legislation

  • Two child limit challenge

    Last updated: October 17, 2017
    test case

    Update - 17 October 2017 - permission has been granted for CPAG to apply for judicial review of the two child limit and the case will now go forward to a full hearing.

    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.

    On 6 April 2017, new rules came into force limiting the child element of child tax credit (CTC) and universal credit (UC) awards to two children. In CTC, this limit only applies to a third or subsequent child born on or after 6 April 2017; in UC the limit applies from 6 April 2017 (irrespective of when the child was born) though transitional protection applies to third or subsequent children born before 6 April 2017. There are a limited number of exceptions to this 2 child limit meaning that it does not apply to a third or subsequent child in the following circumstances: multiple births, adoption from local authority care, kinship care and children likely to have been conceived as a result of rape or a coercive or controlling relationship.

  • 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)

  • 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:

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    Dates:
  • 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