CPAG looking for more test cases.

CPAG is considering a challenge to the lower standard allowance within universal credit which is provided to parents aged under 25 as compared with those aged 25 and over.

Under the legacy benefit system, although there was a lower personal allowance for under 25 year olds, that did not apply to any claimant who was a parent (except lone parents aged under 18).

If you have a client who is

  • a universal credit claimant is a parent aged under 25 and
  • is living in England or Wales and
  • is subject to the lower standard allowance (whether single or in a couple and whether working or not) and
  • wants to challenge the lower rate of benefit they are receiving, please complete CPAG’s test case referral form.
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NAWRA would like to hear from you if you have had issues with Universal Credit and non-dependant deductions.

Last week, CPAG met with senior civil servants at the Department for Work and Pensions to discuss the concerns about universal credit which you have been raising on the Early Warning System. The officials were surprised to hear that claimants are still facing problems with housing costs contribution for non-dependents. Most importantly, they have undertaken to look at how they could fix these problems if we can send them some real life examples. This where we need your help: we need your case studies of clients affected by errors in paying the housing costs contribution.

On the Early Warning System  and at their Universal Credit Housing Costs seminar   in March you told us about the DWP telling clients that only the claimant can be exempted from housing costs contribution. They’ve also heard the opposite: that only the non-dependent’s circumstances are taken into account in determining whether an exemption applies. They have heard about housing costs contributions applied in respect of the wrong non-dependent or the wrong number of non-dependents and housing costs contribution applied in relation to children, partners and short-term visitors.

Advisers have told CPAG about exempted claimants suddenly finding housing costs contribution applied to their award without any explanation.

Other advisers have said that their clients are struggling because the amount of housing cost contribution has risen now they have migrated to UC and claimants who were exempted under legacy benefits are now subject to the deduction.

This is a genuine opportunity for advisers to tell senior civil servants how administrative errors and UC rules are affecting clients and to persuade the ministers to take action.

If your clients have been affected by errors in the administration of housing costs contribution, either now or in the past, please let CPAG know. They’d like to hear about clients who have lost out under the new housing costs rules when they migrated to UC. Equally, if you don’t have a specific client in mind, they’d be pleased to hear your general impressions: has your service seen a rise in enquiries about housing costs contributions or have you had to raise the issue at liaison meetings with the DWP?

You can contact CPAG on their easy-to-use case reporting form , by emailing ews@cpag.org.uk or by calling Dan Norris on 020 7812 5226. Tell CPAG what you think they need to know. They’re not looking for personal details: They need issues not names.

Join CPAG in taking this opportunity to improve the administration of housing costs contribution for UC claimants. Please do forward this request to your friends and colleagues.

The Equality and Diversity Forum launch “Practical Equality Rights in Welfare Benefits” handbook.

Equality and Diversity Forum have now launched their ground-breaking online handbook, Practical Equality Rights in Welfare Benefits Advice, to help everyone providing advice or information on welfare benefits to use equality rights to solve everyday discrimination problems. The handbook is part of the Everyday Equality project, funded by the EHRC.

What is the Practical Equality Rights in Welfare Benefits Advice handbook?

For welfare benefits advisers and information providers working in community groups and advice organisations, the handbook has tips and tools about identifying discrimination. For advisers we have case studies, checklist and tools to help you use the Equality Act to solve your client’s everyday problems in a practical way.

For advice managers, the handbook has a new guide about managing and improving the delivery of discrimination advice.

The handbook also includes a new guide to demonstrating the equality impact of welfare benefits advice, using the Equality and Human Rights Commission Measurement Framework, an A-Z of Equality Rights, a directory of equality resources, FAQs, four downloadable posters, and a downloadable ‘quick guide’.

What’s next?

They are developing a short set of materials to help advice agencies to use the new online handbook and to raise awareness with their advisers. If you are interested in piloting or using these materials please let us know: jo.chimes@edf.org.uk

They are hoping to run a small event later in the year, in Manchester. If you are interested in taking part or attending, please let them know: jo.chimes@edf.org.uk

They would be pleased to hear from you with questions, suggestions and feedback on the handbook. Please contact them at info@edf.org.uk.

View our online handbook or download our quick guide (pdf).

To stay in touch with their work, and for updates to the handbook:

Make Childcare Work – Save The Children are campaigning to make Universal Credit work better for families and need your help.

With thanks to our friends at Rightsnet for, as ever, drawing this to our attention.

Save the Children are currently running a campaign called Make Childcare Work which is all about fixing problems with how childcare support through Universal Credit works to make the system work better for families.

To help inform the campaign, they’re looking to speak to families who have experienced difficulties with the childcare element of Universal Credit e.g. who are concerned about what’s on offer, struggling with upfront costs or worried about how they’re going to be able to afford them.

If GMWRAG members can point them in the direction of families who are struggling with these issues and who would be happy to speak with Save the Children about their experiences that would very much support the campaign.

If you know of any families, or are happy to put a call out to advisers asking them if they work with any, then they’ve a short form that families receiving childcare support through Universal Credit can fill in at
https://www.surveymonkey.co.uk/r/PYMZG3M) or they can email ukcampaign@savethechildren.org.uk and they will arrange for a member of their team to speak with them.

In the meantime you can read their response to the Treasury Committee Report on Childcare here.

NB: GMWRAG reserves the right to change every instance of “advisor” to “adviser” in every post until you all get your act together 🙂

Foodinate! Do whatinate?

GMWRAG would like to draw members attention to Foodinate. No, us neither, until now. Soooo…. in case you haven’t heard of this yet. Order any item on the menu in a Foodinate that has been marked with a sticker… and enjoy your meal. For every sticker item sold the restaurant funds a nourishing meal for a local person in need. Thusfar that’s 23,335 meals and counting at the time of writing. Foodinate aims to match each restaurant with a food-giving charity in the same area, so the meals funded by each restaurant can be served to people in need in the same community.

Foodinate restaurants in  Manchester currently include:

Proove Pizza, 160 Burton Road, West Didsbury M20 1LH.

Both branches of Crazy Pedro’s (and if you don’t know where THEY are then clearly you’re not a Mancunian).

The Lead Station, 99 Beech Road, Chorlton M21 9EQ

Tariff & Dale, 2 Tariff Street, Manchester M1 2FN

George’s Dining Room and Bar, 17 to 21 Barton Road, Worsley M28 2PD.

Evuna (we’re not sure which one from the web site).

Don Giovanni, 1 – 2 Peter House, Oxford Street, Manchester, M1 5AN.

1761, 2 Booth Street, Manchester M2 4AT.

GMWRAG cannot guarantee that this list is up to date so check out the Foodinate web site itself and treat someone other than yourself.

Next meeting of the GM Living Wage Campaign

GM Living Wage Campaign hope you can join them on May the 22nd 2018 from 2pm – 3.30pm, at the Manchester Universities’ Catholic Chaplaincy, Avila House, 335-337 Oxford Road, M13 9PG. They are going to begin planning some action they hope will enable the Cooperative Group to agree to become an accredited Living Wage employer. The decision to target the Cooperative Group was decided at the last Campaign Meeting in March 2018.

Following this meeting, agreed actions will take place on May the 29th 2018 from 2pm onwards. They hope you can join them on both days. Alternatively, if you cannot attend on one or both days, but would like to get involved in other, future action, then please do get in touch via the contact details below.

Please join on May the 22nd and/or 29th. In the meantime should you have any questions, queries, comments or suggestions for the GM Living Wage Campaign, please get in touch via an email to Lynn or call 07948 549 485.

ESA Income Related backdating Appeals; Section 27 – your cases needed.

DWP is applying to strike out appeals against their decisions that backdating of the Income Related element of ESA should be limited to October 2014 in IB to ESA conversion cases.

HM Courts & Tribunals Service hope to deal with these applications en masse.

City of Wolverhampton Council Welfare Rights Service has been told that their case is now the lead case. They have been asked to collate as many examples of DWP applications to strike-out similar cases as possible and forward the details to HMCTS.

If you have a case the DWP is attempting to strike out please forward the appeal reference number to dan.manville@wolverhampton.gov.uk. NAWRA expect case management directions in due course.

These cases should not be struck out at present, as depending on what is decided in an ongoing case R(DS) v SSWP in the Upper Tribunal it may be that there is merit in these appeals. We need to alert the First-tier Tribunal to as many relevant cases as possible and seek to persuade them that the appropriate use of its powers under the Tribunal Procedure Rules is to stay similar cases pending the outcome of R(DS) v SSWP.

Leigh Day need case studies to support their JR case on lack of transitional protection in natural migration/

With thanks to our friends at Rightsnet for bringing this to our attention and now yours.

Tessa Gregory and Lucy Cadd from the law firm Leigh Day are bringing a judicial review challenge to the discontinuance of the Severe Disability Premium (SDP) and Enhanced Disability Premium (EDP) contained in legacy benefits when individuals are transferred, or ‘naturally migrated’, to Universal Credit (“UC”) without any transitional protection to cover the resulting significant shortfall to their income.

We represent two individuals who have lost their disability premia by virtue of moving house, into another UC full service borough. The two individuals are bringing anonymised claims and are known as ‘TP’ and ‘AR’, they both suffer from physical and/or mental health conditions. The loss of their SDP and EDP has resulted in a loss of approximately £200 per month, which is causing them significant financial and emotional hardship.

We have now reached the stage of the judicial review in which we need to collate and prepare supportive evidence. It would be helpful for the court to be provided with other case studies which show the broad and varied range of situations in which individuals are caught by the UC provisions, as well as the different impact that the loss of the SDP and EDP has had on peoples’ lives.

If any of your clients, or anybody you have been in contact with, have been moved on to UC as natural migrants, and have had their legacy benefits discontinued, in particular their SDP and EDP which had been paid through their ESA as a result of them being in receipt of DLA or PIP, we would be extremely grateful if you could provide a short summary of their situation which sets out how they came to be on UC and how the loss of their SDP/EDP is affecting them.

Please do not hesitate to contact us if you require any further information. Our contact details are Tessa Gregory – tgregory@leighday.co.uk and Lucy Cadd – lcadd@leighday.co.uk.

More information can be found at https://www.leighday.co.uk/News/News-2018/February-2018/Landmark-legal-challenge-to-Universal-Credit.

Improving Lives: The Future of Work, Health and Disability – a brief part 2. There will doubtless be more to follow!

Yeah, yeah, yeah. We do know it’s snowing on the GMWRAG web site. We do know it’s only the 1st of December. We do know a number of you will object because it may even be snowing and inconveniencing you as we write. Anyway…

Following on from our recent piece on the governments somewhat under thought response to the existence of the disability employment gap which, if you haven’t read it already, can be found at  https://gmwrag.wordpress.com/2017/11/30/the-nightmare-before-christmas-improving-lives-the-future-of-work-health-and-disability, GMWRAG is pleased to see the BBC stepping to the fore with it’s first article on the subject not being an analysis of what will or won’t work amongst the many small proposals.

Instead the BBC have published this pertinent little article that ignores most of the proposals and instead focuses on a point made in the original GMWRAG article and indeed made by many responding to the original green paper. The plain old problem of transport to and from work (see the next to last paragraph in our article.

Disability employment: The challenge of getting to work in a wheelchair is worth 5 minutes of your time next time and can be found at the link above.