Welfare rights briefings

This page contains welfare rights briefings and CPAG's responses to government consultations.

• Visit our policy briefings page for further briefings and consultation responses.
• Visit our welfare reform page for press releases, briefings and articles about the Welfare Reform Green Paper.

Updated May 2008
Welfare Benefits, Tax Credits, and National Insurance Numbers (NINos)

• This factsheet and sample letters are intended for use by advisers. The law on some of the issues discussed is complex, and advisers will need to seek specialist advice where necessary.
• Welfare Benefits, Tax Credits, and National Insurance Numbers (NINos)

May 2008
The Path to Citizenship: next steps in reforming the immigration system
Response by the Child Poverty Action Group

• CPAG responds to proposals to change immigration law to lengthen the time that people who have come from abroad have to wait before having access to benefits. The briefing examines the proposed changes and looks at the benefit consequences for those affected. It concludes that CPAG would like to see all migrants and their children have access after six months (thus excluding visitors and holidaymakers).
• The Path to Citizenship: CPAG response (77 KB PDF file)

May 2008
The Social Security (Miscellaneous Amendments) Regulations 2008
Submission by the Child Poverty Action Group to the Social Security Advisory Committee

• CPAG strongly opposes proposals to restrict the time for claiming Pension Credit and the period of backdating allowed for Housing Benefit. This submission is backed up by 60 case studies sent to CPAG by advisers.
• The Social Security (Miscellaneous Amendments) Regulations 2008: CPAG response (606 KB Word doc)
• The Social Security (Miscellaneous Amendments) Regulations 2008: CPAG response (371 KB PDF file)

February 2008
Transforming Tribunals: Implementing Part 1 of the Tribunals, Courts and Enforcement Act 2007
Comments of the Child Poverty Action Group

• 'Transforming Tribunals' is a consultation paper on implementing Part 1 of the Tribunals, Courts and Enforcement Act 2007. This brings in important reforms to the Tribunal system, which hears disputes between benefit claimants and the Department for Work and Pensions about benefit entitlement. The consultation sets out proposed changes to the structure, administration and location of tribunals, but leaves out important issues about legal aid, jurisdiction and dealing with urgent cases.
• View the consultation document on the Ministry of Justice website
• Transforming Tribunals: CPAG's response (115 KB Word doc)
• Transforming Tribunals: CPAG's response (67 KB PDF file)

December 2007
Tax appeals made against HMRC

• This paper is CPAG's response to the Government's consultation on tax appeals. It deals only with aspects of the consultation relating to tax credits, as this is CPAG's focus of interest and expertise. View the consultation document on the HMRC website
• Tax appeals made against HMRC (74 KB Word doc)
• Tax appeals made against HMRC (35 KB PDF file)

December 2007
Benefit simplification: parliamentary briefing

• This briefing paper, written for a parliamentary debate on 5 December 2007, summarises CPAG's views on benefit simplification. View the debate online.
• Benefit simplification: parliamentary briefing (77 Kb Word doc)
• Benefit simplification: parliamentary briefing (49 KB PDF file)

July 2007 updated October 2007
Challenging 'Right to Reside' decisions

• This information item is intended for use by advisers representing at tribunal or commissioners and is therefore complex. For advisers new to this area we suggest looking first at the Welfare Benefits and Tax Credits Handbook or else the Migration and Social Security Handbook which gives an overview of the the Right to Reside test.
• This area of law is new and many areas remain untested. We aim to update the guidance on a regular basis and welcome your comments both on usability and on the success or failure of particular arguments at tribunal or commissioners. Please could advisers send any comments to Pamela Fitzpatrick (pfitzpatrick@cpag.org.uk)
• Challenging ‘Right to Reside’ decisions. NB: this item is currently being updated: a new version will be available on this site soon.

June 2007
Women and Incapacity Benefits

• This briefing, published by the Women's Budget Group and CPAG, explains how women are affected by the rules and operations of incapacity-related benefits in different ways from men - both as claimants and as the partners of claimants. It outlines key areas where incapacity benefits policy needs to be re-thought and inequalities addressed.
  
  
• Read the briefing on the Women's Budget Group website

May 2007
The Freud Review: Reducing dependency, increasing opportunity: options for the future of welfare to work

• This submission, written for the Department for Work and Pensions, responds to the proposals within David Freud's review of welfare to work policies. Though it welcomes emphasis given by Freud to sustainability in employment, it raises serious concerns about the potential risks associated with many of the proposals, particular those which extend conditionality on lone parents and highlights the dangers associated with greater contracting out of job centre plus services.
  
  
• The Freud Review: Reducing dependency, increasing opportunity: options for the future of welfare to work (141 KB Word doc)
• The Freud Review: Reducing dependency, increasing opportunity: options for the future of welfare to work (244 KB PDF file)

May 2007
Tax Credits Adjournment Debate 16.05.07
Briefing for MPs

• This briefing written for an adjournment debate on tax credits lays out some continuing concerns around the tax credit system with suggestions for further policy reform.
  
  
• Tax Credits Adjournment Debate: Briefing for MPs (68 KB Word doc)
• Tax Credits Adjournment Debate: Briefing for MPs (55 KB PDF file)

February 2007
Benefit delivery in the 21st century
Report of CPAG conferences

• CPAG's annual rights conference in 2006 focussed on the delivery of welfare benefits in the 21st century. Attended by over 130 delegates, it covered the following areas: increasing reliance on technology; the drive for greater efficiency (and a reduction in DWP staffing levels); the moves towards a ‘call-centre’ model, central processing, and ‘joint working’; continuing welfare reform; and the different forms of dispute resolution.
  
  
• CPAG conference report 2006: Benefit delivery in the 21st century (215 KB PDF file)

September 2006
Jobcentre Plus: changes to service delivery
A view of how the changes have affected claimants and advisers at local advice centres

• CPAG decided to monitor the quality of service by Jobcentre Plus (JCP) in depth following the introduction of a new system. This report is based on detailed feedback from seven independent agencies providing welfare rights advice and advocacy services to members of the public.

  CPAG's conclusion from this small qualitative survey is that the new system was introduced too hastily and without the recognition that a sizeable number of JCP claimants have special needs who cannot access a telephone claims process because of language and disability barriers. Its introduction has caused hardship to some claimants who have been reduced to reliance on food parcels or haphazard social fund crisis loans while awaiting the outcome of long delayed benefit claims. It has also undermined the role of advisers who play an important role in ensuring that some of the most vulnerable in society obtain the benefits to which they are entitled. CPAG urges the Government to rethink its strategy and consult on the best way of reforming the system of delivery of benefits.

• Jobcentre Plus: Changes to service delivery (453 KB Word file)
• Jobcentre Plus: Changes to service delivery (208 KB PDF file)

September 2006
Consultation Response to the Social Security Advisory Committee on The Social Security, Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) (No XX) Regulations 2006 – “Advance Claims for Habitual Residence”

• CPAG's response to SSAC's consultation on the DWP's attempt to amend the claim rules to make advance claims for habitual residence impossible criticises the changes as unnecessary, mean-spirited and discriminatory. The document is available to download in Word or PDF formats:
• Response to SSAC's consultation on "Advance Claims for Habitual Residence" (74 KB Word file)
• Response to SSAC's consultation on "Advance Claims for Habitual Residence" (43 KB PDF file)

September 2006
Comments on the President of Social and Child Support Appeals Tribunal’s draft Statement of Good Pre-Hearing Practice for Guidance and Assistance of Those Representing Appellants at Tribunals

• This response by CPAG to the draft code of practice for appellants' representatives concludes that the document in its current form needs much work before it should be issued. The document is available to download in Word or PDF formats:
• Response to draft COP for tribunal representatives (104 KB Word file)
• Response to draft COP for tribunal representatives (67 KB PDF file)

July 2006
Welfare Reform Bill: Second reading briefing from CPAG

• This response to the Government's Welfare Reform Bill was written for the Second Reading of the Bill on 24 July 2006. It summarises CPAG's position on the Government's welfare reform proposals. It also responds to some of the more detailed proposals in the Bill, for example those regarding housing benefit. The document is available to download in Word or PDF formats:
• Welfare Reform Bill: Second reading briefing (80 KB Word file)
• Welfare Reform Bill Second reading briefing (55 KB PDF file)

October 2005
"Making Legal Rights a Reality: The Legal Services Commission's Strategy
for the CLS
Response of Child Poverty Action Group

• In this response to the Legal Services Commission's consultation, CPAG supports the desire to focus on the rights of individuals and to develop legal and advice services to uphold these rights. However, much of the vision set out in the proposed strategy is constrained by an inadequate pot of funds. CPAG therefore calls for an increase in funding to properly reflect the vast contribution and savings made to society by the legal and advice sector. The document is available to download in Word or PDF formats:
• Making Legal Rights a Reality: CPAG's reponse (136 KB Word file)
• Making Legal Rights a Reality: CPAG's reponse (197 KB PDF file)

  More detail on the consultation can be found on the LSC website http://www.legalservices.gov.uk/civil/docs_for_consultation/civil.asp#reality

October 2005
First Steps to Reform Tax Credits (143 KB Word file)

• The Child and Working tax credits have brought with them significant resources for families with children and are key to delivering the reductions in child poverty promised by the Government. However, the first two years have been dogged by serious problems especially around the recovery of overpayments and poor administration by HM Revenue & Customs. These problems have hit low income families hardest – in First Steps to Reform Tax Credits, CPAG lays out six practical steps to ensure that the tax credit system works in favour of low income claimants.

September 2005
The Use and Value of Oral Hearings in the Administrative Justice System – Comments of the Child Poverty Action Group on the Council on Tribunals Consultation Paper (128 KB Word file)

April 2005
'Healthy Start' CPAG's response to consultation by the Department of Health on the draft regulations (110 KB Word file)

• This paper gives the reasons that in CPAG's view these proposals do not meet any of consultation document's own "key principles for success". In brief these are; deterrent effect, speed and decisiveness, fairness, practicality, reduction of social exclusion, compatibility with the ECHR. On the contrary they are likely to be ineffective, uncertain, arbitrary, unfair, impractical, and will have the effect of increasing social exclusion. We would urge the Department to abandon them.

• This leaflet and sample letters are intended for advisers to use as a guide. The law on some of the issues discussed is complex, and advisers will need to seek specialist advice where necessary.

• It is CPAG's view that asylum seekers who are able to work should be able to do so and that social security benefits entitlement ought to arise on the basis of need rather than immigration status. Addressing these issues will considerably reduce the current public and media panic about asylum seekers. It is the responsibility of government and opposition parties to stem this unprecedented level of racism and xenophobia.

Archived briefings

Briefings are used in CPAG's lobbying work.