Welfare Rights search

Martin Williams looks at changes to the way in which appeals are dealt with during the coronavirus (COVID-19) restrictions and considers issues that may arise for advisers.The administration of justice, in the shape of the determination of benefit and tax credit appeals, is carrying on during the coronavirus pandemic, but with a number of changes to procedures. Submitting appealsAs many advisers currently only have contact with the claimants they are assisting remotely, then it may be in some cases more difficult to arrange for an appeal to be submitted in time. While appeals to the First-tier Tribunal for employment and support allowance, universal credit and personal independence payment can now be submitted online (gov.uk/appeal-benefit-decision/submit-appeal), that is not an option for other benefits.

Owen Stevens looks at some key universal credit (UC) issues in the context of the coronavirus (COVID-19) pandemic.

CPAG is involved in a number of test cases. Lynsey Dalton provides an update of some of the particularly current cases. For full details, visit the test cases pages on the CPAG website.

Owen Stevens reviews the DWP’s approach in cases where a severely disabled claimant has been allowed to claim universal credit (UC), when s/he should have been prevented from claiming by the ‘SDP gateway’.

Simon Osborne reviews a couple of queries regarding ‘mixed-age’ couples and when universal credit (UC) is, or is not to be, the main subsistence benefit. As the answers suggest, the individual facts are very important.

[Note: this article has been amended post publication, on 10 March 2020, in order to: (a) correct a mistake in saying there was no primary power to make regulation 16 - that power is in section 4(2); and (b) make it more clear that the workcoach has to specify the method of acceptance of the claimant commitment. This version therefore differs from the print version]

Simon Osborne rounds up developments regarding natural migration from legacy benefits to universal credit (UC).

Sabrina Dubash examines the considerations around determining ‘good cause/reason’ for not attending a medical assessment, highlighted by recent caselaw.

Mark Willis reviews recent caselaw providing helpful clarification of when a claimant’s work enables her/him to count as ‘self-employed’ for the purposes of working tax credit (WTC).

Martin Williams considers the DWP practice of making ‘offers’ in personal independence payment (PIP) appeals.

Several recent cases have provided some clarity about how claimants’ use of public transport and private motors cars can affect their award of personal independence payment (PIP). Ed Pybus looks at how this clarity may help claimants apply for PIP and challenge PIP decisions.

Dan Norris reports on developments regarding the way universal credit (UC) supports working parents with childcare costs.