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Articles

ESA – limited capability to claim?

Issue 258 (June 2017)
Employment support allowance (ESA) stops in certain situations, including where the claimant does not have limited capability for work (LCW) or is treated as not having LCW following failure to attend a medical examination without a good reason. Martin Williams takes a closer look.

GPOW kapowed?

Issue 254 (October 2016)
Martin Williams considers the implications of a recent Upper Tribunal case on the correct approach to determining whether a European Economic Area (EEA) migrant has a right of residence as a jobseeker under what is widely referred to as the ‘GPOW’ test.

JSA and ‘actively seeking work’ sanctions

Issue 246 (June 2015)
David Simmons examines the issue of jobseeker’s allowance (JSA) sanctions for alleged failures to ‘actively seek employment’.

Waiting days for JSA and ESA

Issue 243 (December 2014)
New regulations, which came into force on 27 October, extend from three to seven the number of waiting days at the start of a claim for jobseekers allowance (JSA) or employment support allowance (ESA), during which the claimant has no entitlement.Dan Norris explains.

Right to reside: when 3 equals 6

Issue 243 (December 2014)
Henri Krishna describes further reductions in rights to reside for jobseekers.

Couples, caselaw and same-sex marriage

Issue 240 (June 2014)
David Simmons considers the effects of the introduction of same-sex marriage and some recent caselaw on cohabitation.

New restrictions for migrants

Issue 238 (February 2014)
Rebecca Walker, author of the immigration and residence rules section of CPAG’s Welfare Benefits and Tax Credits Handbook, explains the new residence requirements introduced from January 2014.

Sanction busting: part 3

Issue 237 (December 2013)
Tessa Gregory from Public Interest Solicitors considers the implications of the Supreme Court judgment in R (Reilly and Wilson) v Secretary of State for Work and Pensions.

Sanction busting – part 2

Issue 231 (December 2012)
Martin Williams highlights the practical steps that can now be taken to assist claimants who were sanctioned to file (late) appeals and the sheer volume of unlawful sanction decisions which it appears have been made.

Sanction busting – appealing Work Programme sanctions

Issue 229 (August 2012)
Martin Williams discusses the legal and practical issues involved in challenging decisions which impose a sanction on JSA for failure to participate in the Work Programme.