appeals

  • Refugee children – Disability Living Allowance – past presence test

    Last updated: May 24, 2017
    test case

    Update 09/09/2016: the DWP has now issued guidance, DMG Memo 20/16 and ADM Memo 21/16, confirming that it will not be appealing against the Upper Tribunal decision and that the past presence test is no longer applicable to claims for disability living allowance, personal independence payment, attendance allowance or carer's allowance.

  • Refusal to accept late mandatory reconsideration requests

    Last updated: May 23, 2017
    test case

    Sarah Geater v Secretary of State for Work and Pensions (Appeal CE/766/2016) and R (Caroline Jeffries) v Secretary of State for Work and Pensions (JR/3861/2016)

    These two linked cases concern the Department for Work and Pensions’ (DWP) refusal to accept late mandatory reconsideration (‘MR’) requests, regardless of the claimant’s circumstances and reasons for lateness, thereby apparently leaving the claimant without a right of appeal to an independent tribunal.

  • Tax credits and appeal rights

    Last updated: May 23, 2017
    test case

    Sheikh v HMRC CTC/3228/2015 and Saleh v HMRC CTC/1938/2016

    Saleh and Sheikh are appeals in the Upper Tribunal concerning the relationship between s16 and s18 of the Tax Credits Act 2002 and what the powers of the First-tier Tribunal (FtT) are where a s16 decision, which is the subject of an appeal to it, has subsequently been replaced by an end of year s18 decision on a tax credits award. HMRC can amend or terminate an initial award for tax credits under s16 if there is evidence that the amount awarded is incorrect or if there is no entitlement. A s16 decision must be made within the respective tax year. A s18 decision is the final decision on a tax credits award and is conclusive as to a person’s entitlement for the relevant tax year. In practice, HMRC do not make a s18 decision while a s16 decision is under appeal.

  • Appeals to the Upper Tribunal


    training course

    This course is essential for any experienced adviser who wants to challenge decisions of the First-tier Tribunal (Social Entitlement Chamber) effectively. The main aim of the course is to equip you to understanding of what is an error of law and give you practice in finding errors of law in the First-tier Tribunal statement of reasons.

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    Dates:
  • Tax Credits - Late Appeals

    Last updated: February 22, 2017
    test case

    VK v HMRC CTC/5461/2014 (Upper Tribunal (Administrative Appeals Chamber))

    Update 27/07/2016: in a judgment dated 11/07/2016, the Upper Tribunal has decided that tax credit claimants have always been able to make a late appeal against decisions made by HMRC. For more information and a link to the decision see the news item CPAG wins test case on tax credit appeals.

  • Representing at the First-tier Tribunal

    Level: Standard

    training course

    This popular two-day course gives a basic grounding in representing clients at the First-tier Tribunal. Through mock tribunals, participants gain experience in a safe environment where there is nothing to lose.

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    Dates:
  • Ministry of Justice consultation on transforming courts and tribunals

    November 2016
    briefing

    CPAG has responded to a Ministry of Justice consultation on changes to social security appeal tribunals.

  • Tax credits toolkit


    page

    What to do when things go wrong with tax credits

    See our factsheet, Tax credits: challenging decisions for more detail on how to identify what decision has been made on your tax credits. If you have been overpaid, the first thing to do is to check whether the decision which created the overpayment is correct. See our factsheet, Tax credit overpayments for more detail on overpayments.

  • Elearning courses


    page

    We have developed three elearning courses to help frontline workers who do not work in welfare rights get to grips with important changes in the benefits system. These three courses are currently free:

    • Scottish Welfare Fund
    • Surviving the Appeals Process
    • Universal Credit

    Advantages of elearning

    Elearning has many advantages. It is a flexible and cost effective way to learn, avoiding the expense of travel and extra time away from work.

    There are other benefits that might not be so obvious:

  • Using legislation and caselaw

    Level: Standard

    training course

    Advisers regularly deal with complex areas of social security and tax credits law. This one-day course explores some of the legal skills required by lay advisers, and gives information on different aspects of the legal system.

    The course covers:

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    Dates: