CHALLENGING DECISIONS AND PREPARING FOR APPEALS

Using legislation and caselaw

LDFY0210      10.00am – 4.30pm       20 January 2011
LDFY0111      10.00am – 4.30pm       20 July 2011
LDFY0211      10.00am – 4.30pm       1 February 2012

Many advisers find that they need to deal with complex areas of law but have little training in how to access the law. Advisers need to be confident in using social security legislation and case law when challenging decisions and preparing cases for appeal. The task can sometimes be daunting – it is not always easy to find what is relevant. This course is an invaluable introduction to:

using legislation - Acts, regulations and case law;
interpreting legislation and applying it using the annotated guides.

The course is suitable for those who have experience of using CPAG’s Welfare Benefits and Tax Credits Handbook.

“A good day, thank-you. I will be recommending the course to another colleague”

Level Standard
Tutor Essie Rashidschi
CPD hours 5
NOS LA50

CPAG Publication

Welfare Rights Bulletin

Challenging tribunal decisions

LDTM0210        10.00am – 4.30pm         16 February 2011
LDTM0111        10.00am – 4.30pm         13 July 2010
LDTM0211        10.00am – 4.30pm         23 February 2012

This is an essential course for anyone who wants to challenge tribunal decisions effectively. Through case examples, it covers:

understanding ways to challenge First-tier Tribunal decisions: set-asides, reviews and permission to appeal;
the procedures for appealing to the Upper Tribunal;
finding the relevant law;
understanding statements of reasons for decisions;
identifying grounds for appeal to the Upper Tribunal: understanding errors of law;
hearings before the Upper Tribunal.

Some knowledge of the tribunal system is assumed.

Level Experienced
Tutor Martin Williams
CPD hours 5
NOS LA 50

CPAG Publication

Welfare Rights Bulletin

Representing at First-tier tribunals

LDAT0210 10.00am – 4.30pm 23-24 March 2011
LDAT0111 10.00am – 4.30pm 21-22 March 2012

This essential and popular course gives a basic grounding in representing clients at appeal tribunals. It is intended for those with good basic knowledge of social security beneﬁts, who want to extend their knowledge further into the ﬁeld of how to prepare for and present at tribunals.

Participants gain experience of representing people at tribunal in a safe environment where there is nothing to lose. Participants will prepare and present cases at ‘mock tribunals’ and can take part in decision making. The skills acquired on this course can be applied when representing at other forms of tribunals.

The course includes:

membership and constitution of tribunals;
tribunal procedure;
case preparation – collecting evidence, finding the relevant facts and applying the law;
the role of the chair;
rules of evidence;
basic advocacy and presentational skills.

This course is aimed at any advisers who have little or no experience of representing at appeal tribunals.

Please note that this course is intended only for advisers who wish to represent claimants at appeals, or gain knowledge of representing claimants at appeals, in order to advise claimants

“The course was informative, relaxed, presented well and enjoyable – thank-you”

Level Standard
Tutors Essie Rashidschi
CPD hours 10
NOS LA50

CPAG Publication

Welfare Rights Bulletin

Tribunal rules

LDTR0111 10.00am – 4.30pm 21 June 2011

This one-day course is aimed at those assisting claimants with appeals. It will provide an overview of the rules governing the First-tier Tribunal and Upper Tribunal. These tribunals have replaced the appeal tribunal and the social security commissioners respectively, from 3 November 2008.

Among the subjects considered will be:

the importance of the overriding objective in the procedure rules;
tribunal powers: time limits, evidence, witnesses, hearings, directions;
how to make appeals and other applications and the procedure once an appeal is made;
the procedures for challenging tribunal decisions in the Upper Tribunals.

Throughout the course the focus is on how the rules and procedures can be used to ensure that cases are well prepared and presented so that claimants have the best possible chance of having a fair hearing and a just result.

Please note the judicial review function of the Upper Tribunal is not covered on this course. Please see Judicial review: social security and tax credits below.

Level Experienced
Tutor Martin Williams
CPD hours 5
NOS LA50

CPAG Publication

Welfare Rights Bulletin

Judicial review: social security and tax credits

LDJR0210 10.00am – 4.30pm 11 February 2011
LDJR0111 10.00am – 4.30pm 6 July 2011

Judicial review can be an effective weapon for challenging decisions that affect benefit and tax credit claimants. This course aims to give lawyers and other advisers a clear understanding of the potential uses of this remedy. Concentrating on those areas affecting social security benefit and tax credits entitlement, it includes:

judicial review as a remedy – when it is available;
the centrality of the alternative remedies rule;
which benefit and tax credits decisions may be challenged by judicial review;
limits on the powers of the Secretary of State for Work & Pensions and the Revenue;
the new judicial review jurisdiction of the Upper Tribunal;
an outline of the procedure;
legal aid issues.

Although the course notes set out in detail the procedure for applying for judicial review and 'legal aid' issues, the emphasis during the day is on helping advisers to spot potential cases at an early stage.

This course is likely to be most useful to advisers who are experienced in taking appeals to the Upper Triunals.

Level Experienced
Tutors Sarah Clarke and Graham Tegg
CPD hours 5
NOS LA50

CPAG Publication

Welfare Rights Bulletin

Compensation for maladministration

This course is available as an in-house course. Contact the training department for more details.

Human rights and social security – possible challenges new

LDHS0110 10.00am – 4.30pm 17 March 2011

The Human Rights Act has been in effect since October 2000. It was intended to alter our approach to all aspects of the law, including social security and tax credits. This one-day course explores some of the areas where the principles of human rights law may have an impact on the social security and tax credit systems, and includes:

an explanation of the interpretative approach required by human rights law;
an overview of the critical provisions of the Human Rights Act;
the articles of the European Convention on Human Rights most applicable to social security and tax credits and analysis of their key aspects;
where and how human rights challenges may be brought; and
identification of possible areas of challenge within the social security and tax credit systems, and consideration of those challenges which have already been brought.

This course is likely to be most useful to advisers who are experienced in taking and arguing appeals before the Commissioners.

Level Experienced
Tutors Sarah Clarke and Graham Tegg
CPD hours 5
NOS LA50

CPAG Publication

Welfare Rights Bulletin

Return to course listing