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Welfare rights news
22 February
Local housing allowance rates to be frozen for one year from April 2012
New HB guidance
Reciprocal agreements and the transition from incapacity benefit to employment and support allowance
New statutory instrument
Role and impact of bereavement benefits
New DWP research report recommends removing regular payment and replacing it with larger lump sum to be paid in instalments
Second Lords Welfare Reform Bill amendment on ‘bedroom tax’ overturned in Commons
Government says it cannot afford the £100m the amendment would cost
21 February
332,000 claimants accepted on to Work Programme from June to October 2011
New DWP statistics also show that, of those, 94.6 per cent were on jobseeker's allowance and 5.1 per cent on employment and support allowance
Work experience scheme is not a labour replacement exercise, says Chris Grayling
Minister for Employment defends scheme in light of 'bad headlines'
20 February
MPs caution that mistakes with WCA should not be repeated with PIP
New Work and Pensions Committee report says that new benefit should not be introduced nationally until government has satisfied itself that assessment is empathetic and accurate
DWP launches online social justice survey to find out how it can 'help support the work of local organisations'
Department says it is particularly interested in hearing from people working in the voluntary, community or charity sector
Tesco asks government to remove sanctions from work experience scheme
Supermarket chain responds to public concern that it is profiting from use of jobseekers as subsidised labour
Requiring jobseeker's allowance claimants who have just been released from prison to enter the Work Programme
New statutory instrument
17 February
DWP proposes no time limit on compulsory work experience for people in work related activity group
Mental health professionals and disability groups express concern that people with serious health problems face unlimited unpaid work or sanctions
16 February
24,010 claimants referred for mandatory work activity between May and November 2011
New DWP statistics also show that 34,200 claimants referred for work experience between January and November 2011, with differences in gender and racial backgrounds of those referred to each scheme
Sanction of up to two weeks for jobseekers who fail to attend interviews or appointments in Northern Ireland
New statutory rule
15 February
Whether group home for people with learning disabilities counted as ‘sheltered accommodation’
New Court of Appeal decision
Government loses further vote on ‘bedroom tax’ in House of Lords
However DWP says that Welfare Reform Bill amendment will be reversed in Commons
14 February
Whether overpayment recovery decision violated claimant’s human rights
New judgment from the European Court of Human Rights
Employers to be paid for every 18–24 year old they employ from the Work Programme
Wage subsidy will encourage employers to take a chance on a young person, says Work and Pensions Minister
How government programmes can most effectively and efficiently enable unemployed people to enter sustainable self-employment
New research published by the Department for Business, Innovation and Skills
Welfare Reform Bill returns to the House of Lords
Prolonged 'ping pong' between Lords and Commons still possible, despite government having cited 'financial privilege'
10 February
Whether landlord entitled to appeal against housing benefit decisions in respect of former tenants
New Court of Appeal decision
Up to £2.93bn in pension credit unclaimed each year
DWP concerned that more than a million pensioners could be missing out on up to £137 per week, and related cold weather payments
DWP consults on mandatory consideration of revision before appeal
New system, designed to deliver 'timely, proportionate and effective justice for claimants', to start from April 2013
Flat rate introduction year for purposes of calculating additional state pension in Northern Ireland
New statutory rule
9 February
MPs question decision to award five Work Programme contracts to A4E despite 'abysmal' performance on Pathways to Work
However, DWP tells Public Accounts Committee that it was not possible to look at past performance of companies who had previous welfare to work contracts
8 February
DWP research shows backlog of more than four months in work capability assessments
Research also show that 35,000 people who applied for ESA before May last year are still waiting to be assessed
Briefcase
21 February
CE/343/2011 — Risk to health in being found capable of work / application of Charlton — [2011] UKUT 416 (AAC)
Commissioner / Judge: Poynter
15 February
CDLA/86/2011 — Amendment of statement of reasons in response to leave to appeal application / use of Medical Research Council’s dyspnoea (or breathlessness) scale — [2011] UKUT 453 (AAC)
Commissioner / Judge: Poynter
9 February
CJSA/2621/2011 — Right to reside / whether worker registration certificate was retrospective to start of employment — [2011] UKUT 452 (AAC)
Commissioner / Judge: Ward
CIB/837/2011 — Hearing descriptor / whether need to ask for occasional repetition in order to undertand someone in busy street meant that descriptor 11(e) satisfied — [2011] UKUT 434 (AAC)
Commissioner / Judge: Turnbull
CSJSA/563/2011 — Right to reside and self-employment — [2011] UKUT 477 (AAC)
Commissioner / Judge: Gamble
8 February
CH/1122/2010 — Council tax benefit / need for parties to co-operate generally with tribunal — [2010] UKUT 429 (AAC)
Commissioner / Judge: Wikeley
6 February
CIB/147/2011 — Whether tribunal shoud have adjourned to obtain medical evidence where IB papers lost / burden of proof on Secretary of State to show grounds for supersession — [2011] UKUT 389 (AAC)
Commissioner / Judge: Parker
3 February
CE/428/2011 — Whether HCP's report should be preferred to claimant's evidence / descriptor 19 for claimant suffering weekly panic attacks — [2011] UKUT 386 (AAC)
Commissioner / Judge: Ovey
CI/2599/2010 — Reduced earnings allowance / whether claimant's existing disablement assessment meant that incapacity for regular occupation arose from industrial accident — [2011] UKUT 383 (AAC)
Commissioner / Judge: Lane
CDLA/2174/2010 — Whether failure by tribunal clerk meant that tribunal decision wrong in law / whether tribunal justified in holding paper hearing where claimant had said would only attend as observer — [2011] UKUT 388 (AAC)
Commissioner / Judge: Parkes
1 February
CIB/419/2011 — Weight to be given to WCA report by registered nurse — [2011] UKUT 385 (AAC)
Commissioner / Judge: Ovey
25 January
CIS/2249/2010 — Burden of proof on Secretary of State to show that son living with claimant / tribunal duty to consider adjournment — [2011] UKUT 387 (AAC)
Commissioner / Judge: Parker
CDLA/3194/2009 — Importance of ensuring that case-management directions carefully, and accurately, drafted — [2011] UKUT 320 (AAC)
Commissioner / Judge: Rowland
24 January
CDLA/463/2011 — Need for tribunal to be clear on Secretary of State’s grounds for supersession of existing award — [2011] UKUT 414 (AAC)
Commissioner / Judge: Rowland
23 January
CIS/102/2011 — Cohabitation / tribunal's reasons for finding claimant's account implausible / whether marriage valid — [2011] UKUT 335 (AAC)
Commissioner / Judge: Rowland
CPC/3150/2008 — Whether claimant had right to reside as dependant of daughter who was dual UK and Polish national / ECJ decision in McCarthy — [2011] UKUT 382 (AAC)
Commissioner / Judge: Jacobs
CIS/2890/2009 — Right to reside / whether claimant was self-employed and/or permanently incapable of work / whether necessary to have right to reside before incapacity — [2011] UKUT 401 (AAC)
Commissioner / Judge: Jacobs
CIS/291/2011 — Whether claimant aquired leave to remain at date of immigration tribunal's decision or when her passport was stamped — [2011] UKUT 373 (AAC)
Commissioner / Judge: Jacobs
CDLA/134/2011 — Overpayment / when claimant could have been expected to know change in medical condition constituted change of circumstances — [2011] UKUT 336 (AAC)
Commissioner / Judge: Rowland
20 January
CE/1217/2011 — Whether tribunal right to assess claimant as though he normally used a crutch — [2011] UKUT 449 (AAC)
Commissioner / Judge: Levenson
Discussion
Fine after benefit fraud ...
In Other areas of law. Last updated 22 February at 20.35 by Ruth_T
“I was given to understand that the DWP will always seek prosecution when the sum involved is £2000 or more. That does not imply that prosecution will not happen for lesser sums. ”
Lapsed appeal due to diminishing capital
In Housing benefit & council tax benefit . Last updated 22 February at 19.36 by Kevin D
“Derek Stainsby has posted the most recent case law that touches on it but I would still offer the pre 1998 CD in support of the argument - but I would be transparent about the change in legislation so that credibility didn’t flounder on the…”
Mandatory Revision Before Appeal - consultation
In Decision making and appeals. Last updated 22 February at 19.21 by neilbateman
“MrFinch - 22 February 2012 06:05 PM...will this mean that someone who has ESA stopped will have to go without money until the reconsideration is complete? Presumably, people in this situation will have to claim JSA (or another benefit) and have a running issue about…”
University of Bath research on the funeral payment scheme - can you help?
In Other benefits. Last updated 22 February at 18.24 by Ariadne
“The regulated social fund will in some form continue - it’s only the discretionary bit that’s going. ”
Trusts - one for Ariadne
In Housing benefit & council tax benefit . Last updated 22 February at 18.23 by Ariadne
“I suppose the first question is whether the right to transfer the benefit of the pension was actually in the husband’s gift, and to know that I think you’d have to look at the terms of the pension scheme. As I read this, it is…”
Overpayment of State Retirement Pension
In Pension credit & other benefits for older people. Last updated 22 February at 17.59 by Ariadne
“Now that makes sense. ”
ESA and surgery? Regs??
In ESA & other incapacity related benefits. Last updated 22 February at 17.56 by Ariadne
“There used indeed to be a provision for treating someone as incapable of work for incapacity benefit purposes if they were expecting to undergo major surgery within three months, but that didn’t carry over into ESA and I think vanished from IB before 2008 anyway. ”
DLA - Medical Report states "not known" for care/mobility needs
In Disability related benefits. Last updated 22 February at 17.25 by nevip
“Is this what you’re looking for? CDLA/2701/2010 ”
a2 national ...
In ESA & other incapacity related benefits. Last updated 22 February at 16.42 by Tony Bowman
“See vol II of the SS Legislation, page 326; heading: “other qualified persons”. The situation for those no longer working or not considered self-employed is explained. ”
Contributory JSA or Pension?
In Pension credit & other benefits for older people. Last updated 22 February at 15.41 by Tony Bowman
“nevip - 22 February 2012 02:18 PMNo, once you hit state pensionable age you can’t claim JSA (s1 of the Jobseekers Act 1995). That is 65 for a man born before 1959 and 60 for a woman born before 1950. After those dates the state…”
Failure to attend Work focused interview
In Income support & JSA. Last updated 22 February at 14.33 by 1964
“I agree that Reg 8 does seem to permit more than one sanction being applied concurrently (the only restriction being that payment shall not be reduced to less than 10p per week). I’ve seen several client with more than one ongoing sanction for WFI failure.…”
A4E Emma Harrison: nice work if you can get it
In Advice sector policy issues. Last updated 22 February at 13.47 by keith
“http://www.bbc.co.uk/news/uk-17122796 Four ex-staff of government contractor A4e bailed in fraud probe Dave told the Commons: “The investigation needs to be thorough, it needs to get to the truth and then we can take into account its findings.” ”
R2R
In Housing benefit & council tax benefit . Last updated 22 February at 13.40 by Val
“Thanks for that. The bottom line then is that success in the second appeal rests on success in the first appeal as I thought. He seems to have a mental block when it comes to claiming JSA! Val ”
Conviction in Magistrates Court for fail to notify change of circs and its effect on entitlement to DLA
In Decision making and appeals. Last updated 22 February at 13.25 by Andyp4
“Tonto have you a copy electronic or otherwise please we could have? ”
DWP WORK PROGRAMME STATISTICAL RELEASE
In Advice sector policy issues. Last updated 22 February at 12.38 by nevip
“I know!! They’ll be bringing down the government next. ”
SSWP v LP
In Decision making and appeals. Posted 22 February at 11.50 by 1964
“Does anyone know whether anything has happened re this case (referred to ECJ in March 2011)? ”
The Legal Ombudsman changes address
In Advice sector policy issues. Posted 22 February at 11.42 by Paul Treloar1
“The Law Society reports that the Legal Ombudsman has changed its PO Box address. This is due to its former scanning partner being taken over and moving operations to a new site. All correspondence should be sent to this address: Legal Ombudsman PO Box 6806…”
ICT E-Bulletin - February 2012
In Advice sector policy issues. Posted 22 February at 11.15 by Paul Treloar1
“Lasa’s ICT E-Bulletin - February 2012 is now available online. Amongst the articles is one about: Universal credit to be first service ‘digital by default’. Guardian Government Computing reports that Universal credit will be the first major government service to be digital by default, according…”
R2R as a workseeker when JSA not in payment.
In Income support & JSA. Last updated 22 February at 9.09 by jeanette
“nevip - this might explain the problem that she has had with her work record in the past. It was before May 2011 and it was registered work, however the work ended after a few months because the company was closed due to fraud. Basically…”
Lords amendment on 'bedroom tax' overturned in Commons
In Housing benefit & council tax benefit . Last updated 21 February at 20.32 by Ariadne
“What a surprise. ”
