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CPAG Benefits for Migrants Handbook

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Lasa launches two new websites

Over the summer, Lasa has launched two new websites - connectingcare.org.uk and advicelocal.org.uk - to support the work of the voluntary and community sector. Check them out and let us know what you think ...

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welfare rights

22 October

Length of time before repeat WCA should be applied following successful appeal by claimant

New DWP guidance based on recommendations in Dr Litchfield's year 4 review

UC is a ‘transformational reform, being safely delivered’, according to Iain Duncan Smith

New report also finds that 92 per cent of universal credit claimants are encouraged to find work or increase the amount they are working

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

In new judgment, Court holds that, even if reduction in housing benefit meant that claimants had to move to smaller accommodation where children could no longer live with them, that would not, in itself, be a breach of right to family life

Changes to weather stations and postcode districts for social fund cold weather payments purposes

New DWP guidance

21 October

More than 100,000 households receive assistance from Scottish Welfare Fund

New statistics also show that £300,000 more awarded in crisis grants for food in period from April to June 2014 than in same quarter last year

35,530 people assisted by Access to Work between April 2013 and March 2014

New DWP statistics show increase from 31,510 in previous year

20 October

Shadow Work and Pensions Secretary writes open letter to Iain Duncan Smith on 'universal credit questions that need answering'

Following visit to universal credit pathfinders in North West, Rachel Reeves highlights continued serious problems with IT system ahead of next year's accelerated roll-out

No hope of 2020 child poverty targets being met without radical changes, according to Social Mobility and Child Poverty Commission

In new 'State of the Nation' report, Commission says that it's particularly concerned that each of the main political parties is targeting further welfare cuts to balance country's books after 2015

17 October

Transition from existing benefits to universal credit

New DWP guidance

Circumstances in which jobseekers are entitled to a right to reside in the United Kingdom

New statutory instrument

Risk that DWP’s approach to ‘assisted digital’ could lead to a diminished level of accountability

Social Security Advisory Committee publishes response to call for evidence from the House of Lords Digital Skills Select Committee

DWP confirms details of further roll out of personal independence payment

Benefit to be extended to existing DLA claimants in four additional areas from November 2014

SSAC consults on proposal to take account of past earnings in repeat UC claims

Government intends to take account of surplus earnings to 'protect against potential manipulation of the system by workers'

1.6 million pensioners living in poverty

New report from Age UK identifies low benefit take-up as a key reason

DWP should have increased its focus on housing benefit fraud and error sooner

New report from the National Audit Office says fraud and error accounts for 5.8 per cent of spending on the benefit

16 October

74 per cent of DWP claimants believe there is a need for improvement in the service

New survey carried out by DWP also finds that 50 per cent were dissatisfied with the appeals process

Office for Budget Responsibility publishes report on welfare trends in relation to cap on welfare spending

Report finds that forecast for welfare spending subject to a number of important risks and uncertainties and that the three largest of these relate to housing benefit, incapacity benefits and disability benefits

Government responds to consultation on persistent child poverty target for 2020

Target to be set at less than 7 per cent despite the majority of respondents calling for a target of less than 5 per cent

15 October

Policy Exchange recommends introduction of compulsory unemployment insurance scheme

Under proposals, reported to be being considered by Chancellor, workers would pay at least £5 per week into 'personal welfare account', offset by reduction in national insurance contributions

MPs vote in favour of Bill exempting households where someone is entitled to carer's allowance from bedroom tax

Private Member's Bill expected to receive second reading in House of Commons on 21 November 2014

Next page

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

10 September

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

Commissioner / Judge: Rowley

More summaries

DLA 65+

In Personal independence payment & other disability related benefits. Last updated 22 October at 20.33 by Jon Shaw

“Once the transfer starts, it depends on the date on which someone turned 65. Anyone who had reached the age of 65 by 8/4/13 will not be transferred, eveyone else (eventually) will be, and will be invited to claim PIP if reporting a change of circumstances after the ‘”

HB, JSA Sanctions, and Giving Up Work

In Housing benefit & council tax support. Last updated 22 October at 20.27 by geep

“Just found out that the person in question would probably have to claim UC as they’re in a roll-out area. Would they have more problems claiming housing costs through UC if they gave up work? I can’t remember if the roll-out areas are”

UC is a ‘transformational reform, being safely delivered’, according to Iain Duncan Smith

In Universal credit. Last updated 22 October at 19.15 by Peter Turville

“Paul_Treloar_CPAG - 22 October 2014 04:56 PMFor some reason, every time I read the headline of this thread, a little voice in my head starts singing: “I’m a little teapot, Short & stout, Here´s my handle, Here´s my spout, When I get steamed”


In Other benefits. Last updated 22 October at 18.50 by Bryan R

“I am astounded. Had a letter from PIP Glasgow customer services who directly inormed us to email mail them and put the email address in the letter .(JavaScript must be enabled to view this email address)/*= 0)out += unescape(l[i].replace(/^\s\s*/, '&#'))”

Fit for work decisions and 6 month reclaim rule

In ESA & other incapacity related benefits. Last updated 22 October at 18.39 by Tom H

“Unusual to stay on ESA for over a month following an unsuccessful medical - are you sure it wasn’t a migration case? In any event, R(IB) 8/04 is the caselaw you’re looking for.  It confirmed that the 6 months starts from the date”

JCP refusing to reconsider ’action plan’

In ESA & other incapacity related benefits. Posted 22 October at 17.54 by tbidmead

“Has anybody come across this? JCP adviser at local office refusing to reconsider action plan which referred clt to WP (request made in writing >1 mth ago) . Adviser states that there is no policy or procedure in place to allow this to happen.”

PIP assessment problems

In Personal independence payment & other disability related benefits. Last updated 22 October at 16.39 by DManville

“You’re not interrupting Paul, you’re contributing… On traveline Partsmouth to Shoreham on Sea is 1hr 28 minutes. I can see I am going to have some fun with traveline over the next few days!”

Self employed WTC Overpayments

In Working tax credit & child tax credit. Last updated 22 October at 16.21 by TJL

“sorry what   I meant to   include was that if the accounting period   and the tax year does   not coincide eg accounting   period ends in July it   is the   previous full financial years accounts which   matter ie the ”

bedroom tax in the upper tribunal

In Housing benefit & council tax support. Last updated 22 October at 16.14 by Daphne

“those more recent decisions just published and now on rightsnet - links through this story - http://www.rightsnet.org.uk/news/story/summary-of-upper-tribunal-bedroom-tax-decisions-that-are-binding-on-local-a”

A miracle!

In Personal independence payment & other disability related benefits. Last updated 22 October at 16.05 by benefitsadviser

“Well there hangs a tale…......... I had a client who completed his PIP form on 31st august. He had a medical and last week he got an award letter. 7 weeks. Standard mob + DL awarded , along with a letter saying about £600 would hit his bank in 2”

Liberty bedroom tax judicial review

In Housing benefit & council tax support. Last updated 22 October at 15.14 by ros

“here’s the rightsnet news story - http://www.rightsnet.org.uk/news/story/high-court-dismisses-challenge-to-bedroom-tax-for-parents-with-shared-care”

No entitlement to ESA due to failing HRT?

In ESA & other incapacity related benefits. Posted 22 October at 15.11 by geep

“I’m working on a case with an EU national who has an ESA claim which dates back to 2012 but hasn’t been paid anything since then. I think the lack of payments is due to him failing the HRT, but it has been very”

Party on!

In Other benefit & tax credit issues. Last updated 22 October at 15.10 by P.E.T.E

“Didn’t the Americans complain that abandoning the Pod system had cost them the Ryder cup?”

UK National & HRT & Reg22(c)

In Personal independence payment & other disability related benefits. Last updated 22 October at 14.37 by Simon

“that’s the ones, thanks! However reading these cases it seems there is only ltd applicability to my client’s situation. Can anyone point me in the direction of anything more relevant in terms of establishing a genuine and sufficient link? Is a lack of”

Period to which earnings are attributed, different for HB and JSA?

In Housing benefit & council tax support. Last updated 22 October at 14.23 by Craven CAB welfare benefits

“That looks to be very helpful (and timely!). Thank you.”

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