appeals

  • Better late than never?

    Issue 234 (June 2013)
    article

    PLEASE NOTE: this article argues that JI v HMRC is not binding. That position is incorrect. However the other reasons given in the article as to why JI is wrongly decided may still be used. Please see also the further article (Feb 2015)

    A recent decision of the Upper Tribunal has decided there is no possibility of making a late appeal in tax credits cases. Martin Williams considers the case.

  • Welfare reform in 2013

    Issue 233 (April 2013)
    article

    2013 is a landmark year in welfare reform. Simon Osborne outlines the main changes.

  • Welfare Reform Act 2012

    Issue 227 (April 2012)
    article

    Do acts speak louder than words? Edward Graham gives a round-up of the changes on their way.

  • Unnoticed? The flaw in ESA conversion decisions

    Issue 224 (October 2011)
    article

    Martin Williams discusses the problems with letters sent by the DWP to existing claimants of incapacity benefit (IB), severe disablement allowance (SDA) and income support (IS) on grounds of disability informing them that they are to be reassessed for employment and support allowance (ESA).

  • Tax credits: making an appeal

    Issue 223 (August 2011)
    article

    A recent decision of the Upper Tribunal may make it easier for tax credit claimants to actually get an appeal heard by a First-tier Tribunal. Edward Graham explains.

  • The right to reside: interim payments pending the outcome of an appeal

    Issue 222 (June 2011)
    article

    There are two near certainties in a disputed right to reside case. The first is that it will raise complex issues of EU law, domestic immigration law and social security law. The second is that it will take an age for the matter to be resolved. This article, by David Simmons, addresses the issue of whether, pending the ultimate outcome of an appeal, is there any provision or principle of EU law that potentially entitles EU nationals challenging negative decisions to be supported in the meantime.

  • Appealing for ESA arrears

    Issue 218 (October 2010)
    article

    CPAG examines what claimants should do if they believe they have not been paid all the arrears they are due following a successful employment and support allowance (ESA) appeal.

  • ESA: appeals and repeat claims

    Issue 216 (June 2010)
    article

    Edward Graham examines updates to the law and guidance.

  • ESA: repeat claims and appeals

    Issue 213 (December 2009)
    article

    Edward Graham explains the rules allowing ESA to be paid on repeat claims and pending appeals.

  • ESA decisions and appeals

    Issue 207 (December 2008)
    article

    Simon Osborne outlines the rules regarding decision-making and challenges in employment and support allowance (ESA).