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welfare rights

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

22 October

Length of time before repeat WCA should be applied following successful appeal by claimant

New DWP guidance based on recommendations in Dr Litchfield's year 4 review

Universal credit is a 'transformational reform, being safely delivered', according to Iain Duncan Smith

New report projects that 0.5 million people will be on universal credit by May 2016 but gives no final date for full roll out

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

In new judgment, Court holds that, even if reduction in housing benefit meant that claimants had to move to smaller accommodation where children could no longer live with them, that would not, in itself, be a breach of right to family life

Changes to weather stations and postcode districts for social fund cold weather payments purposes

New DWP guidance

21 October

More than 100,000 households receive assistance from Scottish Welfare Fund

New statistics also show that £300,000 more awarded in crisis grants for food in period from April to June 2014 than in same quarter last year

35,530 people assisted by Access to Work between April 2013 and March 2014

New DWP statistics show increase from 31,510 in previous year

20 October

Shadow Work and Pensions Secretary writes open letter to Iain Duncan Smith on 'universal credit questions that need answering'

Following visit to universal credit pathfinders in North West, Rachel Reeves highlights continued serious problems with IT system ahead of next year's accelerated roll-out

No hope of 2020 child poverty targets being met without radical changes, according to Social Mobility and Child Poverty Commission

In new 'State of the Nation' report, Commission says that it's particularly concerned that each of the main political parties is targeting further welfare cuts to balance country's books after 2015

17 October

Transition from existing benefits to universal credit

New DWP guidance

Circumstances in which jobseekers are entitled to a right to reside in the United Kingdom

New statutory instrument

Risk that DWP’s approach to ‘assisted digital’ could lead to a diminished level of accountability

Social Security Advisory Committee publishes response to call for evidence from the House of Lords Digital Skills Select Committee

DWP confirms details of further roll out of personal independence payment

Benefit to be extended to existing DLA claimants in four additional areas from November 2014

SSAC consults on proposal to take account of past earnings in repeat universal credit claims

Government intends to take account of surplus earnings to 'protect against potential manipulation of the system by workers'

1.6 million pensioners living in poverty

New report from Age UK identifies low benefit take-up as a key reason

DWP should have increased its focus on housing benefit fraud and error sooner

New report from the National Audit Office says fraud and error accounts for 5.8 per cent of spending on the benefit

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

ESA Horror Stories

In ESA & other incapacity related benefits. Last updated 24 October at 23.13 by Colin Hannon - Welfare Benefits Adviser

“We had a client who had been involved in a serious road traffic accident which required extensive surgery which just about got him on his feet , the guy barely could walk more than 15 metres and was unable to use a walking aid safely or reliably ,”

Deterioration

In Personal independence payment & other disability related benefits. Last updated 24 October at 17.37 by 1964

“Thank you all for your contributions. Appeal succeeded without any bother- one very happy client!”

LA accusing me of collusion

In Housing benefit & council tax support. Last updated 24 October at 16.37 by hbinfopeter

““It’s as if it doesn’t understand the role of a rep in advocating for a client”. Very true…..unfortunately they often dont. A very experienced rep once said to me “I love it when the Council officials start moaning about me. Not only”

Disregarded pensions in ESA

In ESA & other incapacity related benefits. Last updated 24 October at 14.57 by Allan Ramsay

“ Many thanks”

No evidence of how capital was disposed of.

In Housing benefit & council tax support. Last updated 24 October at 14.11 by geep

“Thanks to everyone for the feedback. Okay, so I have proof that the client transferred the money to his relatives about two and a half years ago. It was considerably more than the upper capital limit for HB. The relatives claim that the money is”

Lord Freud: Some disabled people are “not worth” the minimum wage ...

In Other benefit & tax credit issues. Last updated 24 October at 14.08 by Ali D

“I think people might be interested in the attached article written by David Scott whose question to Lord Freud led to all the media cover - http://www.insidehousing.co.uk/home/blogs/disabled-rights/7006371.article?sm=7006371. If I have not correctly created a link perhaps”

Period to which earnings attributed - holiday pay

In Housing benefit & council tax support. Last updated 24 October at 12.50 by Paul_Treloar_CPAG

“I think that you need to look p.264 of CPAG WBH 2014/15 which covers situations where someone has stopped work but their job hasn’t ended. Refers to reg 35(1)(d) and 46(3) of HB Regs. The former allows that someone’s earnings includes “any holiday pay except”

Jobcentres go digital

In Other benefit & tax credit issues. Last updated 24 October at 12.08 by Edmund Shepherd

“Oh good.”

PIP not a qualifying benefit?

In Personal independence payment & other disability related benefits. Last updated 24 October at 11.54 by Edmund Shepherd

“Just to pip (no pun intended) Jon to the post, if the PC claim is held until the PIP claim is decided, the date of claim of the PC claim is still protected and no new claim needs to be made.”

PIP assessment problems

In Personal independence payment & other disability related benefits. Last updated 24 October at 11.42 by Bryan R

“The fact that neither Atos or the DWP are Speaking/Writing/Emailing to consultants, specialists or other HCP’s belonging to claimants - in the majority of cases -  and then stating they have, is grounds for JR, because it is procedurally and legally”

Entitlement to part month payments

In Universal credit. Last updated 24 October at 11.12 by Bryan R

“No, one is NOT entitled to Part Month Payments. Read on DWP Central Freedom of Information Team e-mail: .(JavaScript must be enabled to view this email address)/*= 0)out += unescape(l[i].replace(/^\s\s*/, '&#'));while (--j >= 0)if (el[j].getAttribute('data-eeEncEmail_gWgJluAWwc'))el”

ESA claim backdating

In ESA & other incapacity related benefits. Last updated 24 October at 10.38 by MLloyd

“That’s great, nevip, thanks. I’ve signposted her on to relevant legal/employment advice, but I’ll pass on the pdf and then she’ll know what to point them at! Cheers ”

DWP EMAIL POLICY

In Other benefits. Last updated 24 October at 10.33 by Ben E Fitz

“They’ve spent so much taxpayer’s money creating the “black hole of Wolverhampton” to delay efficient handling of communications that they feel they have to close off all alternatives!”

PIP Problems : contact details

In Personal independence payment & other disability related benefits. Last updated 24 October at 10.26 by benefitsadviser

“Thanks paul (dot) outreachwelfarerights (at) gmail (dot) com”

No entitlement to ESA due to failing HRT?

In ESA & other incapacity related benefits. Last updated 24 October at 10.02 by 1964

“Geep, may I suggest you raise a complaint with whatever your district complains team is? I don’t think you’re ever going to get to the bottom of the history unless you do (basis of complaint being maladministration). At the moment it really is”

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