disability living allowance

  • Tribunals and PIP transfer errors

    Issue 265 (August 2018)
    article

    Ed Pybus looks at recent caselaw on how tribunals should treat disability living allowance (DLA) evidence on transfer to personal independence allowance (PIP).

  • Past presence test and aggregation rules

    Last updated: December 21, 2017
    test case

     Kavanagh v Secretary of State and Pensions CDLA/373/2016, 2016 [UKUT] 0547 (AAC)

    This appeal concerns the application of the ‘past presence’ test that requires disability benefit claimants to be resident in Great Britain for 104 weeks out of the 156 weeks prior to the claim. However, for claimants to whom an EU regulation applies, the past presence test is disapplied if they can establish a genuine and sufficient link to the UK social security system. Alternatively, they can seek to satisfy the 2 year rule by aggregating qualifying periods spent in another EU country under Article 6 of EU Regulation 883/2004. EU Regulation 883/2004 coordinates social security systems in the EU and Article 6 provides that certain periods of time spent in one member state can be aggregated when considering presence tests in another.

  • DLA for children

    Level: Standard

    training course

    Disability living allowance (DLA) is the main way of meeting the additional needs of many children yet it is under claimed and can be hard to understand. This course looks at the DLA rules as they apply to children. It considers how to fill in the form to get the best outcome for the child.

    This course covers:

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  • Benefits for disabled children and their families

    Level: Basic

    training course

    This half-day course offers practical advice on how to check that a family is getting all they should and how you can help them make claims effectively. It aims to give you an understanding of the benefits system, help you recognise important issues, identify points when a family’s entitlement may change and know when to refer for specialist advice.

    This course covers:

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  • Child tax credit and disability element

    Last updated: June 16, 2017
    test case

    Following a data match with DWP, HMRC discovered that 28 000 families, subsequently revised to 33 000, had not been receiving the disability element of child tax credit. While this might have been going on since 2011, HMRC was only prepared to back date the child element to the April 2016.

    CPAG is challenging the refusal to backdate payments further on the basis that the underpayments were caused by official error. The case is currently at the First tier tribunal. A hearing date has not been set.

  • Refugee children – Disability Living Allowance – past presence test

    Last updated: May 24, 2017
    test case

    Update 09/09/2016: the DWP has now issued guidance, DMG Memo 20/16 and ADM Memo 21/16, confirming that it will not be appealing against the Upper Tribunal decision and that the past presence test is no longer applicable to claims for disability living allowance, personal independence payment, attendance allowance or carer's allowance.

  • Night-time needs: DLA and children

    Issue 253 (August 2016)
    article

    Simon Osborne considers some recent caselaw about the disability living allowance (DLA) tests for attention/ supervision at night, in the context of the needs of disabled children.

  • Evidence, education and extra needs: DLA and children

    Issue 245 (April 2015)
    article

    Despite the introduction of personal independence payment, the Upper Tribunal continues to consider important issues in relation to disability living allowance (DLA). Jon Shaw looks at some recent cases with implications for children’s entitlement.

  • PIP: process, problems and pragmatism

    Issue 240 (June 2014)
    article

    Jon Shaw takes a look at some of the issues with the rollout of personal independence payment (PIP).

  • Disability Rights Handbook


    page

    Disability Rights Handbook

    Price £33.50 
    336 pages  ISBN 978 1 903335 68 0