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welfare rights

Today — last updated 15:18

Transgender woman's claim for state pension at 60 refused as she did not have a full gender recognition certificate

Court of Appeal finds that claimant could not be recognised as a woman as she refused to have previous marriage annulled

Impacts of tax and welfare reforms are more negative for families containing at least one disabled person

New report from Equality and Human Rights Commission also finds that women lose out compared to men

30 July

Residence requirements in council tax reduction scheme ruled unlawful on six grounds

New High Court judgment means 3,600 people in Sandwell refused a reduction because of the rule will be entitled to their money back

Changes to universal credit gateway conditions

New DWP guidance

HMRC extends deadline for tax credit renewals

Due to industrial action planned for this week renewals can now be made up to 6 August

'Suitable management and prioritisation by social landlords' should allow many affected by bedroom tax to downsize

Lord Freud also tells House of Lords that the 19,000 that have already downsized is 'broadly within the bounds' of the Impact Assessment sensitivity analysis

29 July

Government needs to work more closely with charities and service users when designing welfare to work contracts, says NCVO

Front-line charities are in an excellent position to help people furthest away from the job market to gain skills, experience and confidence to help them towards and into employment

Benefits for EU migrants to be ‘cut off’ after 3 months, says Prime Minister

In response, Shadow Home Secretary says 'we need less talk and more action'

25 July

Government ‘unable’ to accept call for cumulative impact of welfare reform

Responding to the Social Security Advisory Committee, Lord Freud says cumulative impact analysis should be 'treated with caution'

23 July

DWP's appeal against requirement to publish names of companies involved in employment programmes is dismissed

Upper Tribunal finds no error of law in decision of First-tier Tribunal and directs that the order must now be complied with

Government needs to undertake a fundamental redesign of the ESA end-to-end process, say MPs

New Work and Pensions Committee report also advises that 'rebranding' the assessment by appointing a new contractor will not solve problems

DWP to carry out data matching exercise between HMRC's Real Time Information and six social security benefits

New guidance to local authorities on project that is expected to identify 300,000 overpayments, with 223,000 of those relating to housing benefit only cases

Improving take-up of means tested benefits would make major contribution to poverty reduction, says Inclusion

New report also finds that most significant factor associated with non take-up is level of knowledge about entitlement, highlighting value of access to welfare rights advice

Bill disqualifying non-UK citizens from the EU from entitlement to child benefit introduced to House of Commons

Private Member's Bill expected to receive second reading on 6 March 2015

State pension to increase by 5.8 per cent for each year deferred by those reaching pension age from April 2016

Written statement to parliament from Pensions Minister

Effects of treatment and the medical assessment of chronic bronchitis and emphysema for industrial injuries benefit purposes

New Industrial Injuries Advisory Council report recommends that effects of treatment should not be taken into account in assessments for prescribed disease PD D12

22 July

Government consultation on PIP mobility criteria was not unfair or unlawful

New High Court judgment

Settling tax credit appeals by agreement between HMRC and the appellant with no need for a determination by a tribunal

New statutory instrument

Reform of EU migrant benefit rules needed, says government

Without change, 'legitimate public concern is likely to significantly undermine support for the principle of free movement'

Independent Review finds that improvements needed to sanctions system, particularly for vulnerable claimants

Areas of concern include that letters 'complex and difficult to understand' and that claimants concerns being passed 'from pillar to post', with little hope of resolution, due to lack of information sharing

Next page

Today — last updated 8.51

CH/999/2014 — Decision notice written in lay terms was not defective — [2014] UKUT 220 (AAC)

Commissioner / Judge: Lane

CE/2766/2013 — Misleading information in appeal leaflet — [2014] UKUT 224 (AAC)

Commissioner / Judge: Wikeley

CE/4739/2013 — Ability to work at home not relevant to application of ESA regulation 29 — [2014] UKUT 241 (AAC)

Commissioner / Judge: Wikeley

30 July

CH/249/2014 — Council can pay HB direct to landlord even if claimant has no family living with him — [2014] UKUT 242 (AAC)

Commissioner / Judge: Mark

CDLA/4384/2013 — Unacceptable delay in providing statement of reasons; inadequate assessment of mental health problems and need for assistance with wheelchair — [2014] UKUT 222 (AAC)

Commissioner / Judge: Mark

CE/4305/2013 — Tribunal failed to properly assess claimant’s mental health problems and apply ESA regulations 29 and 35 — [2014] UKUT 240 (AAC)

Commissioner / Judge: Mark

11 July

CH/2605/2013 — Whether a local authority's error to ask a relevant question on the standard claim form amounted to official error — [2014] UKUT 201 (AAC)

Commissioner / Judge: Wikeley

2 July

CH/2413/2013 — Need to clearly distinguish between actual and notional capital, and establish proper evidential basis for adverse credibility finding against claimant — [2014] UKUT 212 (AAC)

Commissioner / Judge: Wikeley

CIS/2411/2013 — Need to clearly distinguish between actual and notional capital, and establish proper evidential basis for adverse credibility finding against claimant — [2014] AACR

Commissioner / Judge: Wikeley

CE/4405/2013 — Circumstances in which an appeal lapses / when regulation 29 should be considered in ESA appeals — [2014] UKUT 208 (AAC)

Commissioner / Judge: Levenson

30 June

CTC/4246/2012 — Backdating a claim for tax credits — [2014] UKUT 221 (AAC)

Commissioner / Judge: Ovey

CE/2722/2013 — Appeal against termination of contributory ESA after 365 days on grounds that claimant should be in support group — [2014] UKUT 203 (AAC)

Commissioner / Judge: Wright

26 June

CSE/859/2013 — Consumption of alcohol does not, in itself, amount to disinhibition — [2014] UKUT 188 (AAC)

Commissioner / Judge: May

19 June

CSTC/224/2014 — Whether a 'submission' is the same as a 'document' for the purpose of rule 7(3) of the Tribunal Rules — [2014] UKUT 224 (AAC)

Commissioner / Judge: May

16 June

CH/1445/2013 — Whether it was discriminatory to treat a pension paid by the Netherlands in compensation for victims of national socialist persecution differently to similar schemes paid by Germany and Austria — [2014] UKUT 187 (AAC)

Commissioner / Judge: Williams

CSE/141/2014 — Whether a tribunal should adjourn to allow a claimant with mental health problems to get a representative — [2014] UKUT 218 (AAC)

Commissioner / Judge: Agnew

11 June

CE/3893/2013 — Procedure for dealing with applications for leave to appeal to the Upper Tribunal — [2014] UKUT 167 (AAC)

Commissioner / Judge: Gray

CF/3973/2013 — Whether HMRC could show misrepresentation when the claim forms had been destroyed — [2014] UKUT 199 (AAC)

Commissioner / Judge: Wikeley

CH/1241/2013 — Fuel allowance for travel to and from new place of work counts as income for housing benefit — [2014] UKUT 172 (AAC)

Commissioner / Judge: Williams

10 June

CH/2186/2013 — Person not a ‘worker’ or self-employed for purposes of EC Directive 2004/38 on basis of being a carer in receipt of carer’s allowance — [2010] UKUT 154 (AAC)

Commissioner / Judge: Ward

More summaries

cumulative impact of welfare reform

In Other benefit & tax credit issues. Last updated today at 17.43 by 1964

“shawn - 31 July 2014 04:26 PMwhilst Lord Freud has said, in response to SSAC’s call for a cumulative impact assessment of welfare reform, that - ‘We agree that cumulative impact analysis can be useful in some cases ... [but] it is not possible to break down ... results”

wolverhampton postcodes

In Other benefit & tax credit issues. Last updated today at 17.41 by 1964

“Clearly the Golgafrincians are still alive & well… Next time I ring the contact centre I shall ask for my enquiry to be elevated to the hybrid cloud agility platform and see what happens.”

Refusal to postpone hearing - I am absolutely fuming !!

In Decision making and appeals. Last updated today at 17.39 by 1964

“Did your client indicate the school summer holiday dates as unavailable dates? If not, it makes it a little more difficult (though please don’t think I don’t sympathise. I’ve found that persuading TS to postpone hearing these days is well nigh impossible”

Drivel from HMRC justifying a ’living together’ decision

In Working tax credit & child tax credit. Last updated today at 16.59 by Chris Connolly

“My client recently offered to take a medical test to prove that she had not had sex with her ex-partner (of 15 years ago) nor anyone else for the last decade. I gave evidence myself to the effect that I had nerver seen any sign of”

Should a client have to apply for PIP when his DLA renewal form is lost in the post?

In Personal independence payment & other disability related benefits. Last updated today at 16.35 by iut044

“Read from post 3 in this thread.  In addition, you need to get the department to put the decision in writing.  After they have done this, in the letter ask to appeal but state that they can treat the request as a mandatory reconsideration”

Cumulative impact assessment pantomime

In Other benefit & tax credit issues. Posted today at 16.26 by Paul_Treloar_CPAG

“the curtain parts…. SSAC - “you could do a cumulative impact assessment on welfare reform mr freud”.... DWP - “oh no we couldn’t!!!!”..... EHRC - “oh yes you can!!!!”....... repeat to fade…. ”

Winder and Ors v Sandwell

In Housing benefit & council tax support. Last updated today at 16.20 by MrFinch

“I’m a bit bemused at the VT’s idea that it can’t investigate the vires of aspects of a local scheme. This does not seem consistent with authority in other fields of the law (Boddington in the criminal law, and various cases in”

Arrears of Carer’s Allowance

In Housing benefit & council tax support. Last updated today at 16.20 by Paul_Treloar_CPAG

“Thanks very much for that.”

underlying entitlement offsetting overpayment when fleeing violence

In Housing benefit & council tax support. Last updated today at 16.12 by HB Anorak

“In this situation it’s not a backdate that she needs but a revision of the decision to end her HB.  Presumably that decision has been made fairly recently.  Even if she is outside the normal one month time limit to challenge it”

trying to speed up an esa assessment

In ESA & other incapacity related benefits. Last updated today at 15.00 by DManville

“acg - 31 July 2014 09:37 AM Ta much!”

dwp looking for feedback from rightsnet users

In Universal credit. Last updated today at 14.25 by Steve_h

“What a wonderful idea, I can’t see what the fuss is all about If I don’t feel well, I just have to tell them and I will still get paid They will even pay all the childcare costs if I do get a”

PIP date of claim... lazy welfing

In Personal independence payment & other disability related benefits. Last updated today at 13.18 by Andyp4

“Dan are you thinking of Regulation 8 (2) holds that, ‘Where information or evidence is requested under paragraph (1), C must provide the information or evidence to the Secretary of State within one month from the date of the request being made or within such longer period as”

British Citizen returning from South Africa ...

In Income support & JSA. Last updated today at 12.27 by Robin Goodfellow

“Thank you all, most useful ...”

Is Lord Freud the most complacent man in history?

In Housing benefit & council tax support. Last updated today at 12.04 by hbinfopeter

“I think you all misunderstand. Like the wonderful Universal Credit that is changing the life of millions of the poor, it is all working well and everything is under control and IDS and Lord Freud know best and all the hundreds of millions of pounds”

Evidence lacking for Government’s proposed reforms to judicial review

In Decision making and appeals. Last updated today at 11.22 by nevip

“There was a debate on the Criminal Justice and Courts Bill in the Lords yesterday.  Of interest was an amendment to clause 67 moved by Lord Pannick.  Clause 67 concerns third party costs orders in judicial review cases in the High Court and Court of”

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