legislation

  • Two child limit challenge

    Last updated: August 15, 2018
    test case

    The substantive challenge to the two child policy is now being appealed to the Court of Appeal and a request made for the matter to be expedited so as to be heard by the end of 2018.

    On 18 August 2017, CPAG issued a claim for judicial review in the High Court against the Secretary of State for Work and Pensions (SSWP) to challenge the two child limit, introduced by the Welfare Reform and Work Act 2016. Permission was granted on 17 October 2017 and the case was heard across two days on 6 and 7 February 2018.  Judgment was given on 20 April 2018 allowing the challenge in part.  The Court accepted CPAG's arguments that the ordering restriction on the kinship care exception was perverse and therefore unlawful.  The wider challenge to the policy as a whole was dismissed.  CPAG is appealing this aspect of the case to the Court of Appeal while the DWP has confirmed it will not appeal the finding on the ordering restricton and will be removing this restriction from both the kinship care and adopted children exceptions . Read the judgment and our statement about the judgment.

  • Legislation


    page

    The Scottish Government is introducing new legislation to underpin the new Scottish social security system.

    Timeline

    March 2016          Scotland Act 2016

    June 2018            Social Security (Scotland) Act 2018 

  • Using legislation and caselaw

    Level: Standard

    training course

    Advisers regularly deal with complex areas of social security and tax credits law. This one-day course explores some of the legal skills required by lay advisers, and gives information on different aspects of the legal system.

    The course covers:

    • Legal research skills – finding the law and legal precedents
    • Using legislation – acts, regulations and caselaw
    • Using the annotated guides – social security legislation (Sweet and Maxwell)
    • Interpreting legislation
    • Information on using the internet for legal research

     

    Read more
    Dates:
  • Stage 1 Social Security (Scotland) Bill Debate - Briefing Note for MSPs

    December 2017
    briefing

    A well-functioning social security system is a key pillar in the social and economic infrastructure needed for the prevention and eradication of poverty. The Social Security (Scotland) Bill is fundamental to the shape and direction of social security in Scotland. 

    This briefing note sets out CPAG's response to the Social Security Committee's report and highlights key areas where the Bill should be amended to strengthen the legislation.

     

  • Refusal to accept late mandatory reconsideration requests

    Last updated: September 25, 2017
    test case

    Update - 25 September 2017 - on 4 August 2017 a three-judge panel of the Upper Tribunal decided that, where a claimant makes a mandatory reconsideration request at any time within 13 months of the original decision, s/he will, if dissatisfied, subsequently be entitled to appeal to a First-tier Tribunal.

  • Tax credits and appeal rights

    Last updated: September 25, 2017
    test case

    Update - 25 September 2017 - on 14 June 2017 a three-judge panel of the Upper Tribunal decided that -

    'As soon as the Commissioners for Her Majesty’s Revenue and Customs have made a decision under section 18 of the Tax Credits Act 2002 for a tax year, any decision made under section 16 for that tax year ceases retrospectively to have any operative effect, any appeal that has been brought against that section 16 decision therefore lapses, the First-tier Tribunal ceases to have jurisdiction in relation to that appeal and that tribunal must strike out the proceedings.' (paragraph 1)

  • Promoting fairness? Lowering the benefit cap will push more families into poverty

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    This autumn the benefit cap will be cut, squeezing low-income families even further and pushing more people into poverty. The Welfare Reform & Work Act 2016 lowers the cap to £23,000 per annum for families (or £15,410 for single claimants) in London and £20,000 for families (or £13,400 for single claimants) outside of London. There are currently 3.9 million children living in poverty. Projections from the Institute for Fiscal Studies suggests that child poverty could rise by 50 per cent by 2020. Tightening the cap and taking away more support from low-income households will have a devastating effect on families and children.

  • Social Security Legislation


    page

    Each of these annual volumes includes all relevant statutory material, including the date and effect of amendments, with commentary taking account of decisions of the courts, the former Social Security Commissioners and the Upper Tribunal, and with easy reference to the definitions of key statutory terms. Tables of cases and decisions and a comprehensive index are included in each volume to assist the reader.

    A new Volume V (Universal Credit) was added to the series in March 2014 - details below.

  • Using legislation and caselaw

    Level: Standard

    training course

    Advisers regularly deal with complex areas of social security and tax credits law. This one-day course explores some of the legal skills required by lay advisers, and provides information on different aspects of the legal system. 

    The course covers:

    • Legal research skills – finding the law and legal precedents
    • Using legislation – Acts, regulations and caselaw
    • Using the annotated guides – Social Security Legislation (Sweet and Maxwell)
    • Interpreting legislation
    • Information on using the internet for legal research 

    Read more