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welfare rights

30 October

Legislative process for Welfare Reform Act in Northern Ireland will take ‘some 18 months’

Minister for Social Development outlines a package of measures to 'mitigate some of the negative aspects of welfare reform'

DWP confirms that Maximus awarded three year contract to deliver health related assessments including WCAs

Maximus will reduce waiting times without compromising quality, improve quality of assessments and make process more straightforward, says Chief Executive

Prime Minister says that ‘it would not be right’ to give Affordable Homes Bill a ‘money resolution’

Response to question in parliament appears to confirm that government will block Bill introducing exemptions to the bedroom tax

Ministers ‘considering’ cutting the work-related activity component of ESA to just 50p

Internal documents seen by the BBC also reveal that extra staff have been hired to help reduce a backlog of more than 600,000 cases

Benefit cap acccounts for around a quarter of DHPs in London compared to 3 per cent in rest of England

New analysis from London's Poverty Profile also shows that the average award in London was around double the average elsewhere

Tax credits, child benefit and guardian’s allowance appeals in Northern Ireland

New statutory instrument

29 October

Supreme Court rules that Haringey’s consultation on council tax reduction scheme was unlawful

However, court also decides that it would not be proportionate to require local authority to hold a fresh consultation

Maximus to take over Atos contract for delivering work capability assessments

BBC reports that US firm has been awarded contract estimated to be worth £500m over three and a half years

High Court decision on challenge to bedroom tax for parents with shared care of children

New DWP guidance following last week's judgment

Changes to notification period for statutory paternity pay

New statutory instrument aligns notification provisions with those for statutory paternity leave

Shared parental pay for employees who are adopting from overseas.

New statutory instrument

Statutory adoption pay, statutory paternity pay or shared parental pay for those who have baby with help of surrogate

New statutory instrument provides for benefit to be paid to 'parental order parents'

28 October

National Audit Office publishes summary of the DWP’s performance in 2013/2014

Overview focuses in particular on where NAO believes the Department's performance could be improved

27 October

DWP publishes research into ‘ideal customer journey’ for new state pension

Findings of new report intended to provide starting point for DWP teams responsible for designing process

DWP consults on closing partially and fully compliant Child Support Agency cases simultaneously

Changes to Ending Liability scheme to allow 'on system' cases to be closed at the same time as those administered clerically

24 October

Jobseeking process to be made paperless as part of jobcentre ‘digital revolution’

Installation of 'high-tech equipment' at more than 700 sites expected to save millions of pounds a year, says DWP

Government announces intention to temporarily suspend work-related requirements for claimants of universal credit with a child in distress

However, SSAC raises concern that draft regulations are too prescriptive and could create a two-tier approach

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

New DWP guidance

Designation of employment officers for community work placements and the Work Programme

New DWP guidance

23 October

Local authorities detected benefit fraud amounting to £129m in 2013/2014

New Audit Commission report also shows that benefit fraud accounted for 69 per cent of total value of fraud detected

Next page

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

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

More summaries

No main phase payment

In ESA & other incapacity related benefits. Last updated 30 October at 22.41 by Colin Hannon - Welfare Benefits Adviser

“Thanks guys much appreciated , DWP must think we have nothing better to do ”

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

In Income support & JSA. Last updated 30 October at 19.46 by matthewjay

“BrianAIRE - 29 October 2014 04:31 PMHi all, I am currently planning to write to DWP with a number of FoI requests, including: what guidance they are using to evaluate who is asked to do the GPoW assessment, whether this guidance is the same for UK nationals, and”

Another permanent residency query...IS, JSA & HB!

In Income support & JSA. Last updated 30 October at 17.37 by matthewjay

“Could he not claim CA again? Was this stopping linked to the training he was/is doing? I don’t recall there being a RTR requirement for CA.”

exceptional legal aid funding

In Decision making and appeals. Last updated 30 October at 16.59 by Mike Spencer

“It’s for the following three judge panel appeal: CE/783/2014 Secretary of State’s appeal against decision of the First-tier tribunal that the conversion Regs are ultra vires insofar as they provide for the termination of awards of incapacity benefit etc. otherwise than by way”

Shared Lives

In Personal independence payment & other disability related benefits. Last updated 30 October at 16.30 by DManville

“No I think Shared Lives placements are much akin to living in the community as someone’s lodger with Social Services making direct payments. Broadly speaking the 28 day cut off looks at Hpsital/Residential care or similar institution a Shared Lives placement is by no”

bedroom tax in the upper tribunal

In Housing benefit & council tax support. Last updated 30 October at 16.22 by Paul_Treloar_CPAG

“That certainly concurs with the view of our legal officer Mike, re: possible potential future challenges in such circumstances.”

UC and LCW

In Universal credit. Last updated 30 October at 16.18 by stevenmcavoy

“Daphne - 30 October 2014 04:05 PMtook me a while to find the cpag reference and then I realised it’s from 2013/14 edition. I agree it’s not perfectly clear in there but I think you have to go back to the regs Reg 27 says you get an”

Updated Advice for Decision Making (ADM) in HTML

In Universal credit. Last updated 30 October at 15.41 by Paul_Treloar_CPAG

“Nice one, thanks Tim.”

A miracle!

In Personal independence payment & other disability related benefits. Last updated 30 October at 15.09 by MNM

“I’m in Nottingham and all of my clients are still waiting…”

CESA whilst appealing WCA decision

In ESA & other incapacity related benefits. Last updated 30 October at 14.21 by Tom H

“PCLC - 30 October 2014 01:59 PMArrrrgh, my poor brain! Many thanks…... Mine too:)”

Overpayment of Enhanced Disability Premium

In Income support & JSA. Posted 30 October at 13.52 by MarkRingsted

“My client was in receipt of EDP due to his daughter receiving DLA High Mob and High Care. The Care was subsequently reduced to Middle. (2008) he has now received a overpayment letter stating it was his duty to inform IS. Can he win? On the”


In Other areas of social welfare law. Last updated 30 October at 13.38 by P.E.T.E

“Are you going to become “that bloke down the pub told me…...” All the best ”

DWP make challenging a decision a three stage process!

In Decision making and appeals. Last updated 30 October at 13.35 by 1964

“Nothing new there then. Priceless….”

WRAC to be reduced to 50p?

In ESA & other incapacity related benefits. Last updated 30 October at 13.23 by jupe1407

“Impressive. I thought they’d actually run out of ways to kick the poorest in society. Apparently I was wrong.”

Returning to ESA once the SSCS1 has been sent in

In ESA & other incapacity related benefits. Last updated 30 October at 12.07 by 1964

“In my experience it is fairly quick- around 2-3 weeks.”

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