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    PM: Britain’s EU membership dependent on nation states being able to withhold almost all benefits from EU migrants theguardian.com/politics/2014/…
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welfare rights

27 November

Power over disability and carer benefits and elements of universal credit to be devolved to the Scottish Parliament

Smith Commission also sets out new powers for Scotland to create new benefits in areas of devolved responsibility and to make discretionary payments in any area of welfare

Government announces series of measures to further improve support for disabled people and those with health conditions

Whilst improving the WCA is important, we need to do more to help people to stay in or return to work, says Minister for Disabled People

Any overhaul of the WCA should consider whether an assessment of functional capability is the most appropriate means of determining eligibility for benefit

Government publishes fifth and final 'Independent Review of the Work Capability Assessment' carried out by Dr Paul Litchfield

Roll-out of universal credit to claimants with responsibility for children

New DWP guidance

Introduction of enhanced online Digital Service for universal credit claimants

New DWP guidance

Changes introduced by the Universal Credit and Miscellaneous Amendments (No.2) Regulations 2014

New DWP guidance

Changes to regulations which provide that a claimant is eligible for additional amounts of benefit where they are registered as blind

New DWP guidance

Introduction of statutory entitlement to shared parental pay from 1 December 2014

DWP issues new guidance in relation to the Maternity Allowance (Curtailment) Regulations 2014

Shared parental pay for those who work as mariners and those who work on the continental shelf

New statutory instrument

Increases in unpaid council tax come as little surprise to those in local government, says LGA

Government cuts to funding for council tax support have left councils with little option but to reduce discounts for people on low incomes

26 November

Benefit sanctions are risking the safety of vulnerable people, says Welsh Communities Minister

Minister highlights that the number of people in Wales who have had their ESA sanctioned has more than doubled over the past year

Delays in processing applications for personal independence payment are 'not acceptable', says Minister for Disabled People

Mark Harper outlines initiatives being undertaken that have meant that assessment providers have quadrupled their output since January 2014

Introduction of statutory entitlement to shared parental pay

Regulations issued that provide for new rules from 1 December 2014

Deputy Prime Minister calls for benefit restrictions on European Union migrants

Proposals would 'give people confidence in the way our immigration rules work'

‘Reset’ of universal credit has been ‘at significant cost’, says National Audit Office

Vital that the DWP quickly establish clear goals for delivering the programme against which it can be held to account

25 November

Government introduces Fraud and Error Reduction Incentive Scheme for local authorities

New DWP guidance in relation to scheme which will offer financial reward to local authorities who tackle fraud and error in their housing benefit caseload

Scottish local authorities made over 85,000 discretionary housing payments between April and September 2014

New statistics from the Scottish government show that over £40m has been spent or committed

18-21 Work Skills Pilot Scheme introduced for JSA claimants in selected jobcentres

New statutory instrument

'By spring next year one in three jobcentres will be offering universal credit' says Iain Duncan Smith

Additionally six jobcentres in the north west have started taking universal credit claims from families

24 November

JSA claimants more likely to be sanctioned for not attending the Work Programme than to get a job through it

New 'state of the nation' report from Joseph Rowntree Foundation also highlights 'dramatic change' in who is most at risk of poverty

Next page

14 November

CSDLA/315/2014 — Need to establish grounds for supersession before considering a higher award of DLA, and the effect were regulation 12(1A) to be found ultra vires — [2014] UKUT 432 (AAC)

Commissioner / Judge: May

13 November

CH/1991/2014 — Claimant granted ‘long tenancy’ on exercising ‘right to buy’ not entitled to HB for service charges — [2014] UKUT 431 (AAC)

Commissioner / Judge: Mesher

CI/1306/2014 — Tribunal hearing appeal about reduced earnings allowance must consist of a judge and doctor, unless a direction is made that a judge can sit alone — [2014] UKUT 417 (AAC)

Commissioner / Judge: Ward

CDLA/1034/2014 — Whether autistic child had severe impairment of intelligence and social functioning — [2014] UKUT 426 (AAC)

Commissioner / Judge: Knowles

12 November

CJSA/2775/2013 — Standard written information cannot trigger backdating under regulation 19(5)(d) — [2014] UKUT 430 (AAC)

Commissioner / Judge: Wikeley

CE/3688/2013 — Duties of employers under Equality Act 2010 not relevant to assessment of risk to health if claimant found to not have limited capability for work — [2014] UKUT 428 (AAC)

Commissioner / Judge: Wright

CE/4181/2013 — Whether separate claims are needed for contributory and income-related ESA — [2014] UKUT 480 (AAC)

Commissioner / Judge: Rowland

31 October

CH/4417/2013 — Assessing value of the claimant’s interest in the matrimonial home occupied by his mentally ill wife — [2014] UKUT 427 (AAC)

Commissioner / Judge: Ovey

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

More summaries

UC roll out letter to LA executives - listing 73 new locations for UC to roll out between Feb 2015 - April 2015

In Universal credit. Last updated 27 November at 18.59 by shawn

“there’s a list of part-postcodes for the roll-out to claimants with responsibility for children in the newly published ADM Memo 23/14 .. WA1; WA2; WA3 4 to WA3 7; WA4 and WA5; WA13 0; WA13 9; CH41, CH42, CH43, CH44, CH45, CH46, CH47, CH48, CH49, CH60, CH61, CH62, CH63. https:/”

Lobster Pot - Revisited

In Universal credit. Last updated 27 November at 18.08 by Gareth Morgan

“It’s contradictory isn’t it?  The first thing they say is ” Essentially, a claimant can’t ‘choose’ to return to legacy benefits simply because they want to, however there may be some situations where a UC claimant will then go on to claim”

Can we afford to featherbed our pensioners?

In Pension credit & other benefits for older people. Last updated 27 November at 17.58 by Gareth Morgan

“I’ve been working on a project for the Isle of Man government looking at their whole benefits system.  Some stuff that’s been published illustrates a number of the issues which have been considered. http://www.theguardian.com/money/2014/nov/07/isle-man-government-move-pension-age-74”

Govet response to report on WCA

In ESA & other incapacity related benefits. Last updated 27 November at 17.14 by shawn

“includes announcement re number of new measures next year ‘designed to improve support for those who can work’, including a trial of the claimant commitment for certain ESA claimants http://www.rightsnet.org.uk/news/story/Government-announces-series-of-measures-to-further-improve-support-for-disa ... see also Dr Paul Litchfield’s fifth and”

Insufficient Contributions

In ESA & other incapacity related benefits. Last updated 27 November at 16.48 by Craven CAB welfare benefits

“I was going to say, see CPAG p1557, which says insurance paid in another country can count towards c-ESA if there is a reciprocal agreement (though this seems to be contradicted in the DMG: 070312 ...The various reciprocal agreements which include provisions on IB were not”

Carers- DHP extention for benefit cap -

In Other benefits. Last updated 27 November at 16.33 by tbidmead

“In terms of the DHP, return to the LA, escalate it as far as you can. If it is likely that they will be evicted due to rent arrears, tell the DHP decision maker and clearly explain how the DHP will prevent the LA burdening”

Deductions of OP from non-state pension.

In Pension credit & other benefits for older people. Last updated 27 November at 13.32 by Edmund Shepherd

“Deductions from his occupational pension? I should think that would require a court order. CPAG p.1228 states £10.95 in non-fraud/adpen cases.”

New three - judge panel decision looking at Reg 35 and evidence of WRA

In ESA & other incapacity related benefits. Last updated 27 November at 13.32 by DManville

“I don’t think so and certainly not at CTS. Still not had any notification that they’ve actually appealed yet.”

Tax Credits Late Appeals... Again

In Working tax credit & child tax credit. Last updated 27 November at 12.35 by MrFinch

“Jol - 26 November 2014 02:55 PMUnder the Tax Credit (Notice of Appeal) Regulations 2002 (paragraph 2.374 of Sweet and Maxwell 2013/2014), a notice of appeal must be given in writing; contain sufficient information to identify the appellant and the decision against which the appeal is being made; and be signed”

Descriptors 15 and 16

In ESA & other incapacity related benefits. Last updated 27 November at 12.05 by nevip

“wr4 - 25 November 2014 11:01 AM@nevip That would be really useful, thanks for your help. I can’t find the case I was looking for.  However, I wouldn’t worry too much about citing case law.  Series separated by semi-colons with an “or” between”

Can’t find a Commissioner’s Decision

In Income support & JSA. Last updated 27 November at 12.02 by Patrick Joseph Hill

“I say thank you, my Boss says thank you, my sister says thank you, my… oh dear I can get very silly.  Thank you anyway Shawn.  Again, “Rightsnet” does the job. Patrick”

Scotland’s revenge: The death of UC?

In Universal credit. Last updated 27 November at 11.13 by shawn

“here we go ... Power over disability and carer benefits and elements of universal credit to be devolved ... ... and new powers for Scotland to create new benefits in areas of devolved responsibility and to make discretionary payments in any area of welfare http://www.rightsnet.org”

PIP appeal

In Personal independence payment & other disability related benefits. Last updated 27 November at 10.52 by JayKay

“The reasons for allowing the claim at the standard rate refer to evidence submitted - so that part certainly wasn’t copied and pasted Maybe the statement about it not meeting her expectations was”

Universal Credit Panto in Early Stages of Production

In Universal credit. Last updated 27 November at 10.15 by Mike Hughes

“Gareth Morgan - 26 November 2014 08:42 PMall together now, “it’s behind…” “Oh no it isn’t!”... The rituals and stereotypes of pantomime do seem horribly appropriate. A dame; a cross dresser; an ugly sister; a go-between. Come on Rightsnet. You know what to do… Any characters”

Linking an undiagnosed physical symptom to their mental health

In ESA & other incapacity related benefits. Last updated 27 November at 9.48 by JoeBondBoard

“Yeah regs 29 and 35. The headaches occur 3/4 times a week and they last between 6 and 12 hours each time. Descriptor 1 might be met as he cannot mobilise with the headaches however the headaches are not brought on by mobilising…so I don’t know. Descriptor 8 maybe as”

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