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Who can claim Disability Living Allowance? (26 March 2012)

 

Disability Living Allowance (DLA) is designed especially to help children and adults who have a long-term disability or illness to get on with their lives as normally as possible without having to be too materially disadvantaged by their circumstances. It is a social security benefit and is not subject to taxation. It can also be paid alongside other benefits like Incapacity Benefit, and in some circumstances, the recipient may even be working. It is paid at different rates, depending on individual circumstances.

 

 

Can I appeal if my disability living allowance is refused and what is the process? (1 February 2012)

 

Disability Living Allowance (DLA) is designed to help children and adults who are suffering from some form of long-term illness or disability and need assistance in their daily lives with such things as cleaning themselves and getting around out of doors. An application for DLA to the Department of Works and Pensions (DWP) may be refused for a range of possible reasons, and the applicant is entitled to mount an appeal against the decision if they feel they have a reasonable case for doing so.

 

 

Welfare Reform Bill 2010-12 – impact on benefits? (24 November 2011)

 

The reasoning behind the introduction of the Welfare Reform Bill 2010-12 is that there were very many people who were effectively stuck in the so-called ‘welfare trap’, in other words trapped in a network of unemployment benefits from which they were, in many cases, unable to extricate themselves. The rewards of returning to work amounted to less than the benefits they were receiving.

 

 

Consequences of wrongly claiming a state benefit (23 November 2011)

 

Wrongly claiming a state benefit can see you facing a fine or prison sentence, depending on its seriousness. For starters, you will have to repay the money you took and were not entitled to, with the actual punishment coming on top of that.

 

 

What are the requirements for EEA Nationals to claim benefits in UK? (23 November 2011)

 

There are a number of restrictions concerning an EEA national’s rights to receive benefits in the UK, but generally speaking they are treated in the same way as UK citizens. They are therefore entitled to apply for social security benefits and social housing here, whether they are employed or self-employed. These rights may depend on factors such as how long they have been working for and how long they have been resident in the UK.

 

 

Can I appeal if my claim for incapacity benefit is refused and what is the process? (22 November 2011)

 

Incapacity Benefit was replaced by the Employment and Support Allowance on 31st January 2011. In order to qualify for this new allowance, applicants must satisfy a number of criteria, such as being able to prove that they are unable to work due to an illness or injury. They will be assigned a caseworker to help them get them back into employment doing a job they are capable. Alternatively, they may receive a higher level of benefit if their illness or injury is deemed so serious that they cannot return to work.

 

 

The Welfare Benefits to be paid monthly (13 September 2011)

 

The government is bringing in measures to pay benefits monthly instead of fortnightly. The present six income-related work-based benefits, such as child tax credit and income support is going to be replaced by the “universal payment”. The bill for Welfare Reform is currently being passed through the Parliament. The ministers said that 75% of the people in work are being paid monthly hence it is sensible to disburse the benefits in the same manner.

 

 

Benefit fraud lawyer: how can he help you? (9 September 2011)

 

Are you under investigation for benefit fraud? Have you received a letter to attend the interview under caution at the Local Council Office or the Department of Work and Pensions office? If you want to ensure that you are not convicted and do not receive a severe punishment, hire a benefit fraud lawyer.

 

 

Goodbye Tension – Hello Pension? (13 June 2011)

 

The government has announced that the State Pension age is to rise to 66 years old for both men and women, by the year 2018. The latest announcements on pension reform have changed the timetable that had previously been part of the Coalition Agreement of 2010. Under that agreement, the rise in the pension age was set to be more gradual.

 

 

The New Work Capability Assessment (18 April 2011)

 

The Work Capability Assessment (WCA) was introduced in October 2008 as a significant part of the assessment process to establish entitlement to a new benefit called Employment and Support Allowance (ESA).

 

 

Appealing to the Upper Tier Tribunal (18 April 2011)

 

The First Tier Tribunal are an independent Tribunal at HM Tribunals Service who will hear appeals regarding Social Security cases, they will hear appeals and apply the law and standard of proof that is required to be met by a claim.

 

 

Changes to Incapacity Benefit (31 January 2011)

 

From April 2011 there will be a reassessment of customers receiving Incapacity Benefit, Severe Disablement Allowance or Income Support (on the grounds of illness or disability) for Employment and Support Allowance (ESA). The transfer or reassessment of incapacity benefits customers will be phased in over three years.

 

 

Tribunal Service Appeals (31 January 2011)

 

The Tribunals Service recently announced that claims in the Social Security and Child Support tribunals rose by 41% compared to the same quarter in 2010 and also ESA and Incapacity Benefit appeals has risen by 56% in the same period.

 

 

Personal Independence Allowance to replace Disability Living Allowance (31 January 2011)

 

The Coalition Government plans to scrap Disability Living Allowance (DLA) in 2013/2014 and replace it with Personal Independency Payment (PIP). DLA has become ‘too confusing and not fit for the 21st Century’.

 

 

Welfare Cuts - wounding the poorest?? (25 October 2010)

 

In the run up to the long awaited Comprehensive Spending Review the Chancellor, George Osborne, had promised that he was "not going to balance the (budget) books on the backs of the poor". He also assured that "fairness" would be at the heart of welfare reforms.

 

 

The Child Benefit Revoluition (22 October 2010)

 

The Chancellor, George Osborne, recently announced that the Child Benefit is to be withdrawn for higher tax payers from 2013. The Secretary of State for Works and Pensions, Ian Duncan Smith, further stated that Child Benefit will be absorbed into ‘Universal Credit’ and so become means- tested by 2017.

 

 

Universal Credit - a good idea? (22 October 2010)

 

The coalition government announced a spending review that is due to be published on the 20th October and all of the Departments have been told to slash at least 25% and for the Department for Work and Pensions [DWP] who deal with Benefits have been told to slash up to 40%. Why? Because according to the Coalition, the benefits system is one of the biggest offenders of public spending.

 

 

Proposed Disability Living Allowances (DLA) Reforms (23 August 2010)

 

In the emergency budget earlier this year, the government announced reforms to Disability Living Allowance (DLA), the government aim to introduce a medical assessment in 2013/2014 for all claimants.

 

 

In limbo, with no end in sight - Naim Rahman comments on the recent case law entitling 45,000 people the right to work (5 August 2010)

 

‘ZO’ was a lone, vulnerable, young single female who had suffered truly terrible treatment in her home country of Somalia. Refused asylum on an initial application, she submitted a second claim based on previously unavailable evidence. This claim, once considered, was highly likely to result in a grant of leave to remain in the UK.

 

 

Duncan Lewis wins right to work for 45,000 people (30 July 2010)

 

An estimated 45,000 will be entitled to work in the UK as a result of the Supreme Court ruling in “ZO” – in a case brought by Duncan Lewis solicitors.

Delays in the time it takes for the UK Border Agency (UKBA) to process asylum claims causes hardship to thousands. These hardships were exacerbated by the inability to find lawful work during the time spent waiting for a decision.

 

 

It’s not that I do not want to work, I can’t because I’m On the Sick… (28 April 2010)

 

There is a common stigma about people who are ‘claiming’ to be ill in order to receive sickness benefits.

Employment and Support Allowance (ESA) is a new benefit directed at those who are incapable of work due to illness or disabilities. It is often referred to as ‘being on the sick.’ ESA came into force on 27th October 2008 and replaced Incapacity Benefit or Income Support paid on incapacity grounds.

 

 

2010 General Elections Social Security Policy (28 April 2010)

 

The General Election in Britain is only a few weeks and in its wake the first Presidential style debate between leaders of the three main political parties in Britain was recently conducted. In that debate, which of course received considerable publicity and media coverage each leader set out its party’s Welfare Benefit and Tax Credits manifesto amongst other things in summary.

 

 

Benefits available for our ex Army Soldiers who have suffered an injury physical or mental due to or aggravated by service in the armed forces. (28 April 2010)

 

Everyday the newspapers and the media report soldiers dying everyday in Iraq and Afghanistan, we hear of the tragic circumstances of how they died and what regiment they were a member of. There is also a short piece informing us of the grieving relatives they leave behind. These stories are very upsetting and distressing for us however the war still goes on and lives are lost everyday.

 

 

No Duty of Care Owed to Social Housing Tenants (12 April 2010)

 

A recent Court of Appeal decision considered whether a local authority had a duty of care towards its social housing tenants.

 

 

Homelessness Continues If Accommodation Not Reasonable (1 September 2009)

 

Temporary hostel or refuge housing does not constitute suitable accommodation for determining whether a person is homeless, if the homeless person is expected to occupy it for a longer period than is reasonable

 

 

If You are Entitled to Benefits, Claim What is Rightfully Yours (3 April 2008)

 

Although many try and survive without the need to rely on the state, for some the need to obtain benefits to survive is essential. In this situation it is vital that you are able to work out the benefits that you are entitled to and to ensure that your application is properly processed.

 

 

Welfare Benefits (15 March 2008)

 

Social security is the subject matter of great concern as it is connected with financial security. If one faces financial crisis such as unemployment or he/she is incapacitated in any physical manner that jeopardises the prospect of growth, it becomes a delicate matter and should be handled carefully.