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November 2024
New edition of Fuel Rights Handbook
4 November 2024
The latest edition of the Fuel Rights Handbook is now available and is free to access, thanks to funding from the Indigo Trust and the Clothworkers’ Foundation.
It covers all aspects of the rights of gas and electricity consumers in England, Wales and Scotland, including liability, dealing with arrears and preventing disconnection, complaints, and the latest energy efficient schemes. With an emphasis on the legal protection of vulnerable consumers, and on practical advice pursuing complaints and compensation, this handbook provides essential information on the reduction and prevention of fuel poverty.
Test case update
4 November 2024
Two-child limit non-consensual conception exception ordering rule - R (LMN and EFG) v SSWP [2024] EWHC 2577 (Admin)
The High Court has granted permission to apply for Judicial Review. This case concerns the exception to the two-child limit on the basis of non-consensual conception and the requirement, for this exception to apply, that it is the third or subsequent child who was conceived non-consensually. It argues that the refusal of a UC child element in respect of a third or subsequent child conceived consensually, when the child element has been awarded for either one or two children in the family who have been conceived non-consensually, is discriminatory and irrational.
October 2024
Test case update
29 October 2024
Right to reside based on self-sufficiency - SSWP v WV (UC) [2023] UKUT 112 (AAC); Versnick & Anor. v SSWP (CA-2024-000119)
The hearing in the Court of Appeal was on 22–23 October 2024. Judgment is awaited.
New appeal submission template
28 October 2024
We've added a new appeal submission template (FTT20). This can be used if your client has transferred to universal credit (UC) while getting both income-related and contributory employment and support allowance (ESA), and the DWP has taken their contributory ESA into account as income for the whole of the first UC assessment period (including for the period of the two week run-on that applies to income related ESA):
Updates to the Debt Advice Handbook
28 October 2024
Key updates to the Debt Advice Handbook include:
- Chapter 6/Using contract law/Contracts made under undue influence: An Economic Abuse Evidence Form has been rolled out by Surviving Economic Abuse in partnership with Money Advice Plus to support victims-survivors with debts.
- Chapter 10/DROs/Who can apply for a DRO/Issues with particular types of property/Right to claim compensation: The DRO Team has confirmed that potential compensation for motor finance Discretionary Commission Arrangements complaints (currently the subject of an FCA investigation) do not need to be scheduled to a DRO application as property until the client has received confirmation they are entitled to compensation.
- Chapter 11/Before starting court action/Alternative dispute resolution/Local county court mediation schemes: With effect from 1 October, the CPR have been amended to give the court power to order the parties to engage in ADR and must consider this when giving directions on the fast, intermediate and multi-tracks.
New edition of Children's Handbook Scotland
28 October 2024
The latest edition of the Children's Handbook Scotland is now available and is free to access.
Fully updated for 2024/25, this publication is intended for those who advise and work with children and families in Scotland. It covers situations where a child is living away from home, or away from their parents, for a variety of reasons and the rules affecting benefits and tax credits in these circumstances.
Updates to Benefits for Migrants Handbook
24 October 2024
Key updates to the Benefits for Migrants Handbook (for subscribers) include:
- Chapter 13 / 4. Disability and carers' benefits: The rules for the new pension age disability payment, which is being introduced in some areas of Scotland from 21.10.24, in relation to immigration status, residence and presence and temporary absence abroad.
- Chapter 12 / 4. European Union settlement scheme / Moving from pre-settled to settled status: The increase in the duration of the extension of pre-settled status from 2 to 5 years for those who have not yet been granted settled status by the date their pre-settled status would have expired.
- Chapter 12 / 11. Self-employed people: The inclusion of a recent Upper Tribunal decision, SSWP v VB (UC) [2024] UKUT 212 (AAC) confirming the rights to reside of an EEA national both on the basis she was establishing herself as a self-employed person in the UK and also that she had 'sufficient resources' to mean that she had a right to reside as a self-sufficient person.
Updates to Welfare Benefits and Tax Credits Handbook
24 October 2024
Key updates to the Welfare Benefits and Tax Credits Handbook (for subscribers) include:
- Chapter 41 / Section 1. Universal credit / How student income affects universal credit / Student loans: This amendment is to reflect the recent decision of the Upper Tribunal in SO v SSWP [2024] UKUT 305 (AAC), which holds that the Welsh government learning grant is to be taken into account as part of a student’s unearned income for universal credit.
- Chapter 37 / Section 5. Winter fuel payments: This amendment (in the 'Future changes' box) is to reflect the announcement by the Scottish government of 24 September that, contrary to previous plans, pension age winter fuel payment (the replacement in Scotland for winter fuel payments) is after all to be introduced in winter 2024, and not deferred until winter 2025. However, the new benefit is expected to have the same rules as winter fuel payment and, for 2024/25, will be administered by the DWP and not Social Security Scotland.
Updated version of Debt Advice Handbook Scotland
22 October 2024
There's an updated version of the Debt Advice Handbook Scotland now available for free.
Fully indexed to make it easier to use, this version also includes a glossary plus a brand new chapter on student debt.
New issue of the Welfare Rights Bulletin
16 October 2024
The October 2024 edition of the Welfare Rights Bulletin (Issue 302) (for subscribers) is online now.
From this month, one of the articles from each Bulletin will be available free, the others will only be available to those with a subscription. This issue's free article is:
- Work, limited capability for work and universal credit - Owen Stevens examines the impact of work on claimants with an award of universal credit on the basis of limited capability for work.
And the articles for subscribers are:
- Are assessments and PIP transforming? - Carri Swann explains what we know about the DWP’s Health Transformation Programme and considers its impact in 2024 and beyond.
- Going in the right direction - Martin Williams discusses how advisers can use applications for directions to the First-tier Tribunal in appropriate cases to ensure the best outcomes for appeals.
- Carer’s allowance and overpayments: déjà vu - Barbara Donegan looks at law, policy and practice regarding overpayments of carer’s allowance.
New appeal submission template
4 October 2024
We have added a new appeal submission template challenging the calculation of the UC transitional element following managed migration from child tax credit (CTC) to UC. It's for use if the DWP wrongly included a child element in the ‘indicative UC amount’ for a young person experiencing an interruption to their education when they counted as a 'qualifying young person' for CTC but do not for UC.
New tool
1 October 2024
Use our new tool to check the date from which a limited capability for work-related activity element should be included in your universal credit award. If you don't have a subscription it's free to access until January 2025:
September 2024
Updates to the Welfare Benefits and Tax Credits Handbook
23 September 2024
Key updates to the Welfare Benefits and Tax Credits Handbook (for subscribers) include:
- Chapter 69 / 6.Disability and carer’s benefits/European Union co-ordination rules/When the past presence test does not apply/box under the Note including the footnote: This amendment is to reflect that from 7 November 2024, rules regarding a ‘genuine and sufficient link’ no longer require that link to be to the ‘UK social security system’, but rather to the ‘UK’. This change, made to bring the wording of the rules consistent with the 2019 decision of the Court of Appeal in Kavanagh and another v Secretary of State for Work and Pensions, is made by The Social Security (Genuine and Sufficient Link to the United Kingdom) (Amendment) Regulations 2024, SI No.936.
- Chapter 72 / 1.Overview of the Scottish social security system / Future changes box: This amendment is to update information on the introduction of pension age disability payment, the replacement for attendance allowance in Scotland. Introduction is due for new claimants in five local authority areas from 21 October 2024, with extension to more areas scheduled for March 2025 and full roll-out in Scotland by 22 April 2025.
New appeal submission template
23 September 2024
We've added a new template appeal submission challenging the calculation of a universal credit (UC) transitional element following managed migration from child tax credit (CTC) to UC. It’s for use if a child element is wrongly included in the 'indicative UC amount' in respect of a 19-year-old who counted as a qualifying young person for CTC but who does not count as a qualifying young person for UC (because they have reached 1st of September after their 19th birthday):
Tools to help you check migrants' benefit entitlement
18 September 2024
To mark the release of the latest edition of our Benefits for Migrants Handbook, from 18 September to 18 November 2024 we’re offering free access to two of our tools so you can use them even if you don’t have a subscription:
Try them out and let us know what you think by emailing: [email protected]
Updates to the Debt Advice Handbook
13 September 2024
Key updates to the Debt Advice Handbook:
- Chapter 2/6. Challenging poor debt collection/The Consumer Credit Sourcebook: The FCA’s ‘consumer duty’ has been extended to ‘closed products’ with effect from 31 July 2024.
- Chapter 7/3. A-Z of benefits and tax credits/Social fund payments: New Alert: The winter fuel payment for 2024/25 will only be paid to people over pension age where the household is in receipt of pension credit or other DWP means-tested benefits.
- Chapter 10/3. Bankruptcy/How bankruptcy can affect a client/Motor vehicles: The replacement car value in bankruptcy has risen from £2,000 to £3,250.
- Chapter 11/2. Before starting court action/Alternative dispute resolution/Using the Financial Ombudsman Service: Ombudsman News issue 193 contains guidance for professional representatives (- eg, debt advisers) on referring a complaint to the Financial Ombudsman Service.
August 2024
New edition of Benefits for Students in Scotland Handbook
30 August 2024
The 2024/25 edition of the Benefits for Students in Scotland Handbook is now available and is free to access.
Test case update
27 August 2024
The Upper Tribunal has held that a Norwegian national with pre-settled status had a right to reside for the purposes of a joint claim for universal credit (UC) both as a self-employed person (on account of her taking steps to set herself up as self employed as at the date of her claim for UC) and as a self-sufficient person. See our test case update for details:
SSWP v VB and AD [2024] UKUT 212 (AAC), 13 August 2024.
New edition of the Benefits for Migrants Handbook
27 August 2024
Fully updated for 2024/25, the fifteenth edition of the Benefits for Migrants Handbook (for subscribers) is online now.
Updates to the Welfare Benefits and Tax Credits Handbook
23 August 2024
Updates to the Welfare Benefits and Tax Credits Handbook include:
Chapter 37 Winter fuel payments: Amended to reflect changes to the rules on winter fuel payments as introduced by The Social Fund Winter Fuel Payment Regulations 2024, SI 2024 No.869. In particular, from 2024 the previous rules are revoked, and in the new rules it is a condition of entitlement that the claimant (or partner in a couple) is entitled to specified means-tested benefit or tax credit. (Although the revocation of the old rules applies throughout Great Britain, the new rules in this regulation apply to England and Wales only: it is expected that identical changes will apply in Scotland.)
Latest articles
14 August 2024
The following new articles are all free to access online:
- Advice hacks - A combination of cuts and rising demand mean that time is a scarce resource for welfare rights advisers dealing with DWP benefits. Owen Stevens sets out various time-saving ‘hacks’ to help advisers achieve results quickly and efficiently.
- Tax credits after pension age – where now? - Mark Willis and Simon Osborne describe plans and legislation for ‘managed migration’ of tax credit recipients of pension age.
- Not finding fault: any ground revisions - Owen Stevens and Martin Williams consider issues with ‘any ground revisions’ of universal credit (UC) decisions. Typically, such issues arise where a decision awarding UC is incorrect when made due to the claimant not declaring the correct circumstances in a claim.
New issue of the Welfare Rights Bulletin
14 August 2024
The August 2024 edition of the Welfare Rights Bulletin (Issue 301) (for subscribers) is online now.
July 2024
Updates to the Benefits for Migrants Handbook
31 July 2024
Key updates to the Benefits for Migrants Handbook (for subscribers):
- Chapter 11/3. The right to reside/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 new DWP guidance.
- Chapter 16/4. Principles of co-ordination/The single competent state/sickness benefits/Determining the competent state for sickness benefits: replacement guidance memos on how to determine the competent state for specific disability and carer benefits if a member of the family is working in an EEA state.
New tool
22 July 2024
If you need your client to download information from their universal credit online account in order to advise them, use our new, free tool which generates step-by-step instructions for your client. It drafts a note which you can send to your client explaining how to find and download:
- the journal entries on their account;
- their claim details (including the date their claim was submitted and the details they gave when making the claim); and/or
- the payment statements showing how their award has been calculated.
Update to the Welfare Benefits and Tax Credits Handbook
12 July 2024
Updates to the Welfare Benefits and Tax Credits Handbook include:
- Chapter 27/7. Claims and backdating/Making a claim: HMRC is not accepting child benefit claims via the app, you must be registered with the Government Gateway to submit the claim form online.
Updates to the Debt Advice Handbook
11 July 2024
We've updated our Debt Advice Handbook. Key updates include:
- Chapter 9/Debt respite schemes/Breathing space scheme/Eligibility/Excluded debts: mortgage capital which has fallen due for payment as a result of mortgage arrears is not a qualifying debt for breathing space because it is a ‘secured debt which does not amount to arrears in respect of secured debt’ (Reg 5(4)(a) Debt Respite Regulations);
- Chapter 10/DROs/After the application is made/Reporting changes of circumstances: where a client acquires a vehicle during the moratorium with a value of up to £4,000 on or after 28 June 2024, the DRO Team says advisers should enquire how the client has managed to acquire a vehicle of greater value than a previous vehicle, or a new vehicle, given the DRO property, disposable income and borrowing limits.
Judicial review pre-action protocol template letters
5 July 2024
We have replaced our downloadable judicial review (JR) pre-action template letters with descriptions of them so that we can provide the most effective support with the pre-action protocol to advisers. You can still contact us for copies of the letters and we will help you draft them, check evidence and give you support with the judicial review process. Alternatively, if you want to use the arguments in the JR template letters to challenge the decision another way, we are happy to send copies of any of the letters to you.
Get in touch with our Judicial Review Project for support and help at [email protected].
New appeal submission template
1 July 2024
A new appeal submission template has been added challenging the 'erosion' of the transitional element when the amount awarded for the housing costs element increases because the claimant satisfies the overnight care condition:
Migration to UC tools and templates - Managed migration: transitional element
June 2024
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 and Money Advice Scotland, and with support from the Scottish government, 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 sheriff officers.
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.
Welfare Rights Bulletin - 300th edition
21 June 2024
This month we're celebrating the 300th edition of the Welfare Rights Bulletin, which is 50 years old. And as a thank you, we're making this birthday edition available free online.
We've also been through the archives and found the first ever edition. Take a look for yourself: CPAG's Welfare Rights Bulletin is 50
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:
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.
May 2024
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.
April 2024
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.
March 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.
February 2024
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:
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.
January 2024
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.