CPAG looking for payment on account test cases.

Apologies if you’ve already had an email from CPAG on this but these things need the highest possible profile (and besides our posts are better because they include actual links :)).

CPAG is looking for cases where a claimant was awarded a payment on account at the start of their claim, which is now being recovered at more than 15% of their standard allowance.

The DWP have said that they do not believe that reg 11(2) of the Social Security (Overpayments and Recovery) Regulations 2013, which sets the maximum rate of deduction at 15%, applies to payments on account of benefit.

CPAG is looking for a suitable case to challenge this, as they are aware that a number of claimants are affected by high deductions. Please submit a referral form or email: testcases@cpag.org.uk

Blatant plagiarism in the name of a good cause.

GMWRAG noted the following posted on Rightsnet. We think this is too important to miss so we’re reprinting it in full below.

CPAG is partway through releasing a series of reports entitled Computer says “No” detailing problems arising in the automated UC system.  These hard-hitting reports wouldn’t be possible without your case studies, so thank you! It’d be great to receive some up-to-date examples which may contribute to the third and final report in the series.

1. Many of you have already seen our first Computer says “No” report detailing issues with UC statements [available here: http://www.cpag.org.uk/sites/default/files/Computer says ‘no!’ Stage one – information provision_2.pdf]

2. Our second report is due to be released next week, and will set out the problems encountered by claimants in challenging UC decisions (i.e. using the MR process). So do keep an eye out for it.

3. The third report will focus on how the DWP implements decisions (other than those concerning initial calculation of entitlement).  We’re interested to hear about recent cases of:
a) DWP delay in implementing Tribunal decision in UC
b) DWP delay or mistake in paying backdated UC entitlement
c) UC statements overwritten with corrected entitlement, not reflecting actual payments made
d) UC claim start date amended and assessment periods changed from start of claim
e) Possession case adjournments/ suspended orders requiring rent arrears payments lower than standard 10-20% deductions made in UC
f) Debt Relief Orders writing off UC Advances, or other debts, being ignored
g) Failure to apply legal judgments effectively e.g. Faulty SDP gateway, High Court Johnson assessment period ruling

The above are all issues that you’ve told us about before, but recent examples would help us ascertain whether they remain unresolved and if so, add to the strength of our report.

Many thanks for any and all contributions!

Best way to submit cases is our online EWS form: https://childpovertyactiongroup.wufoo.com/forms/m1vc0zeg1sr9zgh/
or email ews@cpag.org.uk

CPAG looking for test cases.

CPAG is looking for test cases. To be fair, CPAG is always looking for test cases. However…

Do you have a client who would be willing to be part of CPAG’s strategic litigation?

CPAG is looking for clients in the following circumstances:

1.    The date of claim for universal credit claimants who use the Help to Claim service operated by Citizens Advice.
CPAG is looking for a universal credit claimant who has used the Citizens Advice Help to Claim service co-located in a Job Centre and their date of claim is later than the date they requested the Help to Claim service.

2.    Benefit cap
CPAG is looking for a lone parent with a child under 5 who has been subject to the benefit cap in the past few months, hasn’t had the benefit of DHPs throughout and possibly has even had to move home because of the cap.

To refer a client living in England or Wales please complete CPAG’s referral form.

Salford City Mayor welcomes ‘national heroes’.

Sa;fprd City Mayor tweetA significant number of GMWRAG members enjoyed a fantastic day out in Greater Manchester on Friday the 1st of March 2019 at the 1st ever Salford NAWRA meeting hosted by Salford Welfare Rights and Debt Advice Service. at Swinton Civic Centre.

GMWRAG is hoping to provide a fuller report in due course but in the meantime we’d urge you to check out the great article about the forceful and passionate opening message from City Mayor Paul Dennett.

GMWRAG was unable to live stream any part of the event but we were pleased to see that social media was alive with great comments and uninspiring photography (we’re excepting the photo to our left and referring to the ones below). We’ve been assured that better images are on the way but then we’ve also been assured austerity is at an end!

Presentations from Everyday Equality are now available for download.

Alan Turing banner at LGBT Foundation in ManchesterGMWRAG is very pleased to say that all of our speakers at the recent Everyday Equality Act have now provided us with their presentations from the event for download. We also have a bonus presentation from Ryan Bradshaw of Leigh Day which was not available on the day.

Please note:

  • there are no minutes available for the January 2019 meeting. There were 14 speakers and the presentations below represent all the content available from the event bar images posted by @GMWRAGTweets and other attendees.
  • a number of presentations have been subsequently updated or revised by speakers. The versions on this site represent the most up to date versions.
  • all presentations are detailed below in this post but will be permanently available on our “Presentations and notes from GMWRAG meetings” page.
  • The minutes which would ordinarily be on our “Minutes” page link to the above page.
  • Some of the presentations have similar titles. Please be assured that all presentations are distinct. No content is repeated.

Jo Chimes, whose magnificent work was pretty much solely responsible for making the whole day happen, has also kindly added her own summary of the take away messages from the event and we’ve added that as well..

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.

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.

CPAG Welfare Rights Conference 2018 and some ideas for our October 2018 meeting in Trafford.

Welfare Rights Conference 2018

Universally discredited – How can we make the failing universal credit work for families?

In Manchester on Thursday the 13th of September 2018.

Book now

Despite a growing avalanche of evidence that universal credit (UC) is causing hardship and pushing thousands of children and their families further into poverty, the roll out of UC continues.

The National Audit Office found that one in every five claimants do not receive their full payment on time and the DWP’s own research highlights that just over half of claimants are able to register their claim online without assistance.

With ‘managed’ migration due to start in July 2019, the administrative and systemic problems with UC will only be magnified.

This conference will give delegates the opportunity to discuss the latest developments and hear from political leaders, policy makers and experts in the field on how best to support and advise UC claimants in such a hostile and challenging environment.

For more details on the planned workshops and programme, together with instructions on how to book your place, please see below.

Workshops

Delegates will have the opportunity to attend two workshops from the four listed below.

Claiming UC: now and under managed migration – “the one in five” failure rate 

Martin Williams, Welfare Rights Worker at CPAG

DWP Figures show 20% of people who attempt to claim UC are refused due to failing to attend or book an interview or for other administrative reasons. With the proposed regulations on “Managed Migration” requiring claimants of legacy benefits to submit claims for UC when notified to do so, rather than a process of automatically transferring them to the new benefit, this is particularly worrying.

In this workshop we will look at:

  • The UC claims process and how DWP handling of this issue arguably differs from what is in the regulations.
  • Challenging decisions “closing” claims.
  • The proposed managed migration rules on claiming and foreseeable problems claimants are likely to encounter when instructed to claim UC.
  • Possibilities for strategic litigation in this area.
Right to reside and habitual residence tests for UC
Rebecca Walker, Author and Trainer at CPAG
Many EEA nationals are being refused universal credit on the basis that they are not accepted as being habitually resident or having a qualifying right to reside – even when they were previously receiving legacy benefits.
This workshop will consider some of the current issues including:
  • The way the residence tests operate for UC
  • Issues for claimants previously receiving legacy benefits
  • Particular groups experiencing difficulties such as EEA nationals not considered to be working enough and those seeking to claim on the basis of a derivative right to reside
Tactics for dealing with UC sanctions
Dan Norris, Welfare Rights Worker at CPAG
Sanctions are a significant problem for the increasing number of universal credit claimants. Focussing on work related requirement sanctions, this workshop will give advisers the skills to support clients who have been sanctioned or are in danger of being sanctioned.
  • How the UC sanctions regime has increased pressure on claimants
  • How to agree work related requirements to reduce the threat of sanctions
  • Which temporary suspension of work related requirements can help your client
  • Reducing the duration of sanctions
  • Challenging sanctions
UC and disability
Simon Osborne, Welfare Rights Worker at CPAG, and Steph Pike, Acting Head of Advice and Rights at CPAG
This workshop looks at some of the main rules, problems and solutions regarding UC for people with disabilities. It aims to cover recent developments and also to allow participants to share experience and views.
Topics covered include:
  • The WCA and transfers from ESA to UC
  • UC and severe disability  – the latest
  • Problems and solutions in practice (work, study and others)
Programme
09.15 – 10.00 Arrival, registration, coffee and exhibition stand viewing
10:00 – 11.15 Host welcome and keynote speakers (tbc)
11.15 – 11.30 Refreshment break and viewing of exhibition stands
11.30 – 12.45 Workshops – morning session
12.45 – 13.30 Lunch and viewing of exhibition stands
13.30 – 14.45 Workshops – afternoon session
14.45 – 15.00 Refreshment break and viewing of exhibition stands
15.00 – 16.00 Panel discussion and Q&A
As a precursor to all of the above, attendees may wish to read CPAGs summary of the 8 main UC issues identified by their Early Warning System. Some, but not all, of these issues may be relevant to bring into the room for our October 2018 meeting in Trafford. Either way they’ll provide some focus to initial thoughts.
Confirmed Speakers

Manchester

Kate Green MP, Labour MP for Stretford and Urmston
Graham Witham , Director of Greater Manchester Poverty Action
Dr Lisa Scullion, Reader in Social Policy, University of Salford

Venue
Our Manchester venue is the University of Manchester Innovation Centre, Core Technology Facility, 46 Grafton Street, Manchester, M13 9NT
Our London venue is Herbert Smith Freehills, Exchange House, Primrose Street, London, EC2A 2EG
Exhibition Space

There will be an exhibition space hosting exhibitors showcasing their work, products and services. If you are interested in exhibiting, please email Sebastien at sclark@cpag.org.uk.

Booking a place

Delegate tickets, which include a choice of four expert workshops, teas, coffees, buffet lunch and conference materials, start from £150.00 for voluntary organisations and £195 for statutory and lawyers.

To book your place(s) please complete the online booking form here.

Please note that bookings cannot be processed until you have selected your workshops, and workshops will be filled on a first-come, first-serve basis.

Details of the next NAWRA meeting in Nottingham are now available.

NAWRA’s quarterly conferences are held around the UK and include keynote speakers, workshops and a range of networking and professional development opportunities.

Here are details of the next NAWRA meeting:

Date: Friday the 1st of June 2018
Time: 10am – 4pm (registration from 9.30am)Nottingham Trent University
Location: Nottingham Law School, Chaucer Building, Goldsmith Street, Nottingham NG1 5LP

The meeting is kindly hosted by Nottingham Law School Legal Advice Centre and Advice Nottingham. Our guest speakers will be Dr Tom Vickers of Nottingham Trent University, Tessa Gregory (Leigh Day Solicitors) and Elizabeth Davey (Equality and Human Rights Commission). There will be workshops on PIP case law, financial resilience and CPAG’s new Upper Tribunal Assistance Project.

Download the full agenda along with information about travel, accommodation and our social evening.

NAWRA meetings are free for members to attend. There is no need to book a place. Please let me know you have any access requirements.