benefits

  • Two child limit challenge

    Last updated: November 28, 2017
    test case

    On 18 August 2017 CPAG issued a claim for judicial review in the High Court against the Secretary of State for Work and Pensions (SSWP) to challenge the two child limit, introduced by the Welfare Reform and Work Act 2016. Permission was granted on 17 October 2017 so the case will now go forward to a full hearing on 6 and 7 February 2018.

    The case is brought on behalf of two lone mothers who each already have more than one child and had an 'additional' child born after 6 April 2017.

    Grounds of challenge are:

  • Refusal to accept late mandatory reconsideration requests

    Last updated: September 25, 2017
    test case

    Update - 25 September 2017 - on 4 August 2017 a three-judge panel of the Upper Tribunal decided that, where a claimant makes a mandatory reconsideration request at any time within 13 months of the original decision, s/he will, if dissatisfied, subsequently be entitled to appeal to a First-tier Tribunal.

  • Tax credits and appeal rights

    Last updated: September 25, 2017
    test case

    Update - 25 September 2017 - on 14 June 2017 a three-judge panel of the Upper Tribunal decided that -

    'As soon as the Commissioners for Her Majesty’s Revenue and Customs have made a decision under section 18 of the Tax Credits Act 2002 for a tax year, any decision made under section 16 for that tax year ceases retrospectively to have any operative effect, any appeal that has been brought against that section 16 decision therefore lapses, the First-tier Tribunal ceases to have jurisdiction in relation to that appeal and that tribunal must strike out the proceedings.' (paragraph 1)

  • Introduction to welfare rights


    training course

    This is essential training if you are starting off as a welfare rights adviser or need a good understanding of the benefits system. It introduces you to the key resources and skills you need and takes you through the main benefits in detail. Learning is through a mix of elearning and face-to-face training.

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  • 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21/16, confirming that it will not be appealing against the Upper Tribunal decision and that the past presence test is no longer applicable to claims for disability living allowance, personal independence payment, attendance allowance or carer's allowance.

  • Past presence test and aggregation rules

    Last updated: May 23, 2017
    test case

     Kavanagh v Secretary of State and Pensions CDLA/373/2016

    This appeal concerns the application of the ‘past presence’ test that requires disability benefit claimants to be resident in Great Britain for 104 weeks out of the 156 weeks prior to the claim. However, for claimants to whom an EU regulation applies, the past presence test is disapplied if they can establish a genuine and sufficient link to the UK social security system. Alternatively, they can seek to satisfy the 2 year rule by aggregating qualifying periods spent in another EU country under Article 6 of EU Regulation 883/2004. EU Regulation 883/2004 coordinates social security systems in the EU and Article 6 provides that certain periods of time spent in one member state can be aggregated when considering presence tests in another.

  • Supporting vulnerable clients

    Level: Basic

    training course

    This course gives you skills to help resolve problems faced by vulnerable people claiming benefits. Taking a practical approach, it gives an overview of basic benefits and looks at rules intended to protect vulnerable groups including those affected by domestic abuse, mental health issues or at risk of homelessness. It will equip you to prevent a problem becoming a crisis. Those with limited or no knowledge of the benefit system will gain most from this course.

    The course includes:

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  • Getting decisions changed

    Level: Standard

    training course

    This course is focused on equipping advisers to deal with the legal and practical issues that apply in getting initial decisions on benefits and tax credits changed. Covering basic rules and practical problems, it deals with challenges up to (but not beyond) getting an appeal lodged with the First-tier Tribunal. Aimed at advisers with a working knowledge of benefits and tax credits, it will also include an outline on making an initial challenge in other cases, such as council tax reduction and overpayment recovery in the tax credit and universal credit schemes.

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  • Benefits for non-benefit advisers

    Level: Basic

    training course

    This two-day course is aimed at professionals who work with low-income clients. It is for those who will not be advising on benefits themselves (eg, social workers, supported housing workers, support staff) but want to support clients to maximise their income and signpost at the right time for more advice.

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