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Top Income Support & Jobseeker's Allowance topic #439

Subject: "Reduced Benefit Direction" First topic | Last topic
MaggieJ2
                              

Welfare rights/Support Worker, Sheffield Committee of One Parents
Member since
04th May 2004

Reduced Benefit Direction
Wed 07-Jul-04 01:21 PM

My client is going to tribunal regarding a reduced benefit direction for not co-operating with the CSA requirement.

The DWP did not accept my client had 'good cause'

The appeal is against the imposition of the RBD because the 'good cause' decision itself does not have appeal rights -

Can anyone help with tactics and arguments

  

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Replies to this topic
RE: Reduced Benefit Direction, jogallag, 07th Jul 2004, #1
RE: Reduced Benefit Direction, ken, 07th Jul 2004, #2
RE: Reduced Benefit Direction, Big Lee, 20th Jul 2004, #3

jogallag
                              

benefits, mid-derbyshire citizens advice bureau
Member since
21st Jan 2004

RE: Reduced Benefit Direction
Wed 07-Jul-04 02:34 PM

The issue for 'good cause' is whether there are reasonable grouds for believing that if client was required to cooperate, or if client cooperated, there would be a risk of client or any child living with client suffering 'harm or undue distress'.

There only has to be a risk of harm or undue distress.

I have assisted two clients with RBDs. The first one went to tribunal and I obtained a GP letter supporting the client's statement that cooperation would worsen her previously diagnosed depression.

In the second I wrote a statement at the review stage which outlined my clients reasons for not cooperating, referring to the 'good cause' requirement. Client also had a history of depression.

'Good cause' was accepted for both clients. Neither case involved any previous violence from former partners. There is also some commentary on RBDs in CPAG Handbook.

  

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ken
                              

Charter member

RE: Reduced Benefit Direction
Wed 07-Jul-04 03:02 PM

In terms of case law,it may be worth having a look at R(CS)15/98 and R(CS)8/02

  

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Big Lee
                              

Social Security Caseworker, Law Centre(NI) - Belfast
Member since
03rd Feb 2004

RE: Reduced Benefit Direction
Tue 20-Jul-04 11:53 AM

You may also find it useful to have a look at CSC 2/03-04. It's a Northern Ireland decision, but it should still prove useful to you. Appendixed to it is C13/02-03(IS). The Commissioner gives some very useful guidance on exactly what decision is under appeal when an RBD is involved.

i don't think i can link directly to the decision, but the website is http://145.229.156.3/dmaucomdec.nsf?OpenDatabase and you should be able to find it from there. Alternatively do a search for NIDOC on Yahoo or similar and you should find it.

  

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Top Income Support & Jobseeker's Allowance topic #439First topic | Last topic