Welfare Benefits Newslatter 11-2009

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 Page 1 of 11

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 onesided 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 Page 2 of 11

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 subcontractors 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 Page 3 of 11

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 workfocused interview regime

DMG Memo 35/2009 relates to the extension of the incapacity benefit workfocused 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. Page 4 of 11

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 sanctionsbased 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 Page 5 of 11

“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 Page 6 of 11

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 preplanned. 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 Page 7 of 11

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.

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.

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

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 sharing under Section 42 of the Welfare Reform Act 2007 The Welfare Reform Act (Relevant Enactment)(Wales) Order 2009 (S.I.No.2009/2687), effective from 09/11/09, enables Welsh local authorities to access benefits entitlement data for tenants under the Supporting People scheme. See S.I.2009/2687.

EMAILED BULLETIN If you would like your own copy of future regional Bulletins to be emailed to you, please forward your name, organisation, postal and email addresses and direct telephone contact number to [email protected]. The emailed Bulletin gives you more direct links to legislation, upper tribunal and higher court decisions and news items. SUBSCRIPTION FEE Please note that our Welfare Benefits Bulletin is free to bureaux (who pay a membership fee to Citizens Advice which helps to fund our specialist service). We have received several enquiries from non-bureaux asking to be added to our mailing list. As we are not funded to support non-bureaux, there is a small annual subscription fee, which entitles organisations to receive an electronic version of the monthly Bulletins. For further details, please email [email protected]

ADVISER TRAINING COURSES There are vacancies on the following welfare benefits courses being delivered at venues across the country: Course Name Housing Benefit Overview Page 11 of 11

Venue 04/12/2009

Date London

Benefits Overview Appealing to the upper tribunal Housing Benefit the tricky bits Benefits & mental health Employment & support allowance Tax Credits - the tricky bits Challenging decisions

15/12/2009

Cardiff

16/12/2009

Liverpool

16/12/2009

London

17/12/2009

Leeds

11/01/2010

Leeds

13/01/2010

Newcastle

14/01/2010

Liverpool

Benefits overview Challenging decisions

18/01/2010

Leeds

22/01/2010

Birmingham

In work benefits

25/01/2010

Leeds

28/01/2010

Birmingham

02/02/2010

Birmingham

03/02/2010

Liverpool

05/02/2010

Birmingham

10/02/2010

Cardiff

10/02/2010

Liverpool

11/02/2010

London

17/02/2010

Leeds

17/02/2010

Exeter

22/02/2010

Leeds

Employment & support allowance HRT & the right to reside Housing Benefit Overview DLA & attendance allowance Employment & support allowance Housing benefit the tricky bits Introduction to Welfare Benefits (5 day course) HRT & the right to reside Tax Credits - the tricky bits Overpayments: understanding & challenging

Book a place on both our 'Housing Benefit Overview' and 'Housing Benefit the tricky bits' courses and save 20% on the total cost. For further details, to book a place and to view our new programme visit: www.citizensadvice.org.uk/advisertraining