Last updated 23 January at 14.55 by Daphne

“Wow Jon - that’s fast - they’re keeping you busy!”

Can you do permitted work whilst on appeal rate ESA?

In ESA & other incapacity related benefits. Last updated 23 January at 14.08 by Billy Durrant

“1964 - 23 January 2015 01:52 PMBilly, do keep us posted on that would you? I have a client in the same boat and I can see I am going to have a battle on my hands re the PW earnings during the period she received JSA. Will do”

a new rightsnet for a new year

In Advice sector policy issues. Last updated 23 January at 14.06 by shawn

“Hi everyone ... Just a quick update re our (re)launch plans. Looks like everything is set to go now for us to go live on Wednesday next week (28th) ... There will be some down time through the earlier part of the day - apologies in”

timescale for tribunal hearings

In Decision making and appeals. Last updated 23 January at 13.55 by Peter Turville

“Surely, if the hearing was adjourned for further information an adjournment notice should have been issued by the judge probably with directions about that information (to be provided by DWP/LA/appelant within X days) possibly to include a direction about providing a copy to”

Access to GP Surgeries.

In Other areas of social welfare law. Posted 23 January at 13.45 by Bryan R

“How would you like to access your GP surgery for appointment, prescriptions, test results, etc. [One or more boxes can be ticked] Phone Text Text Relay Email Skype Letter In person How would you like your GP surgery to contact you about appointments, prescriptions, test”

UC roll out start date - your not allowed to know!

In Universal credit. Last updated 23 January at 11.53 by Peter Turville

“Gareth Morgan - 22 January 2015 06:45 PMHmm, an examination of FOI requests for detailed expenditure by DWP finds: £26.59 - Detailed map of GB mounted on card £8.30 - set of three darts Gareth I can’t believe you are that nieve! We are considering DWP procurement procedures here. ”

No more negotiations re. deductions if overpayment due to ’Fraud’

In Other areas of social welfare law. Last updated 23 January at 11.49 by Daphne

“Ive checked Regulation 16 of the Social Security (PAOR) Regs - http://lawvolumes.dwp.gov.uk/docs/a1-6519.pdf - and there has been no update as far as I can see - para 4(a) says up to the maximum specified in para 5 which says 25%”

DWP Director General of Operations

In Other benefit & tax credit issues. Last updated 23 January at 11.32 by Daphne

“Operational stakeholders have just issued a draft of their suggestion for what will be on the new DWP website page if you look for how to make a complaint - attached - it has at least got phone numbers on now! They are inviting feedback”

Conference - Universal Credit: a quiet revolution in the Welfare State

In Universal credit. Last updated 23 January at 10.27 by Gareth Morgan

“The conference, Credyd Cynhwysol - Y farn o Gymru, looks to be interesting.  A large packed room and, apart from the MP and the AM, I don’t know any of them. ( correction a couple of people from Gwynedd Welfare Rights who are WRAC”

’Early Retirement’

In Pension credit & other benefits for older people. Posted 23 January at 8.59 by Mairi

“Morning All. Does anyone have any views on whether a male EEA national who meets the residence requirement of 3 years in the UK and the working requirement of more than a year can retire at Pension Credit age?  I’m not sure whether this”

More discussions

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