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|  | Draft Universal Credit/PIP/appeal regulations here
« Thread Started on Jun 16, 2012, 9:19am » | |
Draft Regulations for Universal Credit, Personal Independence Allowance & decision - making & appeals now out
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DWP Website
15 June 2012 – Lord Freud: detail behind Welfare Reforms revealed
"Today, a crucial step towards reforming the welfare state will be made as the detail behind the Welfare Reform Act 2012 is published for the first time. The implementation of key reforms within the Act requires the passage of regulations which are now available for scrutiny.
At the heart of these regulations is the detail behind Universal Credit, designed to simplify the benefits system and make work pay.
Minister for Welfare Reform Lord Freud said:
"The Welfare Reform Act sets out how we will transform the welfare state and ensure that work pays for the millions of people now trapped on benefits.
"These regulations are the meat on the bones of our reforms and we want to be sure we get the detail absolutely right, which is why we are engaging with the Social Security Advisory Committee who will be asking stakeholders to express their views on these significant changes."
The Universal Credit Regulations 2012 provides detail of the rules of entitlement, calculation of award, claimant responsibility, sanctions and hardships. Significant changes to the existing system include:
More in-work support for the under-25s;
Childcare costs being paid in UC regardless of hours worked;
More support for carers to combine paid work with their caring role and;
A strengthened sanction regime.
In addition to the usual scrutiny of specified draft regulations, Lord Freud has asked the SSAC to consider the principal regulations which will underpin Universal Credit and to decide which to publicly consult on.
Following the SSAC consultation, the final regulations will be laid in Parliament in autumn this year.
Notes to editors
The draft Regulations are available here: http://ssac.independent.gov.uk/consult.shtml (subject to which ones they are opening to consultation - these are the full range)
The Social Security Advisory Committee is the main UK advisory body on social security matters.
Media Enquiries: 0203 267 5130
Out of hours: 07659 108883
Website: www.dwp.gov.uk
http://www.dwp.gov.uk/newsroom/press-releases/2012/jun-2012/dwp064-12.shtml
Draft Regulations here
http://ssac.independent.gov.uk/pdf/uc-pip-decisions-appeals-draft-regs-2012.pdf (These mainly relate to appeal rights)
Guide to changes
'Universal Credit, Personal Independence Payment
and Working-age Benefits (Decisions and Appeals) Regulations 2012' come into force April 2013
What we have here are 32 pages of draft regulations which require a much deeper analysis. They were only released yesterday and will take a while to go through. Bear in mind this particular set relates to the decision-making & appeals side which will come into effect with Universal Credit and Personal Independence Payment. These appeal & decision making regulations also affect claimants on Employment & Support Allowance (including those converting from Incapacity Benefit) and those on Jobseeker's Allowance.
These are the links to the principle Employment & Support Allowance draft regulations and also Universal Credit draft regulations. There are a number of potentially very problematic areas but for now the best I can do is point you to where in the regulations you need to look by way of the following index which I have prepared to guide you through over 40 separate new draft regulations.
What we should be doing is making a noise as to how these will work in practical terms especially in respect of the following:
(1) Sanctions, terminations & suspension of benefits.
(2) Removal of direct right to appeal to a first - tier tribunal - delaying determinations
(3) Removal of right of appeal - access to justice issues
(4) Problems over information/evidence requirement given instances where it is supplied by claimants but then lost by the departments.
(5) Electronic communication - IT concerns
(6) Problems associated with employers supplying the correct 'real time information' of wages and HMRC processing the information correctly.
So here's our index (you than use the link to check these against the draft regulations)
DA 1 Citation
DA 2 Interpretation
DA 3 Service of documents
DA 4 Electronic communication
DA 5 Revision on any ground
DA 6 Late application for revision
DA 7 Requests for information needed to determine claim
DA 8 Provides for appeal to a first - tier tribunal but only where the secretary of state has first considered a revision of the decision (mandatory revision before appeal)
DA 11 Changes to decision where no right of appeal lies (in schedule 4)
DA 12 Changes in rates of benefits in 'other benefits' related to the original award of benefit may be revised.
DA 13 Relates to sanctions in ESA, JSA and Universal Credit claims:
DA 14 More specifically revisions of ESA.
DA 15 More specifically revisions of JSA in cases where a conversion decision has been made relating to ESA
DA 16 Revisions contribution based benefit decisions where the contribution records of the claimant may affect the entitlement
DA 16 A Changes to claims and payments regulations affecting Personal Independence Payment upon renewal
DA 16 B Changes to benefit cap in Universal Credit cases as affected by rent officer's determination, local housing allowance or broad rental market determination.
DA 17 / DA 18 to DA 24 are changes to effective date of a revision or supersession in various claim related situations
DA 25 Changes in cases where accidental error has been made in the making of a decision subject to what appear to be new powers of correction at any time.
DA 26 Making of decisions on the basis of 'incomplete evidence'.
DA 27 ESA Capability for work related decisions
DA 28 Power for person to apply to the Secretary of State for information about the earnings figures obtained from the HMRC in the determination of Universal Credit during the 'assessment period'.
DA 29 Referral of cases to HMRC from Secretary of State in cases where 'issues' arise which require determination by the HMRC including cases of appeal and where an 'opinion' may be sought from the HMRC.
DA 30 Suspension of benefits are discretionary (33(1) and mandatory in other instances (33)(2). For instance in mandatory cases it refers to loose terminology such as where that 'it appears an issues over entitlement' exists.
DA 31 Provision of information of evidence needed to determine claim.
DA 32 Resumption of payments following suspension
DA 33 - DA 34 Termination of benefits including alternatives to that which is claimed. ESA/JSA related
DA 35 - 40 Appeal related regulations.
Schedule (1) Effect on other regulations
Schedule (2) Effective dates for relevant changes in circumstances
Part 1 is ESA/JSA related
Part 2 is Personal Independence Payment related
Part 3 is Universal Credit related
Part 4 are common provisions
Schedule (3) relates to where a right of appeal lies
Schedule (4) relates to where there is no right of appeal (watch these!)
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