What's new?

New debt advice handbook for Scotland

27 June 2024

Our new handbook, Debt Advice Handbook Scotland, is now available for free. Written in partnership with Citizens Advice Scotland, it details the elements of the debt advice process in Scotland and the key skills needed to give good advice.

The handbook provides comprehensive information for advisers about strategies to help clients with their financial difficulties appropriately. It covers the key stages of money advice, including:
•    interviewing clients
•    establishing liability
•    prioritising debts
•    preparing a financial statement
•    negotiating with creditors, and
•    dealing with bailiffs. 

Debt Advice Handbook Scotland is the go-to tool for specialist debt adviser as a first step in accessing primary legislation and regulations, and is also a reliable guide and training aid for the new debt adviser. Advisers who undertake debt advice alongside other sorts of advice work or other professional disciplines – such as social workers and housing officers – will also find this handbook an indispensable resource.
 

Latest articles

24 June 2024

The following new articles are all free to access online:

• A reflection on litigating for impact at CPAG
  The role of test cases and some areas of interest.
• LCWRA and migration to UC
  When a claimant with limited capability for work-related activity migrates from the legacy benefit system to universal credit (UC), how is that reflected in the UC award? 
• National insurance credits for limited capability for work
  When someone should get NI credits for LCW, how they are claimed, and some of the advantages of getting them.

Updates to the Welfare Benefits and Tax Credits Handbook

20 June 2024

Amendments to the Welfare Benefits and Tax Credits Handbook (for subscribers) to reflect that from July 2024, the government will begin a process of ending awards of tax credits paid to claimants of pension-age. It will invite these claimants to claim either universal credit (where the tax credit entitlement includes working tax credit) or pension credit (where the tax credit entitlement is for child tax credit only). 

This requires a number of amendment to the rules. These include those regarding managed migration to universal credit (so as to allow for managed migration including transitional protection in relevant cases) and pension credit (so as to provide for a child tax credit closure notice and transitional protection in pension credit in relevant cases), as well as consequential changes to rules such as the universal credit age rules and benefit cap.

The changes are provided for in The Social Security (State Pension Age Claimants: Closure of tax Credits) (Amendment) Regulations 2024, SI 2024 No.611.
 

Updates to the Benefits for Migrants Handbook

16 June 2024

Key updates to the Benefits for Migrants Handbook (for subscribers):

• Chapter 13(4): European Union co-ordination rules / When the past presence test does not apply: a new Upper Tribunal case confirms that being covered by the Withdrawal Agreement protections means the main EU co-ordination rules 'apply' to the claimant for the purpose of disapplying the past presence test for disability and carer's benefits.
• Chapter 7(3): Your leave has a 'no recourse to public funds' condition / Domestic violence: benefit consequences of recent changes to the immigration policy for people with leave based on their partner relationship when that relationship breaks down due to domestic violence or abuse.
• Chap 11(3): Means-tested benefits / The type of residence right you need: pre-settled status: amendments to potential arguments for claimants with pre-settled status, but no qualifying free movement rights, to take account of recent caselaw and links to CPAG resources.

Tools and templates

14 June 2024

Our new tool helps you ask the DWP for a detailed explanation of how a transitional element has been calculated when you have transferred to universal credit under the managed migration process. It creates a note for you to add to the journal on an online UC account and may be helpful if you are not sure if there are grounds to challenge the DWP's decision on the amount awarded:

• Request a breakdown of the calculation of a universal credit transitional element 

Survey

14 June 2024

We've added a short survey to the site to gather evidence about the information the DWP gives to claimants on their entitlement to a UC transitional element and its calculation following managed migration. Please help us by completing it if you have relevant cases.

Tools to help you draft mandatory reconsideration requests

28 May 2024

From 28 May to 28 June 2024 we’re offering free access to three of our tools so you can use them even if you don’t have a subscription:

• Personal independence payment: mandatory reconsideration letter
• Employment and support allowance work capability assessment: mandatory reconsideration letter
• Universal credit work capability assessment: mandatory reconsideration letter

Try them out and let us know what you think by emailing: [email protected]

Disability Rights Handbook - new edition

28 May 2024

The 2024/25 online edition of the Disability Rights Handbook (for subscribers) is now live.

Test case update: right to reside based on self-sufficiency

2 May 2024

Following the Upper Tribunal's decision in our test case SSWP v WV (UC) [2023] UKUT 112 (AAC), the DWP has issued ADM Memo 04/24: Self sufficiency and the WV decision. See the update on our test case page: Right to reside based on self-sufficiency for the implications for claimants.

Welfare Rights Bulletin (Issue 299) April 2024

The April 2024 edition of the Welfare Rights Bulletin (Issue 299) (for subscribers) is online now. Read the articles for free:

• Tax credits and mandatory reconsideration
• The transitional element in practice - an update
• UC: claims and defects: about what it means to make a 'valid' claim for UC.
• 'Cross-examined'? How the tribunal asks questions: recent caselaw on how appellants should be questioned in the First-tier Tribunal.
• Right to reside after AT

Welfare Benefits and Tax Credits Handbook - new edition

6 April 2024

The 2024/25 online edition of the Welfare Benefits and Tax Credits Handbook (for subscribers) is now live.

Updates to the Debt Advice Handbook

2 April 2024

Key updates to the Debt Advice Handbook:

• Chapter 4: Utilities and household debt/Water charges/Special features: New Ofwat guidance published setting out its minimum expectations of water companies in helping vulnerable customers.
• Chapter 8: Deciding on priorities/TV licence: Cost of colour TV licence increases to £169.50 from 1 April 2024.
• Chapter 10: DROs/Who can apply for a DRO/Qualifying conditions: Prescribed total debt limit increases to £50,000 from 28 June 2024.
• Chapter 10: DROs/Who can apply for a DRO/Qualifying conditions/Calculating the amount of surplus income etc: Prescribed value of single domestic motor vehicle increases to £4,000 from 28 June 2024.
• Chapter 10: DROs/Making the application: The £90 DRO application fee has been removed from 6 April 2024.

Test case update: right to reside based on self-sufficiency

26 March 2024

The Court of Appeal has granted the Secretary of State permission to appeal in our test case: SSWP v WV (UC) [2023] UKUT 112 (AAC)

Test case update: backdating of universal credit

1 March 2024

The Court of Appeal has confirmed that a claimant can make a request for backdating even after their universal credit claim has been decided. See our test case update for details.

Welfare Rights Bulletin (Issue 298) February 2024

28 February 2024

The February 2024 edition of the Welfare Rights Bulletin (Issue 298) (for subscribers) is online now. Read the articles for free:

• DWP's Targeted Case Review
• Ever increasing: conditionality and sanctions
• Extra! Extra! Transitional SDP element additions

Debt Advice Handbook updates

19 February 2024

Key Debt Advice Handbook updates:

• Chapter 2 - Challenging poor debt collection - The Consumer Credit Sourcebook. Consumer Duty guidance update 
• Chapter 8 - Deciding on priorities - TV licence. BBC announcement of increased support for people struggling to pay their TV licence
• Chapter 9 - Debt respite schemes - Mental Health Crisis Moratorium. HM Treasury and Insolvency Service’s guidance update their guidance in the light of 2023 High Court judgments 
• Chapter 12 - Dealing with judgment debts - Setting aside a judgment – Applications. High Court disagrees that Denton relief from sanctions principles apply to set aside applications.

New appeal submission template for 'closed' universal credit claims

16 February 2024

New appeal submission template added - for use when the DWP has 'closed' a universal credit claim following a failure to attend an initial evidence meeting.

Test case update: pre-settled status

7 February 2024

Confirmation that in some circumstances UC can be awarded to people with pre-settled status who have no qualifying EU right to reside. The Supreme Court has refused the SSWP’s application to appeal SSWP v AT [2023] EWCA Civ 1307, see our test case update for details. 

Welfare Benefits and Tax Credits Handbook updates

15 January 2024

Key Welfare Benefits and Tax Credits Handbook updates:

• Chapter 35, Section 6 - Making a claim (first footnote). This amendment is to indicate that online claims for PIP are now possible, albeit initially only in certain postcode areas. 
• Chapter 41,Ssection 1 - How student income affects universal credit - Student loan, and Chapter 41, section 6 - Loans - Calculating income from a student loan. These amend advice regarding treating a student without a loan as possessing one, in the light of the findings in IB v Gravesham BC and SSWP (HB) [2023] UKUT 193 (AAC) (7 August 2023) concerning what are 'reasonable steps' to take a loan out, and in particular the possibility of taking into account 'principled and conscientious' objections to doing so on the part of the claimant. 
• Chapter 68, Section 1 - 'Who is a person subject to immigration control' - Your leave has a no recourse to public funds condition - box. This amends the list of benefits defined as public funds to reflect the changes to the rules from 5 October, as provided for by the Statement of changes to the Immigration Rules: HC 1780, 7 September 2023.