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Practitioner Briefings: Social security / Benefits and tax credits

Personal injury compensation and social security compensation October 2017

This briefing explains the capital rules for means tested benefits and how an award of personal injury compensation can affect them. It also offers guidance on the steps which should be taken when personal injury compensation is received.

 

Supporting homeless EEA nationals September 2017

This briefing looks at benefit entitlement for EEA homeless nationals. Changes to residence requirements for social security benefits have left a number of EEA nationals with little entitlement to benefits. This can result in rough sleeping.

The briefing is designed to help advisers/homeless organisations/support workers identify benefit entitlement.

 

Personal independence Payment September 2017

The above article is an explanation of PIP from our Encyclopedea of Rights. Also available are four individual briefings on Personal Independence Payment:

PIP 1. Introduction

PIP 2. Making a claim

PIP 3. Moving from DLA to PIP

PIP 4. Supplementary payments

 

Mandatory Reconsideration and Direct Lodgement of Appeals September 2017

This briefing provides information on new rules affecting social security disputes and appeals which took effect in Northern Ireland from 23 May 2016.

These important changes affect anyone challenging a social security decision made on or after 23 May 2016.

 

Challenging overpayment of benefit decisions June 2017

This briefing explains:

  • General rules on overpayment of benefit
  • The process the Department for Communities ( DFC)  must follow in overpayment cases
  • Common issues arising in overpayment cases
  • Process for challenging an overpayment decision
  • Tactics for challenging an overpayment decision
  • How to obtain further advice or assistance

 

Motability and Personal Independence Payment June 2017

What happens to your Motability car when you are reassessed for Personal Independence Payments?

The Motability Scheme gives disabled claimants access to a vehicle. The transfer from Disability Living Allowance to Personal Independence Payment brought about through welfare reform will result in fewer people qualifying for a Motability vehicle.

This briefing adopts a question and answer format and explains:

  • The Motability scheme
  • When a person needs to return a Motability car including new extensions to time limits
  • Information about the Motability transitional protection scheme
  • How to obtain further advice or assistance.

 

Social Security Impact of Brexit (PDF) August 2016

There is much uncertainty over the impact of leaving the European Union on social security for both EU nationals living in the UK, UK nationals living in EU countries, and cross-border workers (people who live on one side of border between Northern Ireland and the Republic of Ireland and working in the other jurisdiction).

In the short term, all current social security arrangements will remain as they are for EU nationals living in the UK, and for UK nationals living in other EU countries. In the medium term, there could be extensive changes.

This briefing sets out for advisers:

  • the benefits that a person can continue to receive when they are no longer living in the UK, and
  • the benefits that are currently available in cross-border circumstances.

 

The Benefit Cap in Northern Ireland (PDF) June 2016

From 31 May 2016 the benefit cap limits the amount, in total, that claimants can receive in benefit payments each week.  In practice, this should not have an immediate financial impact on claimants as the related supplementary payment also applies from this date until 31 March 2020. However, as their benefit needs change (for example if the family has a new child), their supplementary payment will not increase. 

Aimed at frontline advisers and support workers, this briefing explains:

  • how the cap will be applied;
  • the benefits which entitle claimants to be exempted from the cap;
  • additional protection for families until 31 March 2020;
  • likely impact.

 

ESA reassessments following appeal (PDF) February 2016

What can advisers do to help clients who return multiple times to seek help with reassessments after successful appeals?

 

Timeline of changes to the habitual residence and right to reside requirements for social security benefits  (PDF)  January 2015

2014 saw a substantial number of changes to the residence requirements for entitlement to certain benefits.
The Law Centre has published a briefing setting out the changes which have been implemented so far and those which are anticipated to be introduced later. This briefing was updated in January 2015 - please discard any copy of the earlier version.

 

When judicial review is the right remedy February 2013 (PDF)

An information briefing highlighting instances in social security law where judicial review is the only, or the most important, remedy in dealing with certain issues involving social security and the tax credits system.

 

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