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welfare rights

30 September

Just over 26,000 people made claims for universal credit in period up to 11 September 2014

New DWP statistics

29 September

Neil Couling appointed as Senior Responsible Officer for Universal Credit

Work and Pensions Secretary announces that current Head of Jobcentre Plus to take over from Howard Shiplee

Iain Duncan Smith announces acceleration of universal credit roll-out

Speech to Conservative Party conference also announces introduction of Jobcentre Plus support for 15 year olds and trials of prepaid cards to stop benefit income being spent on drugs or alcohol

Conservative Party signals further cuts to welfare spending

Prime Minister and Chancellor say that, if elected in 2015, they would reduce benefit cap, cut benefits - including housing benefit - for young people and freeze working age benefits for two years

26 September

Work and Pensions Secretary welcomes new Work Programme figures

According to the DWP, scheme has helped more than 15,000 unemployed people in Wales find ‘lasting work’

Summary of Upper Tribunal bedroom tax decisions that are binding on local authorities

New DWP guidance to local authorities

Universal credit ‘undeliverable’ within its original timetable, says Sir Bob Kerslake

According to the former head of civil service, the prevailing 'culture of good news' in the DWP has prevented this being recognised

Establishing whether an EEA national is or was a 'worker' or 'self-employed person' for the purposes of IS, ESA and PC

New DWP guidance

25 September

SSAC calls on government to examine balance between welfare benefits for employees and the self-employed

New report also says that government working group should be established to address concerns about universal credit for self-employed claimants

Biggest increase in council tax arrears and court costs where council tax support has been cut the most

New research by the New Policy Institute also finds that the collection rate in England has fallen for only the second time since council tax was introduced 20 years ago

Legal Aid Agency awards no Exceptional Case Funding for welfare benefits cases in 2013/2014

New statistics also show that there was a total of 149 welfare benefits legal help matters started and civil representation certificates granted in that period

24 September

Northern Ireland Assembly votes against motion condemning UK government’s welfare reforms

Motion defeated by 54 to 36 as Northern Ireland Executive fined £87m for failure to pass Welfare Reform Bill

23 September

Increase in number of waiting days for JSA and ESA from three to seven in Northern Ireland

New statutory rule introduces increase from 27 October 2014

Data matching exercise between HMRC’s Real Time Information and housing benefit departments

New DWP guidance to local authorities on initiative that will target around 223,000 housing benefit cases between October 2014 and February 2015

22 September

Repeal of bedroom tax ‘can’t come soon enough’, says Rachel Reeves

Shadow Work and Pensions Secretary also tells party conference that Labour will deliver real reform of work capability assessment, with disabled people given 'clear rights and a real say'

Shadow Chancellor sets out Labour Party’s welfare priorities

Today's speech to party conference outlines measures including cap on increase in child benefit to one per cent for two years and further restrictions on benefits for people from abroad

19 September

DWP to share information with social landlords for tenants claiming universal credit

DWP launches consultation on draft regulations

DWP collecting evidence of which welfare reforms are affecting successful DHP claimants

New housing benefit guidance

Personal budget payments for children with special educational needs disregarded for purposes of housing benefit

New DWP guidance

Student disregards for books, equipment and travel frozen for the fifth consecutive year

New HB guidance also advises that higher permitted work disregard to increase from 1 October 2014 due to rise in national minimum wage

Next page

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

5 September

CH/2530/2013 — Whether a local authority has jurisdiction to revise or supersede a decision that has been dealt with by a First-tier Tribunal. — [2014] UKUT 277 (AAC)

Commissioner / Judge: Wright

4 September

CE/4094/2013 — Tribunal should consider regulation 29 if evidence suggests that it may apply — [2014] UKUT 303 (AAC)

Commissioner / Judge: Gray

1 September

CE/4095/2013 — Consideration of Med 3 when assessing if claimant satisfies regulation 29 — [2014] UKUT 278 (AAC)

Commissioner / Judge: Ward

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

More summaries

DLA -> CTC dis child elements systemic problem

In Working tax credit & child tax credit. Last updated today at 9.10 by Julie Stuart

“They seem to be inconsistent with this then.  I can think of at least 2 cases where client’s have had WTC in payment at the point when they are off sick on SSP where their WTC has been increased on award of high rate”

Are DWP no longer issuing ESA50 forms?

In ESA & other incapacity related benefits. Last updated 1 October at 21.29 by MaggieB

“Just a warning, we’ve had two clients this week who have had backdated lump sums (one on assessment phase rate for 10 months and the other who challenged a 6 month JSA sanction) both were referred to debt management to consider whether the lump sums should”

HB/CTB/IS overpayment + Underlying entitlement recovery of Overpayment

In Housing benefit & council tax support. Last updated 1 October at 18.23 by watem

“Still struggling with this one and dont fully understand why! Something just makes no sense. £18,314 IS OP IS, £26,259 HB OP and £3,933 CTB OP, therefore total of £48,507k to be repaid by client because he had £45k Capital? IS, HB, and CTB claims suspended in 08/2012 when”

Review of DLA Results in increased award but 6 months hence.

In Personal independence payment & other disability related benefits. Posted 1 October at 18.17 by Lawtcrav

“Recently, I have had 2 cases where I applied for reviews, which have resulted in increases but from 6 months after the date of the review request. Also other advisors have experienced similar. Mandatory reconsiderations have been requested. There is no logic to these awards apart from”

Income Support puzzle

In Income support & JSA. Last updated 1 October at 17.36 by Paul_Treloar_CPAG

“p.27 WBH 2014/15 you are entitled to IS if you are entitled to SSP (Sch.1B para 7(d) IS Regs 1987)”

DWP make challenging a decision a three stage process!

In Decision making and appeals. Last updated 1 October at 17.31 by Daphne

“further to what neil says, we have identified, to aid DWP, that the policy was authored by a worker at York JCP which would explain its origin at a meeting up there”

EU Lone Parent & IS Claim - Help

In Income support & JSA. Last updated 1 October at 16.10 by nevip

“From Post 15. “If a non-British EEA former worker whose British child is in education, both of whom have moved within the EEA, did not have a right to reside, would this not deprive the British child of the useful effectiveness of their rights in exactly”

HMRC grant funding opportunities

In Advice sector policy issues. Posted 1 October at 15.34 by shawn

“HMRC has £2 million funding to allocate in 2015 to 2016 for voluntary and community sector organisations to provide advice and support to customers who need extra help understanding and complying with their obligations and claiming their entitlements. The closing date for applications is 31 October 2014. More info @ https:/”

HMRC appeals timescales

In Working tax credit & child tax credit. Last updated 1 October at 15.13 by JohnnyM

“HMRC eventually stated the appeal was made out of time. I applied to HMCTS to ask for it to be admitted. In Aug a Tribunal Judge directed it should be treated as being in time and may proceed. hurray!! I then got a letter from”

UC to be accelerated?

In Universal credit. Last updated 1 October at 11.06 by Ben E Fitz

“Typical DWP double-speak! Partial roll-out trumpeted as full roll-out. What a surprise, the DWP releasing misleading statements! ”

Edinburgh WCAs

In ESA & other incapacity related benefits. Last updated 1 October at 9.38 by seand

“Interesting Terry I’ve had clients tell me that York Place is closed now, but I just assumed they were getting mixed up with PIP assessments…”

every day objects as aids

In Personal independence payment & other disability related benefits. Last updated 1 October at 8.53 by P.E.T.E

“Billy My wife is a great aid, I’d be lost without her.”

esa new condition

In ESA & other incapacity related benefits. Last updated 30 September at 15.56 by DManville

“regulation 5… where paragraph 2 applies (1)... the assessment phase… (1)(a) begins on the first day of the period for which the claimant was previously entitled to ESA (2)(b) (i) the current period links to the last period by virtue of reg 145 (yes it does)       ... ”

GPoW Assessment for EEA nationals asserting a right to reside other than jobseekers/retained workers

In Income support & JSA. Last updated 30 September at 14.27 by Cordelia

“I was trying to keep it simple but its not.  She had already claimed Income Support and been refused it by the time she contacted me.  I am not entirely sure what the outcome of the GPoW was, the letter from JSA said”

Blank PIP2

In Personal independence payment & other disability related benefits. Last updated 30 September at 9.01 by Pete C

“Reg. 11 (1) (a) of SI 2013/380 says that that a claim for PIPS must be made in writing on a form ‘authorised by the Secretary of State for that purpose and completed in accordance with the instructions on that form’ and I wonder if the absence of”

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