Welfare rights briefings

This page contains welfare rights briefings and CPAG's responses to government consultations.

• Visit our policy briefings page for further briefings and consultation responses.
• Visit our welfare reform page for press releases, briefings and articles about the Welfare Reform Green Paper.

February 2010
Supporting people into work: the next stage of Housing Benefit reform
Response to the Department for Work and Pensions consultation

• This response highlights CPAG's concerns over proposed housing benefit reforms, and reflects our view that any such reforms need to safeguard the needs of claimants and their children. While we welcome reforms that will remove financial barriers to employment, we believe that the primary purpose of housing benefit is to ensure that all low income families, whether or not they are in employment, have access to good quality housing.
• Download Supporting people into work: the next stage of Housing Benefit reform: CPAG's response (86 KB PDF file)
• Download Supporting people into work: the next stage of Housing Benefit reform: CPAG's response (106 KB Word doc)

February 2010
The Employment and Support Allowance (Transitional Provisions) (Existing Awards) Regulations (2010)
SSAC Consultation Response

• CPAG has responded to the Social Security Advisory Committee consultation on new regulations which allow for the movement of existing claimants of incapacity benefit, income support on grounds of disability and severe disablement allowance onto employment and support allowance (ESA). The response highlights our serious concerns over the basis of the proposed regulations, and suggests ways in which they should be made fairer to existing claimants.
  
  Read the consultation document on the SSAC website: http://www.ssac.org.uk/pdf/employment_and_support_allowance_regs.pdf
  
  
• Download The Employment and Support Allowance (Transitional Provisions): CPAG's response (71 KB PDF file)
• Download The Employment and Support Allowance (Transitional Provisions): CPAG's response (85 KB Word doc)

February 2009
The Housing Benefit Amendment Regulations (2009)
SSAC Consultation Response

• The Social Security Advisory Committee is consulting on proposals to cap housing benefit for tenants in the private sector at the rate payable for five bedrooms.
  
  CPAG is concerned this will mean large households will get less housing benefit. This could mean they have to split up, spend their benefit income on housing costs, or could even lose their homes. We fear this will impact most severely on children at highest risk of poverty – particularly those in large households, in households affected by disability, and in black and minority ethnic families.
  
  Read the consultation document on the SSAC website: http://www.ssac.org.uk/pdf/Housing_Benefit_Amend_Regs.pdf
  
  
• Download The Housing Benefit Amendment Regulations (2009): CPAG's response (65 KB PDF file)
• Download The Housing Benefit Amendment Regulations (2009): CPAG's response (79 KB Word doc)

February 2009
Briefing on the Borders, Citizenship and Immigration Bill 2009

• CPAG is joining with other organisations to lobby against some of the changes to the proposed Borders, Citizenship and Immigration Bill.
  
  CPAG is concerned primarily with the implications for those coming to the UK who will as a result of new probationary citizenship periods of residence have to wait longer before they acquire settled status in the UK. Foreign spouses who come with their children to join a person already settled in the UK will now have to wait at least five years before getting either citizenship or settled status. Until this happens they have limited access to benefits and disabled children will not get DLA or the full rate of child tax credits.
  
  CPAG's concern is that this bill puts immigration considerations above the material needs of children - children who are likely to stay long term in the UK. This is contrary to the Government's child poverty objectives.
  
• Download Briefing on the Borders, Citizenship and Immigration Bill 2009 (59 KB PDF file)
• Download Briefing on the Borders, Citizenship and Immigration Bill 2009 (82 KB Word doc)

February 2009
Civil legal aid contracts: response to Legal Services Commission

• The Legal Services Commission is consulting on its civil legal aid contracts from 2010. CPAG's response highlights concerns that the proposals are likely to result in fewer, bigger suppliers. This could disproportionately affect black and minority ethnic suppliers, which tend to be smaller. It could also mean fewer offices that claimants can attend – which may impact on disabled claimants with mobility problems or other difficulties in accessing advice.
  
  We are also concerned that the proposal to cease having contracts in welfare benefits only (suppliers will need to advise on welfare benefits, debt and housing) may lead to a loss of specialists in welfare benefits. It is also unclear how organisations, like CPAG, with contracts to run test cases fit within these proposals.
• Read the consultation documents on the LSC website: https://consult.legalservices.gov.uk/inovem/consult.ti/2010Contracts/consultationHome
  
  
• Download Civil Legal Aid Contracts: CPAG's response (58 KB PDF file)
• Download Civil Legal Aid Contracts: CPAG's response (81 KB Word doc)

December 2008
The social fund: a new approach
Response to the Department for Work and Pensions consultation on the social fund

• The Department for Work and Pensions issued a consultation on reform of the social fund before Christmas 2008. This joint consultation response from CPAG, Gingerbread, Save the Children and Family Action analyses the DWP proposals carefully. It argues that – although the policy aim of more low-cost credit is a good one – attaining this should not compromise the core social fund function of meeting need, which requires greater investment.
  
  
• Download The social fund: a new approach (145 KB PDF file)

September 2008
Tribunals, Courts and Enforcement Act 2007: proposed amendments to civil legal aid : Comments of the Child Poverty Action Group

• In this response CPAG calls for legal aid to be extended to all hearings before the Upper Tribunal, in order to ensure legal representation for vulnerable claimants, and secure fair access to justice.
• Download CPAG's resonse to Tribunals, Courts and Enforcement Act 2007 (42 KB PDF file)
• Download CPAG's response to Tribunals, Courts and Enforcement Act 2007 (86 KB Word doc)

June 2008
Social Security (Lone Parents and Miscellaneous Amendments) Regulations 2008

• Lone parents, work and welfare reform: a brief introduction to CPAG's submission on these new regulations affecting lone parents. Read article on this website
• Download CPAG's submission on the Social Security (Lone Parents and Miscellaneous Amendments) Regulations 2008 (104 KB PDF file)
• Download CPAG's submission on the Social Security (Lone Parents and Miscellaneous Amendments) Regulations 2008 (157 KB Word doc)

Updated May 2008
Welfare Benefits, Tax Credits, and National Insurance Numbers (NINos)

• This factsheet and sample letters are intended for use by advisers. The law on some of the issues discussed is complex, and advisers will need to seek specialist advice where necessary.
• Welfare Benefits, Tax Credits, and National Insurance Numbers (NINos)

May 2008
The Path to Citizenship: next steps in reforming the immigration system
Response by the Child Poverty Action Group

• CPAG responds to proposals to change immigration law to lengthen the time that people who have come from abroad have to wait before having access to benefits. The briefing examines the proposed changes and looks at the benefit consequences for those affected. It concludes that CPAG would like to see all migrants and their children have access after six months (thus excluding visitors and holidaymakers).
• The Path to Citizenship: CPAG response (77 KB PDF file)

May 2008
The Social Security (Miscellaneous Amendments) Regulations 2008
Submission by the Child Poverty Action Group to the Social Security Advisory Committee

• CPAG strongly opposes proposals to restrict the time for claiming Pension Credit and the period of backdating allowed for Housing Benefit. This submission is backed up by 60 case studies sent to CPAG by advisers.
• The Social Security (Miscellaneous Amendments) Regulations 2008: CPAG response (606 KB Word doc)
• The Social Security (Miscellaneous Amendments) Regulations 2008: CPAG response (371 KB PDF file)

February 2008
Transforming Tribunals: Implementing Part 1 of the Tribunals, Courts and Enforcement Act 2007
Comments of the Child Poverty Action Group

• 'Transforming Tribunals' is a consultation paper on implementing Part 1 of the Tribunals, Courts and Enforcement Act 2007. This brings in important reforms to the Tribunal system, which hears disputes between benefit claimants and the Department for Work and Pensions about benefit entitlement. The consultation sets out proposed changes to the structure, administration and location of tribunals, but leaves out important issues about legal aid, jurisdiction and dealing with urgent cases.
• View the consultation document on the Ministry of Justice website
• Transforming Tribunals: CPAG's response (115 KB Word doc)
• Transforming Tribunals: CPAG's response (67 KB PDF file)

December 2007
Tax appeals made against HMRC

• This paper is CPAG's response to the Government's consultation on tax appeals. It deals only with aspects of the consultation relating to tax credits, as this is CPAG's focus of interest and expertise. View the consultation document on the HMRC website
• Tax appeals made against HMRC (74 KB Word doc)
• Tax appeals made against HMRC (35 KB PDF file)

December 2007
Benefit simplification: parliamentary briefing

• This briefing paper, written for a parliamentary debate on 5 December 2007, summarises CPAG's views on benefit simplification. View the debate online.
• Benefit simplification: parliamentary briefing (77 Kb Word doc)
• Benefit simplification: parliamentary briefing (49 KB PDF file)

July 2007 updated October 2007
Challenging 'Right to Reside' decisions

• This information item is intended for use by advisers representing at tribunal or commissioners and is therefore complex. For advisers new to this area we suggest looking first at the Welfare Benefits and Tax Credits Handbook or else the Migration and Social Security Handbook which gives an overview of the the Right to Reside test.
• This area of law is new and many areas remain untested. We aim to update the guidance on a regular basis and welcome your comments both on usability and on the success or failure of particular arguments at tribunal or commissioners. Please could advisers send any comments to Pamela Fitzpatrick (pfitzpatrick@cpag.org.uk)
• Challenging ‘Right to Reside’ decisions. NB: this item is currently being updated: a new version will be available on this site soon.

June 2007
Women and Incapacity Benefits

• This briefing, published by the Women's Budget Group and CPAG, explains how women are affected by the rules and operations of incapacity-related benefits in different ways from men - both as claimants and as the partners of claimants. It outlines key areas where incapacity benefits policy needs to be re-thought and inequalities addressed.
  
  
• Read the briefing on the Women's Budget Group website

May 2007
The Freud Review: Reducing dependency, increasing opportunity: options for the future of welfare to work

• This submission, written for the Department for Work and Pensions, responds to the proposals within David Freud's review of welfare to work policies. Though it welcomes emphasis given by Freud to sustainability in employment, it raises serious concerns about the potential risks associated with many of the proposals, particular those which extend conditionality on lone parents and highlights the dangers associated with greater contracting out of job centre plus services.
  
  
• The Freud Review: Reducing dependency, increasing opportunity: options for the future of welfare to work (141 KB Word doc)
• The Freud Review: Reducing dependency, increasing opportunity: options for the future of welfare to work (244 KB PDF file)

May 2007
Tax Credits Adjournment Debate 16.05.07
Briefing for MPs

• This briefing written for an adjournment debate on tax credits lays out some continuing concerns around the tax credit system with suggestions for further policy reform.
  
  
• Tax Credits Adjournment Debate: Briefing for MPs (68 KB Word doc)
• Tax Credits Adjournment Debate: Briefing for MPs (55 KB PDF file)

February 2007
Benefit delivery in the 21st century
Report of CPAG conferences

• CPAG's annual rights conference in 2006 focussed on the delivery of welfare benefits in the 21st century. Attended by over 130 delegates, it covered the following areas: increasing reliance on technology; the drive for greater efficiency (and a reduction in DWP staffing levels); the moves towards a ‘call-centre’ model, central processing, and ‘joint working’; continuing welfare reform; and the different forms of dispute resolution.
  
  
• CPAG conference report 2006: Benefit delivery in the 21st century (215 KB PDF file)

September 2006
Jobcentre Plus: changes to service delivery
A view of how the changes have affected claimants and advisers at local advice centres

• CPAG decided to monitor the quality of service by Jobcentre Plus (JCP) in depth following the introduction of a new system. This report is based on detailed feedback from seven independent agencies providing welfare rights advice and advocacy services to members of the public.

  CPAG's conclusion from this small qualitative survey is that the new system was introduced too hastily and without the recognition that a sizeable number of JCP claimants have special needs who cannot access a telephone claims process because of language and disability barriers. Its introduction has caused hardship to some claimants who have been reduced to reliance on food parcels or haphazard social fund crisis loans while awaiting the outcome of long delayed benefit claims. It has also undermined the role of advisers who play an important role in ensuring that some of the most vulnerable in society obtain the benefits to which they are entitled. CPAG urges the Government to rethink its strategy and consult on the best way of reforming the system of delivery of benefits.

• Jobcentre Plus: Changes to service delivery (453 KB Word file)
• Jobcentre Plus: Changes to service delivery (208 KB PDF file)

September 2006
Consultation Response to the Social Security Advisory Committee on The Social Security, Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) (No XX) Regulations 2006 – “Advance Claims for Habitual Residence”

• CPAG's response to SSAC's consultation on the DWP's attempt to amend the claim rules to make advance claims for habitual residence impossible criticises the changes as unnecessary, mean-spirited and discriminatory. The document is available to download in Word or PDF formats:
• Response to SSAC's consultation on "Advance Claims for Habitual Residence" (74 KB Word file)
• Response to SSAC's consultation on "Advance Claims for Habitual Residence" (43 KB PDF file)

September 2006
Comments on the President of Social and Child Support Appeals Tribunal’s draft Statement of Good Pre-Hearing Practice for Guidance and Assistance of Those Representing Appellants at Tribunals

• This response by CPAG to the draft code of practice for appellants' representatives concludes that the document in its current form needs much work before it should be issued. The document is available to download in Word or PDF formats:
• Response to draft COP for tribunal representatives (104 KB Word file)
• Response to draft COP for tribunal representatives (67 KB PDF file)

July 2006
Welfare Reform Bill: Second reading briefing from CPAG

• This response to the Government's Welfare Reform Bill was written for the Second Reading of the Bill on 24 July 2006. It summarises CPAG's position on the Government's welfare reform proposals. It also responds to some of the more detailed proposals in the Bill, for example those regarding housing benefit. The document is available to download in Word or PDF formats:
• Welfare Reform Bill: Second reading briefing (80 KB Word file)
• Welfare Reform Bill Second reading briefing (55 KB PDF file)

October 2005
"Making Legal Rights a Reality: The Legal Services Commission's Strategy
for the CLS
Response of Child Poverty Action Group

• In this response to the Legal Services Commission's consultation, CPAG supports the desire to focus on the rights of individuals and to develop legal and advice services to uphold these rights. However, much of the vision set out in the proposed strategy is constrained by an inadequate pot of funds. CPAG therefore calls for an increase in funding to properly reflect the vast contribution and savings made to society by the legal and advice sector. The document is available to download in Word or PDF formats:
• Making Legal Rights a Reality: CPAG's reponse (136 KB Word file)
• Making Legal Rights a Reality: CPAG's reponse (197 KB PDF file)

  More detail on the consultation can be found on the LSC website http://www.legalservices.gov.uk/civil/docs_for_consultation/civil.asp#reality

October 2005
First Steps to Reform Tax Credits (143 KB Word file)

• The Child and Working tax credits have brought with them significant resources for families with children and are key to delivering the reductions in child poverty promised by the Government. However, the first two years have been dogged by serious problems especially around the recovery of overpayments and poor administration by HM Revenue & Customs. These problems have hit low income families hardest – in First Steps to Reform Tax Credits, CPAG lays out six practical steps to ensure that the tax credit system works in favour of low income claimants.

September 2005
The Use and Value of Oral Hearings in the Administrative Justice System – Comments of the Child Poverty Action Group on the Council on Tribunals Consultation Paper (128 KB Word file)

April 2005
'Healthy Start' CPAG's response to consultation by the Department of Health on the draft regulations (110 KB Word file)

• This paper gives the reasons that in CPAG's view these proposals do not meet any of consultation document's own "key principles for success". In brief these are; deterrent effect, speed and decisiveness, fairness, practicality, reduction of social exclusion, compatibility with the ECHR. On the contrary they are likely to be ineffective, uncertain, arbitrary, unfair, impractical, and will have the effect of increasing social exclusion. We would urge the Department to abandon them.

• This leaflet and sample letters are intended for advisers to use as a guide. The law on some of the issues discussed is complex, and advisers will need to seek specialist advice where necessary.

• It is CPAG's view that asylum seekers who are able to work should be able to do so and that social security benefits entitlement ought to arise on the basis of need rather than immigration status. Addressing these issues will considerably reduce the current public and media panic about asylum seekers. It is the responsibility of government and opposition parties to stem this unprecedented level of racism and xenophobia.

Archived briefings

Briefings are used in CPAG's lobbying work.