welfare writes - home - durham county council writes contents issue 16: august 2014 l page 2 pip...

welfarewritesThe magazine of social security and tax credit issues

With some claimants waiting almost a year for adecisions on their claim, we look at what's goingwrong with PIP - see page 2.

PersonalIndependencePayment ‘fiasco’

ISSUE16 August 2014

welfarewrites contents Issue 16: August 2014 l page 2

PIP LAUNCH 'FIASCO'page 3

Julie Henry explains how the launch of the new PIP benefit has been beset byproblems

ESA APPEALS: A WARNINGpage 5

Duncan Wall warns why appeals against being placed in the Work-Related Activity Group of ESA can have unintended consequences for both claimants and reps

ESA & VULNERABLECLIENTSpage 7

Phillip Allen examines how clients who are at risk can be protected fromunfavourable outcomes in the WorkCapability Assessment

WRS £15.8m RAISEDpage 8

Chris Graham reports on a record-breaking year of casework for the Welfare Rights Service

HELPING WIN APPEALSpage 10

Mick Guy explains how non-specialist staff can help their clients win appeals

WELFARE RIGHTS NEWSpage 13

Chris Graham provides an update on the service's new referral criteria, the work it has been doing with over 85s, and a research project that focuses on the health benefits of welfare rights advice

2014/15 BENEFIT UPRATINGpage 15

The main rates of benefit for 2014/15

2014/15 TRAINING COURSESpage 17

This year’s welfare rights training optionsfor DCC staff and how to commission oneof our courses

welfarewrites Issue 16: August 2014 l page 3

Since its introduction in April 2013, PersonalIndependent Payment (PIP) has been fraughtwith problems. The expected national rolloutwas delayed at the last minute, leaving only asmall number of areas beginning themigration process from DLA. The south ofDurham has been included in this initialmigration selection, with those living in the DLpostcode area being among the first in thecountry to be invited to move from DLA to PIP.

Even though the rollout has so far beenrestricted to this group, there has beengrowing concern expressed by all involvedover delays in processing claims for the newbenefit. Thousands of people are still waitingfor decisions, with many claimants waiting upto 12 months a decision to be made on theirclaim.

The way in which the introduction of PIP hasbeen handled has brought criticism from MPs,

charities, claimant, advisers and disabilitygroups because of these lengthy delays.

Official statistics released by the NationalAudit Office in June 2014 show that by April2014, a year after its introduction, 349,000new claims for PIP had been received butonly 83,900 decisions had been made. Thismeans that less than 25% of new claimantshave received a decision.

The Public Accounts Committee said thescheme had been 'rushed' through, with a'shocking' impact on claimants. MargaretHodge MP, chair of The Public AccountsCommittee, said 'the implementation of thePersonal Independence Payment has been nothing short of a fiasco.'

What is causing the delays? Most people applying for PIP have a face-to-face assessment to determine eligibility. This

assessment is carried out by the privatecontractors Atos Healthcare and CapitaBusiness Services. Both companies havefaced heavy criticism about their ability to fulfiltheir contract. Many lay the blame for the bulkof the delays at their door, with claimantshaving to wait up to 6 months before they areasked to attend the face to face assessment.

Once this assessment is completed there arefurther delays in the quality check processbefore the assessment can be sent to theDWP for them to make a decision.

We have heard from claimants who have hadappointments cancelled without notice, orhave been asked to attend assessmentsmany miles away from their home. Claimantsare expected to travel for up to 90 minutes toan assessment appointment and if they areunable to do so they may have to wait longerfor an appointment closer to home. One such

PIP: benefit launch marred by huge delaysJulie Henry explains why some claimants are waiting almost a year for a decision on their claim to the newPersonal Independence Payment


delay we have encountered concerned aclaimant from the north of the County whohad been asked to attend an assessment inYork.

Speaking to a local Atos contact we were toldthat the delays are expected to continuethroughout the remainder of this year and thatwe will not see an improvement until earlynext year. Among the reasons given were thatAtos are receiving an average of a thousandreferrals a day, and the face to faceassessment itself is taking a lot longer thaninitially expected - up to an hour. In order totry to address the backlog we are told that thecompany is currently in the process ofrecruiting an additional 200 healthprofessionals and is opening another 40assessment centres.

How to challenge delaysIf faced with a lengthy delay on a PIP claim,the best advice is to make a complaint. It’simportant to establish what is causing thedelay as this may lie with the DWP or Atos,who have the contract to conduct theassessments in the Durham area.

Atos complaints can be sent to [email protected], and a copyshould be sent to [email protected], claimants may telephone 0300 3300 120 to make a complaint, but if acomplaint is made over the phone we wouldadvise that it also be put in writing.

Where the delay is with the DWP claimantsmay lodge a complaint by phoning the PIPenquiry line on 0845 850 3322; but it isimportant that the caller makes it clear thatthey wish to make a formal complaint. Wewould also suggest that claimants complain totheir MP.

The futureIn June this year the DWP announced the firstindependent review of PIP. The review will beconducted by Paul Gray CB, who will betaking evidence from organisations andindividuals. The 'call for evidence' period runsfrom 23 June 2014 until 5 September. If youhave had experience of the PIP system wewould encourage you to submit evidence.Information on the review can be found at

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/321292/pip-indpendent-review-1-call-for-evidence.pdf.

Starting October 2015, all remaining workingage claimants in receipt of DLA will be invitedto make a claim for PIP. The DWP willrandomly select DLA claimants in receipt ofan indefinite award or a fixed term award, andnotify them about what they need to do toclaim PIP. By October 2017 the governmentexpects that all existing DLA claimants whowere aged 16 to 64 on 8 April 2013 will havebeen invited to claim PIP.


It seems now generally accepted that anappeal to a tribunal on one aspect of adecision opens the doors to the wholedecision being revisited. Recently inCE/2928/2013 Judge Jacobs, sitting in theUpper Tribunal, determined that forEmployment and Support Allowance anappeal against a refusal to place a claimant inthe Support Group in fact opened up thewhole case so that the tribunal wasempowered to remove the Limited Capabilityfor Work assessment points, or any allowancegranted under Regulation 29.

In some ways this decision contradicts therecent decision in CDLA/3710/2012 in whichJudge Bano determined that a tribunal in aDisability Living Allowance case could onlydeal with matters that were properly placedbefore it by the appeal. Nonetheless, as aresult of Judge Jacob's decision, it seemsclear that an appellant who has been

awarded ESA but considers they have beenplaced in the wrong group is, by appealingthat decision, risking the whole of their award.The issue remaining is whether or not anappellant should be given a warning by atribunal if the tribunal is considering removingall or part of an award of benefit previouslymade.

Judge Jacobs takes an unusually restrictiveview of this issue. At paragraph 27 of hisdecision he states that 'the claimant wasrepresented by solicitors. The content of theirwritten arguments bespeaks theircompetence. This is very different from anunrepresented claimant or one with arepresentative whose is inexperienced andunfamiliar with the legislation. The tribunalwas entitled to proceed on the basis that thesolicitors understood the legislation and thatthey had advised the claimant accordingly.Added to this is the consideration that the

logic of the solicitors’ argument required thetribunal to take the course that it did. Thetribunal’s approach should not have come asa surprise.'

In essence, therefore, the more competent atribunal representative is deemed to be by atribunal, the less care the tribunal seems tohave to take to warn the appellant of thedangers of losing that which they alreadyhave. This poses a number of potentialdifficulties for advice organisations.

Firstly, whereas the organisation may well beexperienced and well respected, theindividual attending the tribunal may not be,yet they are potentially saddled with the sameliability as their more experienced colleagues.Secondly, there are potential liabilityquestions if a representative fails to warn aclient who then loses benefit as a result of thetribunal's decision, if this decision is made

ESA WRAG appeals: a risky businessDuncan Wall warns that appeals against being placed in the Work-Related Activity Group of ESA can haveunintended consequences


without the representative warning theclaimant in advance that this decision mightbe given.

Thirdly, representative organisations need toconsider their processes to the extent thatstandard letters should now be amended tocover the possibilities that just likeinvestments, ‘the value of tribunals decisionscan go down as well as up.’ This of courseraises the ancillary question of whether or notsuch a warning would be sufficient withoutbeing reiterated at the tribunal hearing orbefore any written submission was made onthe appellant's behalf.

Fourthly, even where a case appears strongon paper there is a risk of either the appellantdamaging their own case with verbalevidence or the tribunal effectively‘ambushing’ the appellant in order to removea pre–existing award. In these circumstancesit may well be prudent to warn every appellantof the various inherent risks of proceedingwith any hearing.

The corollary to that is that even with papercases, if the tribunal deems therepresentative to be competent or

experienced, they can still proceed to undothe original decision without a warning, andafter all which organisation is going to arguethat they were neither competent norcapable?

Lastly, of course, there is the question of thedamage to confidence in and competence ofa representative. Appellants at tribunal arehabitually nervous and unsure of the potentialoutcomes. If representatives are now to becharged with explaining the potentiallynegative consequences of proceeding,appellants may perceive that their chances ofsuccess are weak and think that their faith inthe representative or organisation may bemisplaced.In this context, the commentary by JudgeJacobs is an unwelcome burden to those whoseek to provide professional advice and alevel of certainty to appellants. For the mostpart appellants are vulnerable, or at the veryleast inexperienced in the machinations of thetribunal process with its complex rules andregulations, and this decision raises thespectre that claimants might in some waysdisadvantaged by the very representation thatseeks to assist them.


Employment and Support Allowance (ESA)is a benefit for people who have limitedcapability for work, this being assessed by apoint-scoring system called the WorkCapability Assessment (WCA). Many peoplewith significant health issues struggle to passthe assessment. However, even if a patientdoes not score enough points to pass, if beingfound ‘fit for work’ or work-related activitywould pose a substantial risk to their physicalor mental health, they will be deemed to havepassed the test regardless of lack of points.

Regulation 29 of the Employment andSupport Allowance regulations states:

‘A claimant is to be treated as having limitedcapability for work […] if […] there would be asubstantial risk to the mental or physical healthof any person if the claimant were found not tohave limited capability for work’.

Regulation 35 of the Employment andSupport Allowance regulations states:

‘A claimant is to be treated as having limitedcapability for work-related activity […] if […]there would be a substantial risk to the mentalor physical health of any person if the claimantwere found not to have limited capability forwork-related activity’.

One example of where these provisions mightapply is where a patient suffering from anxiety,depression, or suicidal ideation, does notscore enough points to pass the WCA, or meetthe usual criteria for the Support Group. Ifbeing found fit for work or work-related activitymight lead to substantial risk of self-harm ordeterioration in condition they can use reg. 29or 35 to gain entitlement.

The Welfare Rights Service has issued aguidance note to GPs in the County which canbe found on GPTeamNet and explains how, if

the GP believes a patient’s health will suffer ifthey are found fit for work or work-relatedactivity, they can help by writing a letter statingwhy they believe this is the case.

The provision of such evidence can be vital inhelping the decision maker to decide correctlyif the claimant has limited capability for work orwork-related activity. The letter should be givento the patient so they can submit it as evidencein support of their claim.

Other professionals and support workers whoare interested in how they can support clientswho are at risk from being found 'fit for work' orbeing placed in the work-related activity groupof ESA should contact Durham County CouncilWelfare Rights Service for advice.

ESA: vulnerable clients and the WCAPhillip Allen explains how the Welfare Rights Service is helping GPs to support at-risk patients through the WorkCapability Assessment


During 2013 - 14 the Welfare RightsService raised a record £15.88 million fromour casework and representation service. Thisfigure represents an increase of 14% on the2012 - 13 total. In addition to this sum, afurther £75,000 was raised by the MacmillanCancer Support team in Blue Badgeapplications for people affected by cancer.This represents an excellent return for thepeople of County Durham.

Level of ResolutionIn terms of the stage of claim at whichsuccess is achieved, the largest increase yearon year has been in fresh claims, up by £1.3mper year to £10.5m. Monies raised at appealstage have gone up by £542,689.71 on 2012 -13. The amount of monies raised at thesupersession stage increased by £102,608.89on the previous year.

Since the DWP introduced a mandatoryreconsideration stage into their decisionmaking process in October 2013 it would havebeen reasonable to anticipate an increase inthe number of cases settled at this stage.Contrary to expectations the amount ofmonies raised at that stage has actuallyreduced, albeit only by £10,000 on theprevious year.

AppealsThe Service represented at 1,147 appealhearings, an increase of 5% on 2012 - 13. Thesuccess rate at tribunal was 69% - a reductionfrom the 72% of the previous year. This couldbe due to the fact that the DWP are having anopportunity to put right their decisions throughthe mandatory reconsideration/supersessionprocess and so the more ‘borderline’ casesprogress to appeal.

Quality of WorkDuring the course of 2013 - 14 successfuloutcomes on claims have been maintained at89% (9 out of 10 successful), the same as theprevious year. Over recent years this successrate has consistently increased:

Partnership WorkMacmillan Cancer Support

The Service's Macmillan Cancer Supportteam has increased monies derived from

Welfare Rights: £15.8m raised in County DurhamJulie Henry explains why some claimants are waiting almost a year for a decision on their claim to the newPersonal Independence Payment

2013 - 14 89%

2012 - 13 89%

2011 - 12 86%

2010 - 11 84%

2009 - 10 82%


casework from £4.88m in 2012-13 to£6.88million last year. This represents a 41%increase in the monies raised for peopleaffected by cancer living in the County.

The Macmillan Cancer Support team has alsobeen involved in a pilot to provide debt adviceto people affected by cancer. The partnershipis with the Step Change debt advice charity,Macmillan Financial Services based inGlasgow, and Macmillan’s national contactcentre. £1million in debts have been dealtwith up to the mid–point of the pilot.

Durham County Council Welfare RightsService is the only face to face Macmillanservice involved in the pilot. Once evaluated,the pilot is likely to get rolled out around thecountry to other face to face Macmillanservices.

Working with other County Council services

The Welfare Rights service also helps otherparts of the County Council to help theirclients:

l Housing Solutions service

l Disabled Childrens team

l Public Health, supporting the work of East Durham Trust and the Cree Projects

l Sensory Support team

l Children Services where clients are in transition from children to adult services

l Adult Services where clients are living independently and in supported housing.

l Revenues and Benefits with tenants in arrears

The past year has offered a very challengingenvironment in the field of Social Security,with the Welfare Reform agenda throwing upa host of issues. As these figures show, theWelfare Rights service has been up to thetask of assisting people living in CountyDurham access their correct entitlementsregardless of these difficulties.


A successful appeal can literally changesomeone’s life. Last year at Welfare Rightswe raised in excess of £3 million as a result oftribunal representation alone. Some of ourclients saw their weekly income more thandouble, and in addition received substantialbenefit arrears sometimes running into thethousands.

Statistics show that clients who attend atribunal have, on average, a fourfold greaterchance of winning their appeal compared tothose who let it be heard without attending.And representation makes a furthersignificant difference. In the last year 69% ofthe people we represented won their appeals.Yet most negative decisions go unappealedand, of those who do appeal, many‘disengage’ before their appeal is heard.

Perhaps understandably the tribunal processcan seem daunting to anyone who hasn’texperienced it. After all it’s a bit like court isn’t

it? Well no, it isn’t. In fact tribunals are quiteinformal and their members are friendly,approachable and will do their best to putpeople at their ease. But that doesn’t meanthat clients don't need supporting through theprocess and there is lots that can be done tohelp, even by someone who isn’t a welfarerights professional.

There are some decisions where an appealisn’t a good idea (for example where theclient risks a current award or has no chanceat all of winning), but in many cases thedecision will involve either a denial of abenefit claim or a removal of an existingaward. In such cases there is nothing to loseby appealing. If in any doubt just ring ourconsultancy and referral line (03000 268978 -12.30 to 3.30 weekdays).

Initiating a disputeThe first thing to do is to make sure that yourclient submits a dispute within the time limit.

This is one month, starting from the date ofthe decision. What is required is a letter to theDWP explaining briefly why the decision iswrong and asking them to reconsider it. Thiswill start the process known as MandatoryReconsideration after which the DWP willissue a fresh decision. Unfortunately there isno time limit for the DWP to make thisreconsideration.

If the original decision is unchanged the clientneeds to complete form SSCS1 to proceed toa tribunal hearing. This form should havebeen sent out with the reconsiderationdecision and requires restatement of thegrounds of appeal (i.e. why the claimantdisagrees with the decision). It too must besent back within one month.

Gathering evidenceApart from encouragement, emotionalsupport, and ensuring clients comply with allthe deadlines, the most important thing you

Helping clients win appeal tribunalsMick Guy explains the role of the non-specialist worker in assisting clients with appeals and appeal tribunals


can do is to get evidence to support yourclient’s case. When dealing with an appealinvolving disability issues - by far the mostcommon area of dispute - the best evidenceis from medical professionals. Tribunals tendto give increasing weight to evidence furtherup the ‘status chain’, so a consultant’sevidence will weigh more heavily in mostcircumstances than that of an occupationaltherapist. Of course, that does not mean thatan OT’s assistance is of little value, especiallyif no other supporting evidence is available.

Probably the biggest mistake evidencegatherers make is to ask the medicalprofessional about their client’s diagnosis andtreatment but forget to ask them how theircondition affects their mobility and activities ofdaily living. Tribunals have to apply the law tothe facts and what is always more importantis how someone’s condition affects them andrelates to the qualifying criteria of the relevantbenefit rather than just a bare diagnosis.

If your client has a ESA/DLA/PIP/AA appealyou will not go wrong asking the medicalprofessional for a letter addressing these fourquestions:

l What are the diagnosis and treatment?

l How far can they walk without severe discomfort outside on level ground?

l Do their health problems affect their activities of daily living? If so, in what ways?

l Do they use any aids or adaptations to assist them?

The second pitfall to be aware of is submittingevidence which detracts from the client’scase. This is where you will need to be awareof the qualifying criteria for the benefit inquestion, or at least have a basic idea. Again,if in doubt, call our consultancy and referralline.

Attending the tribunal hearingSo you’ve got all the evidence you can andthe hearing is fast approaching. What next?This is a crucial stage for emotional supportto ensure the stress of the approachinghearing doesn’t overwhelm the client. It’s bestif someone can take them to and from thehearing. Apart from ensuring they actually getthere while avoiding the stresses of publictransport, having a friendly face with them

makes a big difference. This is especially soin the case of clients with mental healthproblems.

Tribunals will often ask an appellant how theytravelled to the hearing and draw inferencesfrom the answer. For example, if they havesaid on the claim that they can’t leave thehouse unaided yet travel to the hearing alone,that’s not a good start to say the least!Another thing to bear in mind is that thetribunal will be looking at how your client’scondition affected them at the date of thedecision, not how they are at the date of thehearing. They will usually ask whethersomeone is better, worse or much the sameas they were at the date of the decision. Fewpeople seem to realise that ‘worse now’means ‘better then’!

How you fit into the hearingTribunals mostly consist of two or threepeople. In the case of an ESA appeal there isa tribunal judge (they used to be calledchairman until 2008 and function more in thatmanner than that of a judge) and a doctor. Inthe case of a DLA/PIP/AA appeal there is alsoa disability member who either has a disabilityor has experience of working with people with


disabilities. After the introductions they willwant to question your client. It’s important tolet them answer unaided because the tribunalwants to assess their evidence. Even if theystruggle to answer the questions this isevidence in itself (and often good evidence).Tribunals recognise that the people whoappear before them will be nervous about thehearing and will take this in account and tryand question them gently and in asympathetic manner. Of course they alsohave a job to do and will be assessing theappellant’s credibility. If you are in the hearingin a purely supportive role then do not worry,there is little for you to do. It is what it is. Buteven just sitting in on proceedings will make adifference and if you are actively involved inyour client’s care it will probably help if youcould briefly summarise your involvement.

Obtaining representationRepresentation is a skill in itself and isbeyond the scope of this article. If at allpossible secure representation for your client,either through DWR or CABx. If you find out aclient has an appeal date at very short noticeexplain the difference good evidence andrepresentation can make and advise them toask for an adjournment to seek further

evidence and representation. Or even betterattend the appeal venue and ask the tribunalto adjourn yourself.

After the hearingThe decision is usually given on the day ofthe hearing but sometimes is sent by post. Ifsuccessful it will take the DWP about 4 to 8weeks to implement it and put the monies intothe client’s bank account. If unsuccessful theonly challenge to be made is on a point oflaw. Again, if you are unsure the duty WRO on ourconsultancy and referral line should be ableto help as well as giving advice on anybenefits that may be claimed as analternative.

I hope this article encourages caringprofessionals who were perhaps reluctant tobecome more involved with their clients socialsecurity matters. Helping clients move out ofpoverty is probably the most important singlemeasurable thing anyone in the social carefield can do. Good luck!


NEW REFERRAL CRITERIAThe Welfare Rights service has widened itsreferral criteria and is now able to take on awinder range of cases. The new criteria areas set out below for cases requiringcasework and appeals representation:

l Clients referred from Warm and Healthy Homes

l Any member of a household (includes non - dependants) in Co. Durham that receives Housing Benefit or an award under the Council Tax Reduction Scheme

l Clients referred from Citizens Advice County Durham/Carers Centre/Age UK after the mandatory reconsideration process

l A member of the Armed Forces Community, including dependent families (Regular Personnel, Reservists, Veterans, Bereaved)

In addition, form completion services andsurgery appointments are available for:

l Clients at End of Life l Anyone living in Co Durham with a

cancer diagnosisl Suicide Prevention cases, e.g. Cree

Projectsl Clients referred by Sensory Support

teamsl Clients referred by Disabled Children

teamsl Clients referred by Housing Solutions

How to make a referral

Cancer or End of Life casesMacmillan Referral Line (for people affectedby cancer): 03000 268 988 9am - 4pm oremail [email protected]

All other casesEmail: [email protected]

Consultancy and referral line (forprofessionals only): 03000 268 978 12.30pm - 3.30pm

Public Advice Line: 03000 268 968 9am - 12 noon

When making a referral, please have thename, address and telephone no of the client,and any necessary details about income,capital, health problems and disability.

BENEFITS FOR OLDER PEOPLEA take up campaign to encourage olderpeople aged 85 and over to claim AttendanceAllowance is underway and picking up steam.The campaign is a shared venture betweenthe Welfare Rights Service, Revenues andBenefits, and the Department for Work andPensions.

The take up is initiated by a letter that is sentout to people aged 85 and over living in the

Welfare Rights newsChris Graham provides an update on the latest activities of the Welfare Rights Service


County who, according to Revenues andBenefits records, do not have an award ofAttendance Allowance. They are invited toring in and speak to a Welfare Rights Officerto discuss whether it would be worthsubmitting a claim for Attendance Allowance,as well as any other benefits they may bemissing out on.

Since its launch in October 2013 thecampaign has generated 81 new cases, withfinancial gains of £193,943 for older peopleliving in the County.

‘DO WELL’ RESEARCHWe have reported in previous editions ofWelfare Writes that we, along with other LocalAuthority Welfare Rights services, have beeninvolved in the ‘Do Well’ research project withNewcastle University. The project evaluatesthe effect of advice services on the well beingof older people.

This involves working with two groups of olderpeople, one of which received advice in2012/13 and a second control group whowould only be contacted to receive advice atlater date. The second group were, however,

free to access advice services at their owninitiative during the whole period of theresearch project.

Our involvement with the second group isnow starting as part of the 24 month followup, when Newcastle University interviewerswill return to see all the participants recruitedto the study. They will go through the samequestions that they were asked when theywere first recruited.

Following this, the control participants will beoffered a welfare rights advice appointment.We anticipate the first referrals to our servicewill be within the next week or two up untilapproximately March/April 2015.


Benefit & tax credit rates 2014-15Income Support / Income-based Jobseeker’s Allowance

Personal allowances Single under 25 or lone parent under 18 £56.80

Single 25 or over, lone parent 18 or over £71.70

Couple: both under 18, or one under 18 and one 18-24 £56.80

both under 18, with dependent child £85.80

one under 18, one 25 or over £71.70

both 18 or over £112.55

Dependent child1 £65.62

PremiumsFamily1 £17.40

Disability – single / couple £31.00 / £44.20

Enhanced disability – single / couple £15.15 / £21.75

Enhanced disability – child1 £23.45

Severe disability – single or couple where one qualifies £59.50

Severe disability – couple where both qualify £119.00

Disabled child1 £57.89

Carer £33.30

Income disregards (weekly)Earnings disregard – single / couple £5.00 / £10.00

Earnings disregard if in receipt of carer or disability premium £20.00

Specific employments (e.g. part-time firefighter, aux coastguard) £20.00

War pensions and widowed mother’s or parent’s allowance £10.00

Boarders’ & subtenants’ payments (+50% of remainder of board payments) £20.00

Student loan £10.00

Capital rules (£1 tariff income for every £250 or part thereof over tariff threshold)

Capital limit Tariff income thresholdAdult(s) £16,000 £6,000

Adult(s) in care/nursing home £16,000 £10,000

Dependent child1 £3,000 N/A

Note: 1 Only applicable in pre-April 2004 claims where no child tax credit in payment

Income-related Employment and Support Allowance

Personal allowances Assessment phase – same as Income Support / Income-based JSAMain phaseSingle <25 or lone parent <18 / single 25+ or lone parent 18+ £56.80 / £71.70

Couple: one or both under 18, no dependent child £71.70

one or both under 18, with dependent child £112.55

both 18 or over £112.55

Components and premiums Work-related activity component £28.45

Support component £34.80

Pensioner, single (reduced by amount of any component paid) £73.70

Pensioner, couple (reduced by amount of any component paid) £109.50

All other premiums are the same as IS, except there are no disability, family, or child-related premiums.

The enhanced disability premium is awarded automatically to people in the supportgroup.


Pension Credit

Guarantee Credit Standard minimum guarantee – single / couple £145.40 / £222.05

Premiums: The severe disability and carer premiums apply as with Income SupportCapital: Tariff income is generated at £1 for every £500 or part thereof over savings threshold of £10,000. There is no cut-off limit.

Savings Credit Threshold MaximumSingle £115.30 £18.06

Couple £183.90 £22.89

Housing Benefit and Council Tax Reduction as for Income Support except:

Personal allowances Single or lone parent (any age) entitled to main phase ESA £71.70

Single or l.p. of qualifying age for PC to 64 / 65 or over £145.40 / £163.50

Couple: both under 18 (n/a to CTB) £85.80

one or both 18 or over or entitled to main phase ESA £112.55

one or both of qualifying age for PC to age 64 £222.05

one or both aged 65 or over £244.95

Premiums and componentsFamily premium lone parent rate £22.20

ESA work-related activity component £28.45

ESA support component £34.80

Capital: Cut-off limit is £16,000 except for those getting PGC who have no limit. Tariff income threshold is £6,000 except for those of PC qualifying age where it is £10,000.

Tax Credits

Child Tax Credit annualFamily element £545

Child element / disabled child element (add to child element) £2,720 / £3,015

Severe disability element £1,220

Income threshold if entitled to CTC only (41% taper) £15,910

Working Tax Credit annual except for weekly child care elementBasic element / 30 hour element (add to basic element) £1,920 / £790

Lone parent or couple element £1,970

Disabled worker element / severe disability element £2,855 / £1,220

Child care element, 1 child / 2 or more children (70% of max of:) £175 / £300

Income threshold if entitled to WTC or WTC + CTC (41% taper) £6,420

Non means-tested benefits

Attendance Allowance low / high £53.00 / £79.15

Disability Living Allowance care component l / m / h £21.00 / £53.00 / £79.15

mobility component l / h £21.00 / £55.25

PIP daily living component standard / enhanced £53.00 / £79.15

mobility component standard / enhanced £21.00 / £55.25

Carer's Allowance standard rate / earnings limit £59.75 / £100.00

Child Benefit first child / subsequent child £20.30 / £13.40

Guardian's Allowance £15.90

Contribution-based JSA under 25 / 25 or over £56.80 / £71.70

Contribution-based ESA assessment phase same as cbJSA

main phase component + £71.70

Incapacity BenefitShort term under pension age, lower / higher £76.85 / £90.50Adult / child dependant (only paid with higher) £45.85 / £11.35Long term £101.35Adult / child dependant paid with long term £58.85 / £11.35Age addition 35-44 / under 35 £6.00 / £10.70

Maternity Allowance standard rate / threshold £136.78 / £30.00

Bereavement benefitsBereavement Payment £2,000Bereavement Allowance 45-54 / 55-pension age £32.49-£100.72 / £108.30Widowed Parent's Allowance £108.30

State Pension Cat A and Cat B for widow(er)s £110.15

Cat B (husband's NI) and Cat C or Cat D £66.00


How clued up are you about the benefitssystem? Do you know what benefits yourcurrent clients and service users are entitledto? Would you know what to do if theyreceived an adverse decision on one of theirbenefits? Are you aware of the impacts thatthe planned changes to the current benefitssystem are likely to have on your serviceusers, and on demand for services?

The current welfare reform programme poseschallenges to claimants, to local communities,and to those who provide services to them;and the pace of reform is increasing. Soon wewill see the start of the transfer of existingworking–age Disability Living Allowance(DLA) claimants over to the new PersonalIndependence Payment (PIP). The newbenefit brings a completely new assessmentsystem which will lead, according to DWPestimates, to almost a million of the 1.75mexisting working–age DLA claimants receivinga reduced award, or no award at all. Thetransfer of existing Incapacity Benefitclaimants to Employment and Support

Allowance is ongoing, and the new sanctionsregime for people in the work–related activitygroup of ESA is gradually being toughenedup. Universal Credit, with the huge changesthis will mean to some of the most vulnerablemembers of society, looms just over thehorizon.

These and many other changes to statesupport provide challenges to staff who haveto deal with the complex issues that will arisefor many claimants who are affected by them.The Welfare Rights Service has updated itsrange of standard training packages to reflectthe needs of advisers and otherprofessionals.

Among the range of training packagescurrently offered are:

Introduction to Benefits (2 day course)aimed at those new to the benefits systemEmployment and Support Allowance(1 day) suitable for allPersonal Independence Payment(1 day) suitable for all

Universal Credit (1 day) for staff with areasonable knowledge of the existing benefitssystem

The Welfare Rights Service also offerstraining on many other aspects of the UK'ssocial security system, and can often tailorcourses to your team's specific needs. Forvoluntary sector and many public sector staffwho work in County Durham, our training canusually be offered free or for a minimalcharge.

If you are interested in obtaining benefitstraining for your team, please contact us [email protected], quoting‘benefits training’ in the subject line of youremail.

Welfare Rights training courses 2014-15

Produced by Durham County Council’s Welfare RightsService, for Social Care workers, other council staff andpartner agencies

www.durham.gov.uk/welfarerights

03000 268 968

Welfare Rights ServiceDurham County Council, Revenues and Benefits, PO Box 254, StanleyCounty Durham DH8 1GG

Public advice line - 03000 268 968

The Welfare Rights Public Advice Line is open Monday to Friday 9 am until 12 noon Advisers, staff and other professionals should use the Consultancy and Referralline: see the details which have been given to your organisation

Further info, contributions, requests & [email protected] email us if you need further information on any of the articles in this issue,or want to suggest or contribute future articles

Welfare Rights | Resources | Council Offices | Green Lane | Spennymoor, | County Durham | DL16 6JQwww.durham.gov.uk/[email protected]

welfarewritesThe magazine of social security and tax credit issues

welfare writes - home - durham county council writes contents issue 16: august 2014 l page 2 pip...

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