Welfare rights news and case law

5 January, 2017

Set aside rules for Upper Tribunal decisions do not permit challenges to the substance of the decision or taking account of procedural irregularities in the First-tier Tribunal

CA/2920/2016

4 January, 2017

Any walking which is slow but nevertheless carried out within a 'reasonable time period' should not be taken into account when applying the 'acceptable standard' criteria

CPIP/2292/2016

3 January, 2017

Activity 9 refers to a claimant’s ability to engage in ‘social situations’

CPIP/2685/2016

3 January, 2017

Need for aid or appliance to either dress or undress is sufficient for descriptor 6b / ability to put on slip-on shoes but not shoes with fastenings does not score points

CPIP/772/2016

23 December, 2016

Required period is made of two periods - a retrospective one and a prospective one / an advance claim can only succeed if the 50 per cent rule is met for the retrospective period

CPIP/2504/2016

23 December, 2016

Tribunals need not consider other grounds of supersession if decision is changed on basis of new medical evidence

CPIP/1123/2016

23 December, 2016

Planned reviews of existing PIP awards can be started for any reason but grounds must be provided if award is superseded

CPIP/1623/2016

22 December, 2016

DHPs for benefit capped claimants who have a managed payment to landlord

New housing benefit guidance

22 December, 2016

Universal credit taper could be manipulated in the future to bring ‘progression into the system’

In addition, in his final speech as Minister for Welfare Reform, Lord Freud acknowledges that the DWP 'lost control' of its systems due to its outsourcing of IT

22 December, 2016

Presumption and rebuttal in relation to prescribed diseases for industrial injuries disablement benefit purposes

New DWP guidance

22 December, 2016

Uprating of figures for council tax reduction schemes for 2017/2018

New statutory instrument

22 December, 2016

Having warned claimant of risk of her award being reduced on appeal, tribunal can rely on representative to advise on the appropriate action

CPIP/1423/2016

22 December, 2016

Woman who was not married to her deceased partner is not entitled to widowed parent’s allowance

[2016] NICA 53

21 December, 2016

Frank Field writes to Work and Pensions Secretary seeking major overhaul of the bedroom tax

Letter includes proposal to change the size criteria so the bedroom tax only applies to households with two or more spare rooms

21 December, 2016

Lord Henley appointed as Parliamentary Under Secretary of State at the DWP

Government announcement

21 December, 2016

Scottish Government announces £1 million to develop newly devolved employment services

Work First Scotland and Work Able Scotland will look to use 'new and innovative approaches' to join up different services

21 December, 2016

New-style ESA and JSA and the effects of changes to collection and payment of Class 2 contributions

New DWP guidance

21 December, 2016

Housing benefit administration subsidy arrangements

New DWP guidance

21 December, 2016

Meaning and scope of therapy in activity 3 prior to March 2017 amendments / limitations making budgeting decisions may result from sight, memory or reading difficulties

CPIP/721/2016