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welfare rights

29 August

Over a third of working parents cutting back on food to pay their housing costs

New research from Shelter also shows that 13 per cent have put off buying their children new shoes

27 August

Jobcentre plus should be measured on its success in moving people into work, rather than simply off benefits, says Matthew Oakley

Collection of evidence reviews commissioned by the Joseph Rowntree Foundation looks at ways of reducing poverty in the UK

26 August

Local authorities in Scotland make DHP awards totalling more than £28m in period from 1 April to 30 June 2014

Scottish Government advises that spend, which represents more than 80 per cent of yearly allocation, is in recognition of agreement that local authorities can exceed current budget limit ahead of legislation to remove it

22 August

Working families will suffer twice the level of benefit losses as out of work families by 2016/2017

New analysis commissioned by the TUC also shows that pensioner families will lose out

20 August

WCA and Work Programme ‘far from satisfactory’ for people with mental health problems, says IPPR

New report argues that reforms to improve participant experience, assessment accuracy and employment support are 'urgently needed'

19 August

Public Accounts Committee concerned that universal credit 'reset' was an 'attempt to keep information secret and prevent scrutiny'

New report on Major Projects Authority also finds that it should publish more information and publish it more frequently, even if this means reviewing government's transparency policy

Less than 5,000 of almost 120,000 families in troubled families programme achieve 'continuous employment' result

New figures also show that more than 48,000 achieved prescribed education and crime/anti-social behaviour results, leading to total of nearly 53,000 families 'turned around'

Troubled families programme to be expanded to help children aged under five

Government also says that 300 DWP employment advisers will give 'intensive support to whole families' and track progress made to get them into jobs

18 August

Iain Duncan Smith given 'personal responsibility' for delivering all of government's relationship support policy

David Cameron also announces that troubled families programme to be extended to additional 400,000 families over course of next Parliament

Centre for Social Justice recommends pilot of 'welfare card' for those who refuse to engage in treatment for addiction

New report also suggests that those who take up offer of treatment be placed in ESA support group, with reduction in benefit or sanctions for those who decline treatment or fail to carry out agreed steps

New housing cost verification process to be extended to all live universal credit sites

Change will enable the DWP to inform housing associations at the earliest opportunity that their tenants have made a universal credit claim, reports the National Housing Federation

15 August

Liberal Democrats propose pre-benefit sanction ‘yellow card’

People should get 'fair warning' before their money is taken away, says Work and Pensions Minister

Disability Rights UK sets out 10 point plan for development of an alternative WCA

Response to fifth independent review of the WCA says that there are some 'very obvious improvements' that could easily be made

DWP publishes latest quarterly statistical summary

Figures provide final national statistics on caseloads for all the main DWP administered benefits up to the end of February 2014

14 August

Changes to procedures on notifying local authorities of ESA and JSA sanctions following Oakley Review

New DWP guidance advises that sanctioned claimants being signposted to local authority to avoid housing benefit claims being 'cancelled in error', with long term IT solution to be introduced in Autumn 2014

Attribution of earnings for housing benefit purposes

New DWP guidance following Upper Tribunal decision that earnings should be attributed over period following receipt rather over period for which they are paid

13 August

5.6 per cent of lone parent income support claimants sanctioned in year up to March 2014

New DWP statistics show that 42,900 sanctions applied to 39,600 claimants in that period

More than 100,000 claimants in Scotland will lose some or all of disability benefits by 2018, says Scottish Government

New report finds that introduction of PIP will lead to total reduction in spending of £310m a year by 2017/2018

More than six-fold increase in number of ESA sanctions applied in March 2014 compared to December 2012

New DWP statistics also show that more than one million sanctions applied to JSA claimants since beginning of new sanctions regime

6,570 people on universal credit caseload at end of May 2014

New DWP statistics also show that over six in ten of the caseload are under 25

Next page

29 August

CDLA/643/2014 — Whether a child should be allowed to give evidence or attend a hearing — [2014] UKUT 275 (AAC)

Commissioner / Judge: Jacobs

CE/3939/2013 — The meaning of ‘always’ in descriptor 16(a) - social engagement — [2014] UKUT 268 (AAC)

Commissioner / Judge: Williams

28 August

CE/329/2014 — Tribunal wrong to hold paper hearing after claimant had said she could not attend but wanted husband to represent her — [2014] UKUT 217 (AAC)

Commissioner / Judge: Wright

CPC/2423/2013 — Date of birth should be decided by evidence not assumption — [2014] UKUT 249 (AAC)

Commissioner / Judge: Williams

CTC/1585/2012 — What amounts to ‘ordinarily resident’ in the UK for the purposes of working tax credit — [2014] UKUT 251 (AAC)

Commissioner / Judge: Rowland

27 August

CH/48/2014 — For what period should earnings paid in arrears be attributed for the purposes of housing benefit — [2014] UKUT 368 (AAC)

Commissioner / Judge: West

CE/3183/2013 — Construction and application of ‘social engagement’ descriptors — [2014] AACR

Commissioner / Judge: Three-Judge Panel

CE/1972/2013 — Construction and application of ‘social engagement’ descriptors — [2014] UKUT 352 (AAC)

Commissioner / Judge: Three-Judge Panel

22 August

CH/18/2014 — Meaning of ‘change of circumstances’ in regulation 67(1) of the Council Tax Benefit Regulations 2006 — [2014] UKUT 18 (AAC)

Commissioner / Judge: Mark

CE/146/2014 — Tribunal entitled to use ‘Google maps’ to check distances, but must present evidence to appellant for comment — [2014] UKUT 238 (AAC)

Commissioner / Judge: Jacobs

21 August

CPC/3971/2012 — Available benefits not taken from a personal pension scheme count as notional income for PC purposes — [2014] UKUT 246 (AAC)

Commissioner / Judge: Turnbull

CIS/4325/2013 — Winter fuel payment time limits do not breach EU law — [2014] UKUT 259 (AAC)

Commissioner / Judge: White

20 August

CH/738/2009 — Discrimination against men who are ‘substantial minority carers’ of children in HB rules justified — [2014] UKUT 223 (AAC)

Commissioner / Judge: Wright

CE/54/2014 — Tribunal failed to properly assess evidence relevant to prescribed ‘mobilising’ activity — [2014] UKUT 257 (AAC)

Commissioner / Judge: Wright

18 August

CTC/947/2013 — Claimant not party to appeal about which parent is entitled to CTC cannot challenge decision in the Upper Tribunal — [2014] UKUT 272 (AAC)

Commissioner / Judge: Mark

12 August

CIS/3320/2012 — Whether regulations excluding families with a child under 16 from eligibility to sure start maternity grant were ultra vires — [2014] UKUT 298 (AAC)

Commissioner / Judge: Levenson

7 August

CE/509/2013 — What factors should be taken into account in assessing whether it is reasonable for a person to use a wheelchair — [2014] UKUT 308 (AAC)

Commissioner / Judge: Three-Judge Panel

CE/327/2013 — What factors should be taken into account in assessing whether it is reasonable for a person to use a wheelchair — [2014] UKUT 308 (AAC)

Commissioner / Judge: Three-Judge Panel

5 August

CH/4319/2013 — Meaning of ‘regularly’ in the context of requiring overnight care for bedroom tax purposes — [2014] UKUT 325 (AAC)

Commissioner / Judge: Rowland

1 August

CFP/2769/2013 — Whether to grant relief from the forfeiture rule to a woman precluded from receiving a category B pension due to having been convicted of her husband's manslaughter — [2014] UKUT 237 (AAC)

Commissioner / Judge: Gray

More summaries

Backdated Mesher, Rowlands etc

In Decision making and appeals. Last updated 30 August at 13.47 by Lawtcrav

“The last 5 years”

welfare rights advisers’ survey from the Low Commission

In Advice sector policy issues. Last updated 30 August at 10.56 by Tony Bowman

“Done. Focus is towards MR.”

Person affected and human rights

In Housing benefit & council tax support. Last updated 30 August at 10.07 by Tony Bowman

“Any person can be responsible for fraud, Bryan. In both ss. 111A and 112 SSAA, there is provision for an offence by ‘any person’ - not just the person who signs the claim form. ”

DLA paid to support housing costs, claims IDS

In Personal independence payment & other disability related benefits. Last updated 29 August at 18.22 by Tom H

“Thanks both Pauls for those good points.  Paul T - good to reminded of the history and sound points “against” including DLA. Paul M, thanks for mentioning Fairer Charging as an exception to the rule I mentioned in my third bullet point.  I”

Inclusion of additional info in appeal ppaers by DLA

In Personal independence payment & other disability related benefits. Posted 29 August at 16.35 by TJL

“Client submitted fresh claim then appeal following award then refusal @ previous appeal of DLA to   increase award. Advised   by WRO that challenging previous deciiosn was   not worth pursuing and a fresh claim submitted as condition had worsened.  This was refused and ”

Winder and Ors v Sandwell

In Housing benefit & council tax support. Last updated 29 August at 14.12 by nevip

“This is not going away. http://nearlylegal.co.uk/blog/2014/08/waiting-wait/”

Commode and DLA/AA/PIP

In Decision making and appeals. Last updated 29 August at 13.49 by Lawtcrav

“Thanks Phil”

DLA child claims- MR delays

In Personal independence payment & other disability related benefits. Last updated 29 August at 13.31 by tbidmead

“Peter Turville - 20 August 2014 01:06 PMWe were advised today by DLA that officially claimants are currently being advised 18 weeks for an MR in the case of a child but in paractice we should expect it to take 26 wks due to the overwhelming number of cases awaiting”

HB overpayment due to winning ESA appeal and backdated money

In Housing benefit & council tax support. Last updated 29 August at 13.27 by Neil

“Hi all I think I have the full answer thanks to Tony’s reference to CH 943 2003, the decision I was thinking off was Commissioner Howells CH 5485 2002 as ref in CH 943 2003. I affect CH 943 2003 fully supports my arguement, in that if the Tribunal changes the DM”

Civil Penalty notice - Can anyone describe this in words commensurate with the acceptable use policy? I can’t.

In Other benefit & tax credit issues. Last updated 29 August at 13.14 by nevip

“I’d write to the DWP solicitors asking them to try to have the sentence removed from all future letters.”


In Personal independence payment & other disability related benefits. Last updated 29 August at 12.52 by Daphne

“in the correct section now :)”

Refusal to set aside a decision when client could not attend hearing due to hospitalisation....

In Decision making and appeals. Last updated 29 August at 12.46 by Edmund Shepherd

“@ Paul I’m inclined to agree with you. It depends on the circumstances. For example, I work Monday to Friday. Where a tribunal is scheduled for a Saturday, I can’t attend. I think there is a significant difference between immediately requesting a postponement on”

Localtion of PIP medical assessments

In Personal independence payment & other disability related benefits. Last updated 29 August at 12.44 by Tony Bowman

“Mark Buckley - 29 August 2014 11:16 AMIs it worth using the DWP complaints process? Yes! Always. It is very significantly under-used - unlike the telephone. Complaints are (should be) counted. But it does have it’s own problems which are variable from one region/person to another: ”

Child Benefit for Child living in other EU country

In Other benefits. Last updated 29 August at 12.32 by Edmund Shepherd

“If it’s relevant, I believe one can apply for credits if NIC during periods spent on SSP even if your earnings are < LEL.”

Making a complaint in writing to the DWP

In Advice sector policy issues. Last updated 29 August at 11.57 by Daphne

“sorry - only just seen this thread as I was away when it started. The lack of information about how to raise a complaint is something we raised at Operational Stakeholders and they are supposed to be revising the website with useful things such as”

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