Welfare Rights search

The DWP has issued new guidance (Memo DMG 27/14) about repeat referrals for the work capability assessment (WCA), where the claimant has been successful in an appeal. As before, when a repeat WCA is to be applied is not a matter of law, and so is not in itself a potential subject of appeal to the First-tier Tribunal. However, the guidance, described here by Simon Osborne, provides some very useful pointers in advising claimants as to what they can expect.

Henri Krishna describes further reductions in rights to reside for jobseekers.

With universal credit (UC) due to begin a significant nationwide expansion from February 2015, advisers should be ready for the main rules determining access to the UC system, and the main problems and challenges likely to arise for claimants. Simon Osborne and David Simmons explain.

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.1 Social Security (Jobseeker’s Allowance and Employment and Support Allowance) (Waiting Days) Amendment Regulations 2014 SI No.3096; Social Security (Jobseeker’s Allowance and Employment and Support Allowance) (Waiting Days) Amendment Regulations (Northern Ireland) 2014 (SR No.235/2014) Dan Norris explains.

Paul Treloar, Advice and Rights Manager at CPAG, describes recent research on the impact of benefit cuts.

In R (Winder and others) v Sandwell MBC,1 [2014] EWHC 2617 (Admin) the High Court ruled that a local authority could not lawfully adopt a council tax reduction (CTR) scheme that was restricted only to those who had lived in the borough for two years. Michael Spencer discusses the case and its implications for CTR schemes and localised welfare more generally.

Simon Osborne reviews rules on the relationship between benefit overpayment recovery and official error, with reference to some recent decisions from the Upper Tribunal.

Henri Krishna reviews recent changes in rules1 SI 2014/1451 about residence and benefits, concentrating on developments not already covered by articles on the 1 January 2014 changes in CPAG's Welfare Rights Bulletin 238 and the Saint Prix decision of the European Court of Justice in CPAG's Welfare Rights Bulletin 241.

Martin Williams looks at some of the problems thrown up by mandatory reconsideration and direct lodgement of appeals (see Bulletin 235: New appeals rules and procedures) and what advisers can do to try to solve them.

Mark Willis takes a look at the rules introducing mandatory reconsideration into appeal rights for tax credits, child benefit and guardian’s allowance.

Mike Spencer looks at a recent European Court of Justice decision with important findings about the right to reside of women who have given up work due to pregnancy.

Recent rule changes have made a number of changes to the universal credit (UC) rules. The changes include an expansion of the UC areas in north west England, and the introduction of the possibility of new claims from couples. Simon Osborne explains.