Welfare Rights Bulletin (200 October 2007)

• A guide for appeal representatives
  The Tribunals Service has issued a guide for representatives at social security appeal tribunals - Good practice guidance for those who appear before appeal tribunals. It was issued on 3rd August 2007, just over 12 months since the first draft of the guide was issued, and has undergone a substantial re-write following the consultation with representatives from the National Customer Representative Liaison Forum. The published version is a significant improvement on earlier drafts. Edward Graham outlines the main points.

• Incapacity and 'substantial risk'
  Simon Osborne looks at various approaches to applying the ‘substantial risk’ provision that is part of the test for incapacity for work.

• Tax credit administration errors
  On 25 July 2007, the Financial Secretary to the Treasury, Jane Kennedy MP, issued a statement relating to administrative errors concerning some finalised awards for 2003/04, 2004/05 and 2005/06. The finalised award is a conclusive award and can only be revised under certain legal provisions. However some finalised awards were corrected – following information passed to the Revenue – using an incorrect procedure. Beth Lakhani looks at what this means for the awards concerned and provides some detail of the enquiry process.

Also in this issue:

• News in brief
  
• Housing benefit sanctions for anti-social behaviour
  You may have hoped you had seen the last of housing benefit (HB) sanctions for anti-social behaviour when the DWP dropped the idea following widespread opposition in response to consultations in 2003. Regrettably, sanctioning is back in a modified form in section 31 Welfare Reform Act 2007. Sarah Clarke sets out the measures to be piloted in eight local authorities from 1 November 2007.
  
• The importance of industrial injury benefits
  Pamela Fitzpatrick outlines the basics of the industrial injury benefits scheme and highlights its importance for today’s workforce.
• Inspecting the inspectors
  In the latest of an occasional series of articles looking at the decisions of social fund inspectors (see Bulletins 196 and 197), David Simmons looks at some recent cases relating to the assessment of priority for the award of community care grants.
• Council tax benefit – not ‘benefiting’
  During the summer the Communities and Local Government Committee held an inquiry into council tax benefit. Its report, Local Government Finance: council tax benefit, Eighth Report of Session 2006–07, was published at the end of July 2007. Paula Twigg summarises the main conclusions and recommendations.
• Question and answer
• Handbook update
• Legal section
• Commissioners' decisions
• Training

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