Mandatory reconsideration and appeals | Page 7 | CPAG

Mandatory reconsideration and appeals

Tax credits: making an appeal

Issue 223 (August 2011)
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)
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)
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.

Dealing with delays

Issue 217 (August 2010)
Martin Williams considers the tactics available to advisers to combat delays in the administration of benefits and tax credits.

ESA: repeat claims and appeals

Issue 213 (December 2009)
Edward Graham explains the rules allowing ESA to be paid on repeat claims and pending appeals.

ESA decisions and appeals

Issue 207 (December 2008)
Simon Osborne outlines the rules regarding decision-making and challenges in employment and support allowance (ESA).

A guide for appeal representatives

Issue 200 (October 2007)
The Tribunals Service has issued a guide for representatives at social security appeal tribunals - Good practice guidance for those who appear before appeal tribunals. It was issued on 3rd August 2007, just over 12 months since the first draft of the guide was issued, and has undergone a substantial re-write following the consultation with representatives from the National Customer Representative Liaison Forum. The published version is a significant improvement on earlier drafts. Edward Graham outlines the main points.

Employment and support allowance – a forthcoming attraction?

Issue 193 (August 2006)
The Welfare Reform Bill was published on 4 July 2006. Amongst its foremost provisions are the basic rules concerning the employment and support allowance, which is expected to replace incapacity benefit and income support for incapacity from 2008. Drawing on the Bill and its predecessor, the Green Paper, Simon Osborne describes the main provisions and identifies some of the issues arising.

Housing benefit overpayments – who is liable?

Issue 193 (August 2006)
Simon Osborne describes the bizarrely complex rules regarding from whom a housing benefit overpayment is recoverable, and when appeals can be made.