Citizens Advice Specialist Support
November 2009
NEWS
Government makes new guarantees to
young people not in education, training or
employment
The Govt, in a debate on the Queen’s
speech, has guaranteed young people
not in education, employment or training
(NEETS) that from next year all 16-17 yr
olds will have a place in learning, that
young people unemployed for under a
year will be guaranteed a job or training,
the offer of online training courses and
work experience and a graduate
guarantee for high quality internship or
training or help into self-employment for
those out of work for 6 months. See
Commons debate on the Queen's speech
in Hansard.
£40m to tackle long-term unemployment
in the most deprived areas
The Govt has pledged £40m from the
Working Neighbourhood Fund to 61 local
authorities to tackle long term
unemployment in the most deprived
communities. See Dept for Communities
& Local Govt press release: £40 million to
lift long term jobless back into work.
Welfare Reform Bill receives Royal
Assent
The Welfare Reform Bill 2008-9 has
received Royal Assent. See Welfare
Reform Act 2009 at www.opsi.gov.uk
website for details and DWP press
release: More families will be lifted out of
poverty as landmark Welfare Reform Act
gets Royal Assent. The Act includes
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provision for increased conditionality,
including requiring work related activity
for ESA clmts and testing and treatment
for drug and alcohol users, the abolition
of IS, the abolition of adult dependency
increases for MA & CA, the power to
confiscate passports and driving licences
in child support cases and changes to
provision of services for disabled people.
Revenue sets out what it expects of those
using its services, and what they can
expect of it
The Revenue has published 'Your
Charter', which sets out taxpayers rights
and responsibilities in their dealings with
HMRC. See Your Charter on the HMRC
website and the Revenue’s press release:
HMRC launches new Charter.
Requiring lone parents with children aged
3 to 5 to carry out work-related activity
The Commons voted against a House of
Lords amendment to the Welfare Reform
Bill, which would have prevented
sanctions being applied to lone parents
with children aged 3-5, who failed to carry
out work-related activity. However, they
added an amendment that any proposed
regulations (within the next 5 yrs) relating
to work related activity for lone parents
with children aged under 7 yrs would be
put to both houses for debate. See
Commons debate and House of Lords
debate on the commons amendment on
Hansard website.
Community Allowance to be piloted in
three areas from next year
A DWP-funded Community Allowance
scheme is to be piloted in N.E. Lincs,
Portsmouth & the Isle of Wight and in
Manchester from January 2010, which
will allow IB & ESA clmts to be paid for
part-time community-building work,
without affecting their benefits. For details
see www.communityallowance.org and
Benefits that work on the New Economics
Foundation website.
Aligning payment of pensioner benefits
with working age benefits
The Government intends to align
payments for PC and retirement pension
from April 2010, with payment in arrears
on the same payday. See written
ministerial statement on Hansard website.
Work restrictions to continue for Bulgarian
and Romanian nationals
The Govt states that work (and benefit)
restrictions on A2 nationals will continue
until the end of 2011 and may be
extended for a further two years, in the
event of “serious labour market
disturbance.” See written ministerial
statement to Parliament on Hansard
website.
Access to Work changes to provide more
flexibility for those who require job
coaching
The Access to Work programme will be
able to offer more extensive job coaching,
particularly for people with learning
disabilities. This is in addition to other
existing schemes, such as supported JC+
Work Trials and Work Choice, which may
be appropriate for this client group. See
Minister's written answer to Parliament on
Hansard website.
Government failing single parents as
68,000 more moved to JSA
Gingerbread has criticised the Govt for
failing to provide its promised support to
help lone parents return to work. See
Gingerbread’s press release Welfare
Reform leaves single parents in a one-
sided deal and their report Signing on and
stepping up?
N.B. The Govt has proposed changes to
allow lone parents with a child under 12
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yrs old to restrict their availability for work,
to reflect their child’s school hours. See
written ministerial statement on Hansard.
New Social Fund Commissioner for Great
Britain and Northern Ireland
Karamjit Singh CBE has been appointed
Social Fund Commissioner for Great
Britain & Northern Ireland, for three years
from 01/12/09. See DWP press release:
New Social Fund Commissioner
appointed.
Revenue calls for employers to be flexible
on self-certification for SSP purposes
Employers are being encouraged by the
Revenue to be flexible about requiring
medical certificates (for SSP purposes)
during the swine-flu pandemic, to relieve
pressure on GPs. See Swine flu - self
certification and SSP on the Revenue’s
website.
CPAG welcomes Conservative Party
proposals for LHA reform
CPAG has welcomed the Conservative
Party’s proposals that tenants should be
allowed to opt to have their LHA paid
direct to their landlord and has urged the
Govt to adopt the proposal. See CPAG’s
press release: Child poverty charity
welcomes Conservative proposal to
restore choice on HB.
Military personnel in Wales to get
automatic second home council tax
discount
Military personnel, who own homes in
Wales but who live in MoD
accommodation elsewhere, are to qualify
for a 50% reduction in their Council Tax
(in line with the automatic second home
discount which already applies in England
and Scotland). The reduction In Wales
has been at the discretion of each local
authority. See BBCWales news report:
Council Tax discount for troops.
Less than half of Flexible New Deal sub-
contractors from the third sector
The Govt expects only 40% of Flexible
New Deal (FND) sub-contracts to be
awarded to the not-for-profit sector,
during the current phase 1 roll-out. This
is despite the Govt’s own data showing
that voluntary sector organisations
outperformed public and private sector
organisations in delivering Welfare to
Work schemes. Of the 14 prime FND
contractors 11 are from the private sector
(including A4E and Serco). See
Minister's Parliamentary written answer.
DWP/HB GUIDANCE
Date from which entitlement to housing
benefit and council tax benefit should
commence following award of pension
credit
HB/CTB Circular A20/2009 gives
guidance to HB Depts relating to the
recent Upper Tribunal decision
(CH/392/2009 - reported in our October
2009 Bulletin), regarding backdating of a
CTB claim (which would also apply to HB)
following an award of PC. The circular
states that, as the decision was at odds
with the original policy intention, the Regs
will be amended in due course. See
HB/CTB Circular A20/2009.
HB departments encouraged to use
'flexibility' of the legal framework in the
event of a swine flu pandemic
HB/CTB General Info Bulletin G19/2009
gives advice to HB Depts on maintaining
services during the swine flu pandemic
and in attempting to prevent delays in
payments, although it expects most local
authorities not to have to resort to making
payments on account or asking other
local authorities to help them out. See
HB/CTB General Info Bulletin G19/2009.
Power to recover official error
overpayments under common law
HB/CTB General Info Bulletin G19/2009
also refers to the recent Court of Appeal
case brought by CPAG, regarding
common law recovery of official error
overpayments: CPAG, R (on the
application of) Sec of State for Work &
Pensions [2009] EWCA Civ 1058 (14
October 2009) – reported in our October
2009 Bulletin. The guidance states that
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the DWP may appeal further to the
Supreme Court and that the decision
does not affect HB/CTB overpayments,
as they are not governed by s.71 of the
SSAA 1992. HB/CTB overpayments are
governed by s.75 & 76 of SSAA 1992,
which provide for HB/CTB to be
recoverable even where clmt has not
failed to disclose or misrepresented.
Therefore, the guidance states that
HB/CTB official error overpayments can
still be recovered except where clmt could
not reasonably have known they were
being overpaid. See HB/CTB General
Info Bulletin G19/2009.
Time limits for appealing to the First-tier
Tribunal
HB/CTB Circular A19/2009 refers to
amended First-Tier Tribunal rules,
regarding time limits for appeals. The
amendments, effective from 01/11/09,
confirm that a tribunal has no power to
extend the absolute time limit of 13
months and that a clmt has one month to
appeal from the date when notice of
refusal to revise is sent (although late
applications - up to 13 months – may be
considered). See HB/CTB Circular
A19/2009.
Changes to the treatment of expenses
paid to 'service users' and other
amendments to the Computation of
Earnings Regulations
DMG Memo 34/09 relates to recent
amendment of the Computation of
Earnings Regs contained in
S.I.2009/2678 (reported in our October
2009 Bulletin), which provides for certain
payments to “service users” to be
disregarded and aligns the definition of
royalties for means tested benefits. See
DMG Memo 34/09.
DMG Memo 37/09 also refers to
amendments in respect of “service users”
expenses, contained in S.I. 2009/2655 –
also reported in our October 2009 Bulletin.
Extension of the incapacity benefit work-
focused interview regime
DMG Memo 35/2009 relates to the
extension of the incapacity benefit work-
focused interview regime, outlined in
S.I.2009/1541 – reported in our July 2009
Bulletin. The guidance confirms that from
26/10/09, existing 18-24 yr old IB clmts,
who’ve claimed for 12 mths + in a
Pathways area, will be required to attend
3 mandatory WFI’s. See DMG Memo
35/09.
Increasing the lower capital limit for
pension credit and pension-age HB/CTB
DMG Memo 37/09 also refers to the
increase (from 02/11/09) to £10,000 in
the lower capital limit for PC & pension
age HB/CTB, amended by S.I. 2009/1676
(reported in our July 2009 Bulletin). See
DMG Memo 37/09.
Recent miscellaneous amendments to
means tested benefits
DMG Memo 37/09 also refers to various
misc.amendments, effective from October
2009, contained in S.I. 2009/2655
(reported in our October 2009 Bulletin).
See DMG Memo 37/09.
Retirement pension claims made by
transsexual claimants
DMG Memo 36/2009 relates to RP claims
by transexual clmts, especially those
receiving a gender recognition certificate
between female pension age and aged
65 yrs. See DMG Memo 36/09.
Sanctions in relation to participation in the
Flexible New Deal
DMG Memo 38/2009 relates to S.I.
2009/2710 (reported in our October 2009
Bulletin), which provides for a 26 week
sanction to be reduced to 4 weeks, where
a clmt agrees to comply with the FND
activities in their action plan. See DMG
Memo 38/09.
HB departments reminded that electronic
claims made outside a 'Chief Executive's
Direction' are not legally valid
HB/CTB General Info Bulletin G18/2009
reminds local authorities that electronic
claims and notifications can only be made
with the Chief Executive’s authorisation.
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See HB/CTB General Info Bulletin
G18/2009.
One-off payment for pensioners who lose
out as a result of changes to capital rules
HB/CTB Circular A17/2009 gives
guidance on the one-off extra statutory
payment of £40 to pensioners, who will
lose out from the increase in the lower
capital limit, provided for in S.I.
2009/1676. (Clmts receiving PC Savings
Credit only, with income which doesn’t
qualify for Savings Credit and with capital
over £6,000, may have a small reduction
in their PC entitlement due to the change.)
The one-off payment is non-taxable and
will be disregarded as income for PC &
HB/CTB and will be disregarded as
capital for 12 months. See HB/CTB
Circular A17/2009 and the explanatory
memo to S.I.2009/1676.
Social Fund cold weather payments for
winter 2009/2010
DMG Memo 33/09 relates to S.I.
2009/2649 – reported in our October
2009 Bulletin – which sets the Social
Fund Cold Weather Payments at £25 for
the winter of 2009/10 and also realigns
some postcodes with a more appropriate
weather station. See DMG Memo 33/09.
RESEARCH / REPORTS / SOCIAL
POLICY
Exploring claimant dissatisfaction with
Jobcentre Plus
The DWP has published qualitative
research following on from the 2007 JC+
Customer Satisfaction Survey, which
suggests areas for improvement,
including customer service focused staff
training, flexibility towards clmt’s
individual needs, more focus on helping
clients as well as conditionality, additional
resources to cope with the economic
climate and improving the complaints
system. See A qualitative study of
satisfaction and dissatisfaction with JC+ -
an exploration of issues identified in the
2007 Customer Satisfaction Survey with a
particular focus on those most likely to be
dissatisfied.
Fraud investigations into activities of
welfare to work contractors fail to uncover
systematic, organised wrongdoing
In its evidence to the Select Committee,
the DWP reports a combination of illicit
behaviour by individuals and inadequate
management oversight and controls on
the part of providers, following its
investigations into contracted out
employment programmes. Of 72
completed investigations (from April 2006
to April 2009) there were 14 cases of
possible deliberate false representations
relating to client’s signatures or details of
service provided, 16 “contract
compliance” irregularities, 5 investigations
referred to the police and others where
police referral was considered
inappropriate only due to the amounts
being under £2K or no clear culprit could
be identified. See DWP's evidence to
Work & Pensions Select Committee's
inquiry into the administration of
contracted out employment programmes.
Capacity of Jobcentre Plus to continue to
deliver quality services is of 'increasing
concern'
The chair of the Social Security Advisory
Committee (SSAC) has expressed
concern that JC+ and its partners are
showing “signs of strain” as a result of the
pressures caused by the current
economic climate. The SSAC also
remains unconvinced that sanctions-
based conditionality is effective in
motivating disadvantaged jobseekers and
prefers offering empowerment and
responsibility backed by real choices and
options. See the SSAC 2008/09 Annual
report on the SSAC website or via
Rightsnet news report of 10/11/09.
Real possibility that performance targets
are encouraging Pathways providers to
'park' those perceived as hard to help
DWP research suggests that
performance targets in “provider-led”
Pathways to Work areas encourage staff
to cherry pick easier to help clients and
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“park” those who are harder to help. Most
providers surveyed thought clients were
harder to help than they had anticipated.
See Provider-led Pathways: Experiences
& views of early implementation and
further new research into Pathways:
The impact of Pathways to Work on work,
earnings and self-reported health in the
April 2006 expansion areas.
Reporting changes in circumstances via
local Post Office branches
The DWP reports that a trial exercise,
where HB clmts could report (and have
validated) changes of circs via their local
Post Office, rather than having to attend
the council office, was well-received and
found to be more accessible and
convenient for most clmts. See HB Direct
Fraud and Error Special Supplement
(October 2009).
Work does not guarantee a route out of
poverty
The Joseph Rowntree Foundation’s
report Work and worklessness in
deprived neighbourhoods, challenges
policy assumptions that work is
necessarily a route out of poverty as low
paid workers often “have to juggle low
pay and unsociable working hours with
the demands of family life and they can
barely make ends meet.” The report
recommends that there “needs to be a
stronger focus on the quality of work on
offer.” See also JRF press release
Work does not guarantee a route out of
poverty - JRF study shows.
Closer working needed between the
Revenue and the DWP as older people
overpay £250 million in tax
The National Audit Office has
recommended closer working between
DWP and the Revenue in its report:
“HMRC: Dealing with the tax obligations
of older people”, to try to prevent older
people paying too much tax. See
NAO press release with link to the report
and also Press release from Low
Incomes Tax Reform Group.
Prescription of ischaemic heart disease
as a result of ionising radiation for
industrial injuries benefit purposes
The Industrial Injuries Advisory Council
(IIAC) has published its report into the
causal link between ionising radiation
(such as experienced at low levels by
workers in the nuclear industry) and
ischaemic heart disease. It concludes that
there is currently insufficient evidence
that a causal relationship exists at these
low levels, for prescription for IIDB
purposes, but will continue to monitor the
scientific evidence. See Consideration of
the evidence in relation to Ionising
Radiation and Ischaemic Heart Disease
on the IIAC website.
Evaluation of the Pension, Disability and
Carers Service partnership working
DWP research into the Pension, Disability
and Carers Service’s working relationship
with external organisations found more
satisfaction at the national level of
organisations than at local level. See
Pension, Disability and Carers Service
partnerships research.
CASELAW (in brief)
Enforcement proceedings in the County
Court where benefit tribunal failed to
address whether overpayment
recoverable
An appeal tribunal had decided that client
had been overpaid £46,000 in HB
between 2000 and 2003 but had not
made a decision regarding recoverability
from the clmt. In 2007, the local authority
sought recovery through the County
Court, under Civil Procedure Rule 70.5,
which was granted. Clmt applied to the
Court of Appeal, on the grounds that the
County Court had no jurisdiction on
matters of social security law. Court of
Appeal dismissed clmt’s application and
held that although the County Court did
not have the jurisdiction to decide
whether HB would be payable under
social security law, under CPR 70.5 it had
the power to decide whether a decision of
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the local authority still stood. Also the
client had had the opportunity to appeal
the tribunal’s decision or refer the matter
back to the tribunal. See Ghassemian v
Borough of Kensington & Chelsea [2009]
EWCA Civ 743 (08 June 2009).
Whether guaranteed minimum pension
should be deducted from claimant's total
additional pension
The Court of Appeal has rejected clmt’s
appeal in CP/2611/2007, against his
guaranteed minimum pension
(attributable to a contracted out
occupational pension) being deducted
from his Category A pension entitlement
(based on contracted in contributions).
Although Commissioner Rowland had
remarked that this seemed to be due to a
drafting error in the legislation, the Court
of Appeal held that there was no basis for
this contention and rejected clmt’s appeal.
See Wilkinson v Sec of State for Work &
Pensions [2009] EWCA 1111 (23 October
2009).
CSE/456/2009 — Descriptor 14(c) /
memory and concentration / meaning of
'activities which are so habitual as to be
second nature'
[2009] UKUT 230 (AAC)
Judge May · 06 November 2009
Clmt scored no points under the WCA; 3
descriptors were at issue. Judge upheld
the tribunal’s decision and accepted their
reasoning (regarding 8(d) – hearing) for
preferring the examining doctor’s
assessment (and clmt’s oral evidence)
over clmt’s statement on ESA50. Under
14(c) (memory & concentration), clmt’s
rep had contended that activities which
are so habitual as to be second nature
(such as attending regular AA meetings)
should be disregarded, when looking at
whether client needs prompting; however,
the Judge dismissed this contention and
held that the descriptor relates to the
management of overall day to day life and
no activities are proscribed. Under 15(d)
(execution of tasks), Judge accepted the
tribunal’s judgement (bearing in mind the
limited contra evidence from the clmt) that
client may be slower and less motivated
but would not take one and a half times
as long to carry out tasks, compared with
others.
CSIB/307/2009 — Whether claimant
had had an 'accident' for the purposes of
descriptor 15(g)
[2009] UKUT 213 (AAC)
Judge Gamble · 29 October 2009
Clmt, who had history of depression and
drug use, failed the PCA. Clmt’s rep
contended under descriptor 15(g), that
clmt had become agitated (due to the
side effects of his medication) and had
had an accident requiring 38 stitches after
“impulsively hitting his head with a
lampshade”, an action which was not
premeditated (immediately followed by
slitting his wrist with a knife). Judge
upheld tribunal’s decision and accepted
their conclusion that the clmt had
deliberately struck himself on the head
with the lampshade and therefore it could
not be described as an “accident”,
regardless of whether it had been pre-
planned.
CP/2234/2007 — Male-to-female
transsexual / earnings factors accrued
after age 60 / increase of pension for
deferment
[2009] UKUT 205 (AAC)
Judge Turnbull · 13 October 2009
Clmt was a male to female transexual
who paid N.I. conts until 65 yrs old (in
1998), when she drew her pension as a
man. Having gained a gender recognition
certificate in 2006, her pension was
reduced, on the grounds that the conts
paid after the age of 60 (a woman’s
retirement age) should be disregarded.
Judge allowed clmt’s appeal that, under
para 7(4) of schedule 5 of the Gender
Recognition Act 2004, conts paid for a
period before the gender recognition
certificate was issued can be taken into
account. Judge also held that clmt
should be entitled to an increase in her
pension as she had effectively deferred
drawing her pension until the age of 65.
CI/1009/2009 — Attempt to re-open
previously litigated issue / whether
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application for supersession or new claim
/ whether medical member of tribunal
needs to be specialist in field
[2009] UKUT 206 (AAC)
Judge Wikeley · 19 October 2009
Clmt had been assessed for IIDB based
on a foot injury in 1972, as being 3%
disabled (he had also claimed and been
awarded IIDB on the basis of separate
injuries to his back, for carpal tunnel
syndrome and allergic rhinitis). He had
applied for a supersession to increase the
award in 2003, 2005 and 2007 and
appealed the decisions. In 2008, he
sought leave to appeal to the
commissioners, which was refused as
there had been no error of law. He made
a fresh application for IIDB in 2008, which
confirmed the previous decision; clmt
appealed and having lost his appeal,
appealed to the Upper Tribunal. Judge
rejected clmt’s contention that inadequate
time had been allowed to hear his appeal,
that the medical member should have
been a foot specialist and that the tribunal
failed to take account of clmt’s “expert
medical reports.” Judge also considered
whether clmt had made a new claim or a
request for a supersession and concluded
that as he already had an existing award
(based on his other disablements), his
application was correctly treated as a
supersession request for his foot injury.
Judge also considered whether clmt
could repeatedly apply for supersessions
of each preceding decision (he had made
at least 25 previous appeals to the
Commissioners) and advised that future
first-tier tribunals should exercise their
case management powers under Rule 5
of Tribunal Procedure (1stTier Tribunal)
(Social Entitlement Chamber) Rules 2008,
to direct clmt to give detailed grounds for
any supersession request / appeal and to
strike out his case (under Rule 8), should
he fail to comply.
CIS/923/2009 — Funeral payment /
whether claimant's sister an 'immediate
family member'
[2009] UKUT 201 (AAC)
Deputy Judge Paines · 02 October 2009
Clmt claimed a funeral payment in
respect of her deceased sister, which was
rejected as there was another sister, not
in receipt of a relevant benefit and not
estranged from the deceased. Judge set
aside the decision, which had been based
on Reg 8 of the SFM&FE (Gen) Regs
2005, in that there was another
“immediate family member.” However,
Judge held that, under Reg 3, “immediate
family member” is defined as parent, son
or daughter; therefore the tribunal should
have decided whether the other sister
was in closer or equally close contact with
the deceased.
CIS/932/2009 — Claimant with two
mortgage protection policies / whether
payments under both should be
disregarded as income
[2009] UKUT 202 (AAC)
Deputy Judge Mark · 07 October 2009
Clmt received payments from 2 mortgage
protection policies, one paid directly to
the lender and one into clmt’s bank
account, which he then paid to the lender.
Judge held that the payments made from
clmt’s bank account (in respect of the 2nd
policy) were voluntary additional
mortgage payments and as such should
not be disregarded under para 29(1),
schedule 9 of IS(Gen)Regs 1987.
However, Judge stated that had both
policies been paid direct to the lender, his
decision may have been different.
CIB/1639/2009 — Use of medical
evidence obtained in connection with one
benefit in support of claim for a different
benefit
[2009] UKUT 208 (AAC)
Judge Pacey · 15 October 2009
Clmt failed the PCA and in her appeal,
cited DLA caselaw, in her defence that
she should not have been asked whether
she could walk to the local shops. Judge
accepts that medical evidence from one
benefit can be used as evidence for
another benefit but that the legislation
lays down separate tests, in relation to
the clmt’s walking ability. However, Judge
set aside the decision as the tribunal had
failed to give adequate reasons for
Page 8 of 11
deciding that clmt could walk for 200
metres before stopping or experiencing
severe discomfort.
CDLA/1162/2009 — Fair hearing /
relevance of 'extended civil restraint
order' to tribunal proceedings
[2009] UKUT 198 (AAC)
Judge Wikeley · 02 October 2009
Clmt was subject to an extended civil
restraint order (ECRO), regarding a
dispute over cavity wall insulation, which
prevented him from issuing new
proceedings in court or further appeals
without permission of the county court.
Clmt had therefore written several times
to the Tribunal Service explaining about
his ECRO and whether he needed the
court’s permission for him to attend his
DLA appeal tribunal hearing. The
Tribunal failed to answer his question and
he opted for a paper hearing. Clmt then
appealed to the Upper Tribunal, on the
grounds that he had been denied chance
to attend. Judge allowed his appeal as,
not only had the Tribunal Service failed to
repond to him, four of his letters were
excluded from the tribunal bundle so the
tribunal members were unaware of his
ECRO. Judge allowed clmt’s appeal and
confirmed that his ECRO would not
prevent him from attending his DLA
tribunal.
CIS/1316/2009 — Housing costs /
whether dwelling fit for human habitation /
whether claimant a 'disabled person'
[2009] UKUT 207 (AAC)
Deputy Judge Mark · 06 October 2009
Clmt had remortgaged her home to build
an extension; she claimed income
support but was refused housing costs for
the additional loan. Clmt appealed and
stated that the loan was for an extra
bedroom for her four children and an
upstairs bathroom and toilet needed
because of her disabilities. At a paper
hearing, the decision was upheld. Judge
allowed clmt’s appeal and remitted the
case for rehearing to consider whether
loan was eligible under schedule 3 of IS
(Gen) Regs 1987, namely whether the
loan was to make the home fit for
habitation (to accommodate her
disabilities) or to provide adequate
sleeping accommodation for her children.
CPC/1343/2007 — Whether claimant a
member of a 'religious order' and 'fully
maintained' by that order
[2009] UKUT 200 (AAC)
(Heard with CPC/3725/2007)
Three-Judge Panel · 08 October 2009
Clmt was a Benedictine nun, living in one
of several houses which shared an abbey,
although each house was autonomous
and received no financial support from
the Benedictine Order. Clmt’s house
derived income from a playgroup, nursing
home and payments received fom
another of the houses. She was refused
PC on the grounds that she was a
member of and fully maintained by a
religious order, under Reg 6 of the SPC
Regs 2002. The Judges decided that,
although no funds were provided by the
Order itself, the clmt was maintained by
the religious community within which she
lived. The clmt was bound by a vow of
poverty and took no personal benefit from
any income she generated, which was
held by the community for the use of the
community as a whole.
CH/577/2009 — Circumstances in
which lettings to tenants to whom support
is provided may be contrived tenancies
[2009] UKUT 150 (AAC)
(Heard with CH/578, 579, 580, 581, 582
& 583/2009)
Judge Turnbull · 04 August 2009
Clmt applied for HB in 2007, based on a
rent of £207.55, including personal care
and support & breakfast, the landlord
being Project SJR. HB was awarded but
accommodation was not accepted as
being “exempt.” In 2008, clmt submitted
new claim for same accomodation, with
rent of £200, including support costs but
with a different landlord – GCS. HB was
refused on grounds that tenancy had
been created to take advantage of HB
scheme (and that accommodation was
not exempt). A Tribunal allowed clmt’s
appeal but local authority appealed the
decision. Judge Turnbull upheld the
Page 9 of 11
tribunal’s decision and held that merely
letting to tenants needing support (to get
a higher rate of HB) did not constitute
abuse of the HB scheme (unless the rent
had been unfairly high). The local
authority accepted that GCS was a
voluntary organisation and the tribunal
had found that they were providing
needed care and support to the tenants.
CIB/1048/2009 — Whether
adjournment appropriate where previous
PCA 'not currently available'
[2009] UKUT 196 (AAC)
Judge Lane · 30 September 2009
Clmt appealed the decision that she had
failed the PCA. The decision maker
acknowledged that clmt had had a
previous PCA medical but that the
documents were not available. Clmt
appealed to Upper Tribunal Judge, who
held that tribunal had erred in not
adjourning to allow the DWP’s archives to
be searched for the missing documents.
Judge highlights that, although claim
documents after 2 years are weeded and
sent to remote storage, submission
writers should always retrieve them,
where clmt appeals on the grounds that
there has been no deterioration (or
indeed a worsening) of their condition.
CIB/2907/2008 — Regulation 27 /
whether claimant required 'major'
operation / test of 'substantial risk to
health'
[2009] UKUT 101 (AAC)
Judge Paines · 04 June 2009
Clmt failed PCA and a tribunal confirmed
the decision and decided that Reg 27
(exceptional circs) did not apply. Judge
allowed clmt’s appeal but substituted his
own decision to the same effect. Although
clmt was awaiting an operation on his
knee, Judge held that this was not a
“major” operation. He also held that
clmt’s alcohol dependance and problems
with his knee would not constitute a risk
to the clmt or others should he be found
capable for work.
CIS/595/2009 — Diminishing capital
rule / application to successive claims
[2009] UKUT 193 (AAC)
Judge Ward · 16 September 2009
Clmt claimed IS between 17/05/01 and
27/06/05 and then reclaimed from
11/07/05. He was discovered to have
capital of £27,000 together with some
shares and it was decided that he had
been overpaid IS on both claims. Judge
considered the application of the
diminishing capital rule and held that the
rule applied to the first claim so as to
reduce his capital to £6638,76 by
27/06/05. However, although the gap
between the 2 claims was only a matter
of weeks, for the second claim, the actual
capital had to be taken into account
rather than the diminishing capital figure,
as the diminishing capital figure is a
notional figure for the purposes of
calculating the overpayment only.
CJSA/3705/2008 — Whether
statement in JSA agreement of type of
work sought amounts to a restriction on
availability / good cause for failing to
apply for vacancy
[2009] UKUT 177 (AAC)
Judge Turnbull · 15 September 2009
Clmt was qualified in admin and typing
and had signed a Jobseekers Agreement
stating she was seeking work as a clerical
assistant, data input, fing & records clerk.
She failed to apply for a checkout
operator vacancy and was sanctioned for
18 weeks, reduced to 6 weeks on appeal.
Judge dismissed clmt’s appeal and held
that the Jobseekers Agreement states the
types of work clmt is looking for but does
not preclude them from applying for other
types of work.
NEW LEGISLATION
Requiring crisis loan living expenses
applications to be made in person
The Social Fund (Applications & Misc.
Provisions) Amendment Regs 2009
(S.I.No.2009/3033), effective from
14/12/09, provide for the DWP to require
crisis loan applications to be made in
person at a DWP office, in certain
Page 10 of 11
circumstances e.g. repeat applications for
living expenses. See S.I. 2009/3033.
Aligning the definition of a child for
maintenance purposes with entitlement to
child benefit
The Child Support (Misc.Amendts)(No.2)
Regs 2009 (S.I.No.2009/2909), effective
from 10/11/09, realign the definition of
“child” for the purposes of child
maintenance with that for child benefit
(where child benefit is payable up to the
age of 19 yrs, the child is also a qualifying
child for child maintenance purposes).
See S.I.2009/2909.
Miscellaneous working tax credit and
child tax credit amendments
The Tax Credits (Misc. Amendts) (No.2)
Regs 2009 (S.I.No.2009/2887), effective
from 21/11/09, include clarifying that
relevant childcare charges don’t include
foster care charges, disregarding
payments under the DWP’s “Future
Capital” pilot scheme, amend the Claims
Regs to substitute 93 days for “3 months”
backdating in certain cases. See
S.I.2009/2887.
DWP access to information from the
National Identity Register without a
person's consent
The Identity Cards Act 2006 (Provision of
Information without Consent) Regs 2009
(S.I.No.2009/2793), effective from
20/10/09, provide for The DWP (and
other Govt Depts) to access info (without
the person’s consent) recorded on the
National Identity Register, to assist with
“the prevention, detection, investigation or
prosecution of offences relating to social
security.” See S.I.2009/2793.
Service of council tax notices and
information by electronic communication
The Council Tax & Non-Domestic Rating
(Electronic Communications)(Wales)
Order 2009 (S.I.No.2009/2706), effective
from 31/10/09, provide for electronic
service (to people who have agreed) and
display on its website of specified notices
relating to billing and liability. See
S.I.2009/2706.
Supporting People and information Benefits Overview 15/12/2009 Cardiff
sharing under Section 42 of the Welfare Appealing to the
Reform Act 2007 upper tribunal 16/12/2009 Liverpool
The Welfare Reform Act (Relevant Housing Benefit -
the tricky bits 16/12/2009 London
Enactment)(Wales) Order 2009
Benefits & mental
(S.I.No.2009/2687), effective from health 17/12/2009 Leeds
09/11/09, enables Welsh local authorities Employment &
to access benefits entitlement data for support allowance 11/01/2010 Leeds
tenants under the Supporting People Tax Credits - the
scheme. See S.I.2009/2687. tricky bits 13/01/2010 Newcastle
Challenging
decisions 14/01/2010 Liverpool
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Benefits overview 18/01/2010 Leeds
If you would like your own copy of future Challenging
regional Bulletins to be emailed to you, decisions 22/01/2010 Birmingham
please forward your name, organisation,
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support allowance 28/01/2010 Birmingham
The emailed Bulletin gives you more HRT & the right to
direct links to legislation, upper tribunal reside 02/02/2010 Birmingham
and higher court decisions and news Housing Benefit
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SUBSCRIPTION FEE Employment &
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Page 11 of 11