1. Welfare Reform
14 October 2013

2. Employment Support Allowance (The sickness benefit)
ESA: 2 Types Contributory and Income related
May 2012
Contrib ESA limited to 1yr for those in work related activity group (70% of contrib esa claimants)
Monies stopped but still unfit
May be able to claim (ir)ESA but problems for certain claimants ie couples were one works
After 12 months if you are in receipt of contrib ESA and are in the work related activity group the money stops.
You may be able to move over to income related ESA however this benefit is means tested and any income you have may be counted and prevent income related ESA being paid. In addition if you have a partner their earnings and capital will also count . Further to this if they work 24hours per week or more then you will not receive any monies regardless of what your partner earns.

3. Employment Support Allowance
3 Dec 2012: Sanctions
Applies all claimants in work related activity group regardless of type of ESA (70% of claimants)
Fails to take part in work focused interviews or undertake work related activity (without good cause)
Penalty: loss of £71.70 pr week for as long as don’t participate plus 1, 2 or 4wk addition
Possibility of hardship payments in limited circs
ESA claimants are unfit for work. Regardless of which type of ESA you receive contributory or income related you will be placed in one of two groups, work related activity or support. If you are placed in the work related activity group you will be expected to participate in up to six work focused interviews and participate in work related activity. Failure to attend or participate can see you lose £71.70 per wk until you do participate with an additional penalty imposed on top of that
In both ESA and JSA cases claimants can make a claim for a hardship payment if sanctioned. Claimants should also appeal against any sanction decision which they believe to be wrongly imposed. In the majority of cases HB should not be lost during either of the aforementioned sanctions
May be problems for single claimants to qualify for hardship payments as the Decision Makers Guide ie the tool decision makers use within the DWP to make sense of the law says the following.
DMG 41/12 : When a hardship payment is made
26 A hardship payment is made when all the following conditions are satisfied
1 the DM is satisfied that the claimant is or will be in hardship unless hardship payments are made (but see paragraph 27) and ….
27 For the purposes of paragraph 26.1 a claimant is in hardship if
1 their partner or
2 a child or qualifying young person for whom they or their partner are responsible
Is or will be in hardship unless a hardship payment is made

4. Employment and Support Allowance
Sanctions
Appeal
1 month from date of decision to lodge appeal
Can be up to 12 months later but need to show good cause
Housing Benefit
Should continue to receive Housing Benefit during sanction period
Hardship payments: Statutory Instrument 2012: No 2756
The Employment and Support Allowance (Sanctions) (Amendment) Regulations 2012
Further amendments of the ESA Regulations Reg 6 After regulation 64 insert
The amount of a hardship payment
64D –(1) A hardship payment is 60% of the prescribed amount for a single claimant as set out in paragraph (1)(a) of part 1 of Schedule 4
Appeals should be completed in writing and addressed to the office that is named on the decision letter you are appealing against

5. Jobseekers Allowance Oct 2012: Sanctions
3 types: Low, intermediate or high
Fail to attend an adviser interview or not actively seeking employment or leaving a job voluntarily without good cause
4, 13, 26 or 156 weeks
Loss of all monies
Hardship payments can be claimed
(discretionary and not paid for first 14days unless in vulnerable group)
Low Level Sanctions: Refusal /failure to attend adviser interview
Refusal/failure to participate in employment programme
Refusal/failure to comply with a jobseekers direction
Intermediate level sanctions: Only applied following a period of disallowance for not being available for work, not actively seeking work
High level Sanction: Leaving a job voluntarily without good reason, losing a job through misconduct, refusal/failure to apply for or accept a suitable job without good reason
Hardship payments: The figure you would receive would be your normal applicable amount minus if you are a single person 40% of the appropriate personal allowance for a single person of your age. If you are member of a couple 40% of the appropriate personal allowance for a single person
The reduction is only 20% if you or your partner or child included in the claim is pregnant or seriously ill.
If you are not in a vulnerable group you cannot get hardship payments until the 15th day of the period when a JSA is not paid
Vulnerable group: you or your partner are pregnant or you are responsible for a child under 16 who would experience hardship if no payment was made or a disability premium is payable or you are caring for someone who gets AA or DLA m or h care or daily living component of Pip

6. Jobseekers Allowance Sanction Appeals Housing Benefit 1 month
Can be up to 12 months later but need to show good cause
Housing Benefit
Should still be paid during sanction however often issues ( HB Regs (3) (a)) (also nil income declaration)
Once a sanction period has started it runs unbroken until the length of time it was set for ends. This means that if you broke your claim the time not in receipt of JSA will count as part of your sanction period. That can mean that if you reclaim JSA within the sanction period any outstanding sanction would still be applied.
However if the DWP is satisfied that since the date of the most recent sanctionable action you have been in employment for a period of 26 weeks the remaining sanction is not applied if claiming JSA again
A second sanctionable action committed within 2 weeks of an earlier action will not be counted when it comes to escalating the penalties.
HB should still be paid as for HB purposes you are treated as being on income based JSA if not being paid it because of a sanction. See HB REGS (3)(a)

7. Housing Benefit: Bedroom Tax
April 2013: Social Sector: Size Restriction
Entitlement for working age claimants reflect household size (16 – Pension Credit qualifying age)
Size Criteria applies
1 spare bedroom 14% cut in rent allowed for HB
2 or more spare 25% reduction applied
Options: Discretionary Housing Payment’s and/or Appeals
What is working age SI 2012 No 3040
Social Security
The Housing Benefit (Amendment) Regulations 2012
Reg 5 A13
(2) This regulation does not apply
(d) Where the claimant or the claimant’s partner has attained the qualifying age for state pension credit, or where both have attained that age
The full list of properties exempted from the bedroom tax is to be found at
Statutory Instrument 2012 No3040 Social Security
The Housing Benefit (Amendment) Regs 2012
Lord Freud has made it clear that Supported Exempt accommodation should not be liable for the bedroom tax (letter to Nicola Sturgeon 4 April 2013)
There is an issue however especially in Scotland re Temporary Accommodation. (A group of properties meant to be exempt) which the letter from Shelter, Chartered Institute of Housing and The Association of Local Authority Chief Housing Officers dated 26 Feb Local Authority or Housing Assoc owned Temp Accom will be subject to the social sector size criteria ie The Bedroom Tax

8. Housing Benefit Size Restrictions: Bedroom Tax
1 bedroom per
Adult couple
Any other adult aged 16 or over
Any 2 children of same sex under 16
Any 2 children regardless of sex under 10
Any other children
Foster children*
Disabled Child*
Non resident carers*
In Scotland for Foster carers also read Kinship carers. In addition contrary to publicity Foster carers are not exempt rather one bedroom is allowed in the sum.
Additional bedroom for a carer only applies where HB claimant or partner need the care. The disabled person most be in receipt of AA or M or H care DLA or provide evidence they require such care. The carer must not be a resident at the HB claimants address but they must stay overnight at the dwelling for the purpose of caring.
Disabled children may be entitled to a room alone (ie don’t have to share) but this will only be after an investigation.

9. Housing Benefit Size Restrictions: Bedroom Tax
Carer
Additional bedroom in size criteria for a non resident carer where the need for overnight care has been established and arranged
Claimant or partner is on AA or DLA Care M or H rate or if not in receipt
Can provide evidence to LA they require overnight care
Only applies where HB claimant or partner need care
Housing Benefit Amendment Regulations 2010
Statutory Instrument No 2835
Reasonably requires and in fact has arranged that one or more people who do not occupy as their home the dwelling to which the claim or award for HB relates should
Be engaged in providing overnight care
Regularly stay overnight at the dwelling for that purpose

10. Housing Benefit Social Sector: Size Restriction
No account taken of couples were one or both are disabled such that they cannot share a bedroom
No account of properties were additional room for disability equipment
No account taken of properties that have been disability adapted
No account taken of children whose main residence is elsewhere
No account taken of couples who are unable to share a bedroom because of disabilities, no account taken of properties disability adapted, no account taken of addition room because of disability equipment
No account taken of children whose main residence elsewhere
What can claimants do? Appeal decision and/or claim DHP Discretionary Housing Payment

11. Housing Benefit: Appeals and Discretionary Housing Payments
Intended to assist those who require further financial assistance with housing costs
It’s a cash limited pot
Large demand on cash so need to make the case that claimants situation a priority
Priority given to disability, carers, moving into employment etc
Usually awarded for limited period
A DHP can be paid to offset a shortfall in Housing Benefit as a result of welfare reform changes ie the bedroom tax, (disability or carer cases, parents who are not the main carers etc) or in non dependant deduction cases or where not in receipt of full HB and other expenses or debts make it very difficult for claimant to make up the shortfall
Should paint as detailed a picture as possible of circumstances, of how a DHP would help and the consequences of not receiving a payment
Local Revenues and Benefits offices
Anniesland: 841 Crow Road G13 1YT
Easterhouse: 1250 Westerhouse Road, G34 7PD
Govan: 780 Govan Road, G51 2YL
Maryhill: 1 Garbraid Avenue, G20 8YA
Parkhead: 125 Westmuir Street, G31 5EX
Shawbridge: 24/34 Shawbridge Arcade, G34 1RT
Springburn: 30 Charles Street, G21 2PN
City Centre: 45 John Street, G1 1PR
Homeless Finance: 100 Morrison Street, G5 8LN
Completed application forms should be returned to Glasgow City Council, Financial Services, Revenues and Benefits Service, PO Box 36, Glasgow, G1 1JE or handed into one of the above mentioned offices

12. Housing Benefit: Appeals
Lodge 1 month (although have additional up to 12 months if good cause)
Free representation Social Work Services Welfare Rights Appeals team and other orgs
Appeal letter on council website
Appeals have been won (ie Kirkcaldy, Glasgow)

13. Social Fund / Scottish Welfare Fund
April 2013: Part of social fund abolished
Comm Care Grants and elements of Crisis Loans
Replaced by Scottish Welfare Fund
(Comm Care Grants and Crisis Grants)
Paid on same grounds as they were in discretionary social fund
Sits in GCC (Grant Services Team )
Can claim online

14. Social Fund Budgeting loans still exist
Crisis loan (alignment loans) still exist now known as Short term Advances
(waiting on payment of benefit)
The Regulated Social Fund still exists
All paid by the DWP

15. Disability Living Allowance/PIP
DLA a pivotal benefit for income maximisation
10/6/2013 introduction of Personal Independence Payments as replacement for DLA (for adults)
Tougher Test
PIP has 2 components like DLA comprising Daily Living and Mobility
Paid at 2 rates of each (standard and enhanced)
500, 000 fewer expected to qualify. This figure comes from DWP document (Personal Independence Payment: assessment thresholds and consultation) Jan 2012
DWP estimated that they will save £1.5 billion per year
DLA will still exist for children and AA will also continue
DLA is an absolutely pivotal benefit when it comes to income maximisation as an award of DLA can open up disability premiums, severe disability premiums, enhanced disability premiums as well as protection from non dependent deductions in HB etc
It is envisage that the majority of PIP claimants will go through a consultation as part of the new assessment process. In Scotland these will be run by SALUS sub contracted from ATOS who actually won the contract for the work
Payments of PIP ceases to be payable once you have been in prison or legal custody for 28days. This applies both to convicted and on remand. If you have been in prison or legal custody within the previous year this time will be counted towards your 28 days. Suspended payments are not refunded even if you are not convicted

16. DLA/PIP New Assessment tool
Similar to ESA: done on a points basis
Activities – Tasks
Descriptors – Measurement of ability
Have problems over 50% of time
No day/night time tests
Very likely claimants will face consultation as part of assessment
Winners and losers ie mobility criteria
As part of the new assessment process it is the govts intention that the majority of claimants will have to undergo a consultation (In Scotland run bt SALUS sub contracted from ATOS who actually won the contract for the work
Failure to attend the consultation without good cause will see a negative decision on your claim.

17. Disability Living Allowance / Personal Independence Payments
Transfer of existing DLA claimants in 2 runs
28 Oct 2013
Oct 2015 – Oct 2017
Claimants invited to claim PIP
No automatic entitlement from DLA to PIP
DLA ends if do not take up invite (8 wks)
If DLA ends other bens can be badly affected i.e disability premium, severe disability prem, enhanced disability prem, HB non dep deductions
Claimants who will be invited to claim PIP from the 28 Oct 2013 will be DLA claimants whose award is scheduled to end from the middle of March 2014 onward. In addition Any DLA claimant who reports a change in their circumstances from the 7 Oct onwards will be re-assessed under PIP
Oct 2015: Everyone else: i.e. Claimants whose awards are scheduled to end from end of Feb 2016 onwards and anyone with a indefinite award.
When claimants are invited to claim PIP they must take up this invitation within 8 weeks failure to do so will see their DLA end (This cannot be appealed)
Just because you have an award of DLA does not mean that you have an entitlement to any degree of PIP
It is very important that for claimants who do not already receive DLA that they should be encouraged to claim PIP prior to the introduction of Universal Credit. This is because while there are premiums available in IS, JSA etc because you have been awarded PIP there are no additional monies for adults in Univ Credit
To claim or (txt phone )

18. Personal Independence Payment
Invitation to claim
DLA recipients will receive a letter and will be invited to claim PIP
No response to invitation
After 4 weeks
DLA suspended
No contact within 8 weeks of invitation
DLA award ended
If a claim for Personal Independence Payment made
DLA continues in payment until PIP claim decided

19. Personal Independence Payment
Who gets transferred in first run
28 Oct 2013 onwards
Anyone whose existing DLA ward is scheduled to end from mid March 2014 onwards
Anyone who reports a change of circumstances
Oct 2015 – Oct 2017
All other eligible claimants (ie indefinite awards)
No system announced for this
It is very important that for claimants who do not already receive DLA that they should be encouraged to claim PIP prior to the introduction of Universal Credit. This is because while there are premiums available in IS, JSA etc because you have been awarded PIP there are no additional monies for adults in Univ Credit
To claim or (txt phone )

20. Benefit Cap Limit on what can be paid via benefit system
£350 per wk single adults no children
£500 per wk lone parent and couples with or without children
Applies to combined income from
JSA, IS, ESA, Incap Ben, SDA, HB, Child Ben, Child Tax Credit, Carers Allow, Widows Ben, Widowed Parents All, Bereavement Allow
Initial deductions made from HB
The following claimants will be exempted from the Benefit Cap
Claimant/Partner entitled to working tax credit
Claimant/Partner or child receiving DLA, PIP, or entitled to AA or entitled but in hospital
Claimant/Partner receiving ESA support comp
Claimant/Partner receiving Ind Injuries Benefit
Someone getting war widow/widower pension
Delay of 39wks in applying CAP were worked 50 out of last 52 weeks
39 wk period starts on day after last day of work

21. Universal Credit Means tested (£6,000 - £16,000)
People of working age (18 – Pen Credit qualify age)
Replace IS, (ib)JSA, (ir)ESA, HB and both types of Tax credits
Single Payment
Paid monthly
Administered by DWP
Claim online

22. Universal Credit Basic Allowance
Additions for children, disability*, caring and housing costs
Monies for childcare costs
System of earnings disregards
Changes to non dep deductions for housing
Strengthened sanction regime
Timetable???

23. Change to Appeal Procedure
Decisions made on or after 28 Oct 2013
Negative decision (all DWP bens except UC and PIP already introduced)
1st step review request to DWP (1 month)
Receive Mandatory reconsideration notice (no time limit for DWP to respond)
2ND Step
Lodge separate appeal with Courts and Tribunal Service (1 month)

24. Other Issues April 2011: Rates of Child Ben frozen for 3 yrs
May 2012: Inc Support: L Parent child now under 5
Dec 2012: Ben rates to be increased by only 1% in next 3yrs
April 2013: Abolition of Council Tax Ben creation of new scheme (£40m cut 1st yr 8.5% cut in 2nd year)