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Welfare Rights Training 2013

Learn about the important changes in welfare rights training in October 2013, including the introduction of mandatory reconsideration for all DWP benefits. Discover how these changes may impact individuals and find out how to navigate the new processes.

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Welfare Rights Training 2013

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  1. Welfare Rights Training 2013

  2. October 2013 changes?Mandatory reconsideration comes in for almost all DWP benefits. Any DWP decision given after 28th October 2013 means that the person must first ask the DWP to look again at this decision (Reconsider) before being able to appeal to a tribunal. During this dispute period NO benefit is paid, once the dispute has been dealt with and an appeal submitted (Directly to the tribunal service) benefit can re-start.

  3. For many people on means tested ESA this will be a very difficult time as this dispute period has no time limit for the DWP to make a new decision.So many ESA claimants will be left with no money at all or be forced to claim Jobseekers.If an ESA claimant claims Jobseekers and then gets told the ESA dispute decision they must then appeal directly to the tribunal service and request the JSA is stopped and the basic ESA re-started pending the appealSWF & food banks be ready.

  4. Others who will face hardship include people who have had their on-going benefit stopped for any other reason?Lone parent accused of having a partner?JSA claimant accused of working while claiming?New form needed to dispute decisions?New form needed to appeal decision SSCS1GL24 appeal form should still be used for decisions made before 28th October 2013

  5. DLA to PIPThe move from DLA to PIP for existing claimants turning 16 and others reporting a change to their condition has been delayed and does not effect anyone in the D&G area at this time.Claimant Commitment?Again not in this area until March 2014 at the earliestUniversal Credit?A shambles and not likely to come to this area for many years which is good news.

  6. INCOME MAXIMISATION • What’s this all about? • The ability to listen, fact find, and notice that something is missing, advise accordingly, helping to identify further claims due. • Thus increasing the weekly income of any client.

  7. INCOME MAXIMISATION How do you do this?

  8. Interview and listen carefully

  9. Think ahead

  10. Write down or record the facts / information given on a case record sheet

  11. Check this information again at the end

  12. Calculate existing entitlements using the above information

  13. Submit and backdate any and all existing claims identified at this first stage

  14. Identify any possible new claims due

  15. Re-calculate again as if these claims where awarded / paid

  16. Submit any and all claims that would become payable only if or when these new claims are paid / awarded

  17. Clearly explain to the client what will or will not happen

  18. The following are real cases • He is 62, has Incapacity Benefit at £101.35 and Low rate Care at £21, he claims full HB & CT Benefit paying no Rent, he has savings at £15,400. Benefit check requested. Interview, think ahead, write down, and check again, all done.

  19. CALCULATE (Ignore DLA) Income now £ Applicable amount £ Incapacity Benefit 101.35 Tariff on Savings 11.00 Pensioner Single 145.40 Total 112.35 Total 145.40 ANY CLAIMS? NEW CLAIMS?

  20. RE-CALCULATE (Ignore DLA) Income now £ Applicable amount £ Incapacity 101.35 Pensioner Single 145.40 Tariff on savings 11.00 Pension Credit 33.05 Total 145.40 Total 145.40

  21. Claims: Pension Credit due £33.05 weekly (£145.40 - £112.35 = £33.05 PC due) Arrears 13 x £33.05 = £429.65 (27/10/08 limited backdating to three months)

  22. Couple under 60:He has since August 2013 had Employment Support Allowance Contribution Based (CBESA) at £71.70 weekly and also has Disability Living Allowance at Middle Rate Care (£53) and Low Rate Mobility (£21), she has Carers Allowance at £59.75. They pay no rent or council tax.He has failed the ESA medical scoring nil points and is looking for help to appeal.

  23. Calculate (Ignore DLA)Income Now £’s Applicable Amount £’sESA (CB) 71.70 Couple ESA 112.55Carers Allowance 59.75 Carer Premium 33.30Total 131.45 145.85Any Claims?

  24. Re-Calculate (Ignore DLA)Income Now £’s Applicable Amount £’sESA (CB) 71.70 Couple 112.55Carers Allowance 59.75 Carer Premium 33.30Means tested ESA 14.40Total 145.85 145.85ESA can be backdated 3 months

  25. He had in August 2013 the 4 week Working Tax Credit run on at over £100 weekly so at that time he was not due any means tested ESAAny other claims?

  26. What about her claiming Income Support? Re-Calculate (Ignore DLA)Income Now £’s Applicable Amount £’sESA (CB) 71.70 Couple 112.55Carers Allowance 59.75 Carer Premium 33.30 Disability Premium 44.20Total 131.45 190.05Income Support now due at £58.60Means Tested ESA was due at £14.40

  27. Couple: Both over 65, one has DLA at Middle Rate Care (£53) and the other has Attendance Allowance at (£79.15) weekly The AA has only recently been awarded

  28. Other incomes? Both have weekly Retirement Pensions at £157 & £98 They pay rent @ £6.50 weekly and Council Tax @ £2 weekly They live alone Interview, think ahead, write down, and Check again, all done

  29. CALCULATE (Ignore DLA & AA) Income now £ Applicable amount (Before AA) £ Retirement Pension 157 Pensioner Couple 222.05 Retirement Pension 98 Total 255 Total 222.05 Over 65 So Add full Savings Credit To HB/CTB 22.95 (This is a HB & CTB figure only) (245) Rent x 65% CT x 20% Excess Income 10.00 Council Tax paid now £2 Rent paid now £6.50

  30. ANY CLAIMS? NEW CLAIMS?

  31. Claim: Carers Allowance x 2 Pension Credit Backdated three months

  32. RE-CALCULATE (Ignore DLA & AA)

  33. Claims? • Carers Allowance £59.75 x 2 (Underlying only) Backdated 13 weeks • Pension Credit GT On-Going @ £152.65 weekly Backdated 13 weeks @ £1,984.45 • Pension Savings Credit On-Going @ £22.95 Backdated 13 weeks @ £298.35 • Housing Benefit increase @ £6.50 weekly Backdated 13 weeks @ £84.50 • Council Tax increase @ £2 weekly Backdated 13 weeks @ £26 • £184.10 weekly increase in income (PC/GT £152.65, PC/SC £22.95, Rent / HB £6.50, Council Tax £2) • Arrears paid @ £2,393.30

  34. Carers Allowance will be awarded but not be PAID, due to the Retirement Pensions of a higher value, however underlying entitlement will give the Carer/s Premiums x 2 (£33.30) within their applicable amount so additional PC will be due Rent & Council Tax will be nil due to PC/GT Due to backdating Pension Credit client will get a refund of any Rent & Council Tax already paid for that time. SDP X 2 WILL STILL BE PAID AS UNDERLYING CARERS DOES NOT STOP IT

  35. Couple with 2 children under 10Husband works 18 hours at £130 weeklyPartner has no income at all, she recently got awarded DLA Low Care (£21) They also have Child Tax Credit at £110 and Child Benefit at £33.70

  36. They had until April 2012 working tax credit at £70 weekly but due to the 24 hour couple rule this was stopped.They have a mortgage at £50 weekly and are struggling to pay the household bills etc.They already get full Council Tax BenefitWhat if any claims are available to them?

  37. What about her claiming means tested ESA if she can get a sick line or Jobseekers Allowance?Calculate (Ignore DLA)Income Now £’s Applicable Amount £’s Wages 130 Couple 112.55 Earnings Disregard 20Total 130 132.55ESA or JSA due £2.55 not a lot to help with the mortgage Anything else?

  38. Now that she has the DLA she is classed as disabled for Working Tax Credit purposes so they are now due Working Tax Credit even although he only works 18 hours, this worth at about £70 weekly.That will help with the mortgage

  39. Couple with one disabled child under 16, the child recently got DLA at Middle Rate CareShe works 22 hours earning £180 weekly.

  40. They also have Child Benefit at £20.30 and Child Tax Credit at £65 weekly.No Working Tax Credit paid since April 2012 due to the 24 hour couple rule.Any other claims?

  41. The Child Tax Credit at £65 weekly is very low for a disabled child? Suggesting that they have failed to tell Tax Credits that the child now has DLA? This DLA award will increase the Child Tax Credits by about £58 weekly, backdating is now limited to one month.Anything else?

  42. He can now claim and backdate a Carers Allowance claim worth £59.75 weekly for him looking after the disabled childAs he is now a Carer, she only has to work 16+ hours now (Rather than the previous 24 hours) to allow Working Tax Credit to be paid at about £70 weekly

  43. Single person aged 48 who was working full time but is now off work sick. She is getting paid basic Statutory Sick Pay (SSP) at £86.70 weekly, she also has Working Tax Credits at £12 weekly and DLA at Low Rate Mobility.Any other claims?

  44. What about Income Support? Calculate (Ignore DLA)Income Now £’s Applicable Amount £’sSSP 86.70 Single 71.70Working Tax 12 Disability Prem 31 No Disregard ? Total 98.70 102.70Income Support due £4 weekly

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