Disabled students and UC and CG/1479/1999

Hi,
Has anyone been successful at MR or appeal using CG/1479/1999 highlighted in the December 2017 of CPAG’s Welfare Rights Bulletin?
(https://www.rightsnet.org.uk/pdfs/CG_1479_99.pdf
http://www.cpag.org.uk/content/universal-credit-and-disabled-students)

If successful at appeal, has the DWP sought an Upper Tribunal challenge?

Basically, the issue is whether the DWP is wrong to close a disabled student’s UC claim without referring them first for a WCA -

“Currently, the DWP is refusing UC claims where the student does not at the outset have limited capability for work. Arguably this is wrong, and the DWP should stockpile such claims until the student has had her/his limited capability for work assessed. Assessment of limited capability for work is the DWP’s responsibility, so it should refer the claimant for a WCA.

Arguing that the claim should not be adjudicated on is based on an argument that was made in an article in a Welfare Rights Bulletin from 2000.6 In CG/1479/1999, it was held that it was unlawful to adjudicate on a claim to make a nil award in a case where entitlement depended on something else (in this case, a claim for income support that depended on the outcome of a claim for DLA). This was because it was in breach of section 21(1) of the Social Security Administration Act 1992. This part of the Act has now been repealed, but arguably section 8 of the Social Security Act 1998 contains a similar duty.

Where UC claims are not stockpiled by the DWP, the decision can be challenged arguing that following CG/1479/1999, the decision maker should not have made the decision refusing benefit, as s/he did not have all the necessary information – i.e., at the point of claim it was not known whether or not the claimant had limited capability for work. Basically, the argument to be made is that there was a requirement to stockpile the decision.”

No, haven’t had any cases yet where UC refused but interesting to see the latest posts at https://www.rightsnet.org.uk/forums/viewthread/13334/P15/#62856

Hi Brian,

Hi I’ve seen it now thanks.

But in the long run what’s needed is a consistent approach across all JCPs.

We’re still trying to lobby on this issue with the DWP and the Minister albeit with no success so far.