Department for Work and Pensions, Caxton House, Tothill Street, London SW1 9NA

www.gov.uk/government/organisations/department-for-work-pensions

ISSN 2054-2836 (Online)

HB G10/2016                                                     17 October 2016

Contents

                                                                                                            paragraph

Non-HB debt files to be shared via the Data Hub........................................................... 1

Revised DWP/LA email notification template for benefit cap cases........................... 4

HB decisions by the Upper Tribunal................................................................................. 9

Statutory Instruments........................................................................................................ 12

What’s new on the web.................................................................................................... 14

Crown Copyright 2016

Recipients may freely reproduce this bulletin.

Non-HB debt files to be shared via the DWP Data Hub

1. As of February 2017, the Department for Work and Pensions (DWP) will be sending non-HB debt files to over 200 local authorities (LAs) via the DWP Data Hub rather than via existing email or file transfer methods.

    

2. Please be aware that staff from your LA rent arrears or Council Tax debt recovery teams may want to approach your Data Hub administrators to find out how they will be able to access the monthly files that are to be shared on the Hub.

    

3. If you have any questions or concerns about this please contact Craig Millar at lads.deliveryteam@dwp.gsi.gov.uk.

    

    

   Revised LA/DWP email notification template for benefit cap

   cases

    

4. Feedback from both DWP and LA partners highlighted that the benefit cap email notification template, which is being used to exchange claimant data, needed to be redesigned as it did not work effectively and was causing issues for LAs and customers alike.
5. A joint LA/DWP Working Group, with an LA expert from each County/Region, was established to review and revise the template in order to improve the data transfer between LAs and DWP and, ultimately, the customer experience.
6. We have now developed a revised LA/DWP email notification template which the LA Practitioners’ Operational Group has endorsed. It is clear and easy to follow and will reduce the amount of time it takes to complete.
7. The revised LA/DWP email notification template has been attached as a separate appendix to circular HB A10/2016 (Revised) and can be found on GOV.UK. It should be used for any future exchanges of benefit cap claimant data between LAs and DWP.
8. If you have any questions regarding the content of this article please email Joanne Womack at la-benefitcap.changesnational@gsi.gov.uk

HB decisions by the Upper Tribunal

1. Decision Making and Appeals Leeds is aware of the following HB cases that have been decided by the Upper Tribunal:

• CH/1307/2016: Spare Room Subsidy. Remit. Nelson followed.

   

• CH/2842/2015: Spare Room Subsidy. Claimant appeal upheld. Lack of privacy precluded classification as a bedroom.

   

• CH/2421/2015: More findings of fact needed to establish level of self-employed earnings.

   

• CH/414/2016: Remit. Tribunal failed to have regard to Regulation 101(2) of HB Regulations 2006.

   

• CH/1024/2015: Dismissed, not an official error. Appellant did not notify the designated office.

   

• CH/1633/2016: Tribunal failed to apply and interpret Regulation 100(2), decision remade Upper Tribunal Judge found overpayment recoverable under regulation 100 (1).

   

• CH/1143/2014: Following the Saint-Prix judgement the claimant retained a right to reside during her maternity leave and could claim benefit.

   

• CH/1286/2016: Exempt accommodation. Tribunal applied incorrect test. Finding needed on whether landlord in fact provided support within the meaning of the Regulations.

   

1. Decisions of the Upper Tribunal are published on their website which can be found on GOV.UK.
2. If you have any queries about cases before the Upper Tribunal Judges or courts, you can contact us by email at fldmdma.customersupportservices@dwp.gsi.gov.uk or fax on 0113 2324841.

Statutory Instruments

1. The following Statutory Instruments (SIs) have been laid:

• 2016 No.909, The benefit cap (HB and Universal Credit) (Amendment) Regulations 2016, coming into force 7 November 2016
• 2016 No.942, The Offshore Installations (Safety Zones) (No. 4) Order 2016, came into force 26 September
• 2016 No.963, The Welfare Reform Act 2012 (Commencement No. 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2016, coming into force from 5 October 2016
  • 2016 No.986, The Income-related Benefits (Subsidy to Authorities) Amendment Order 2016, coming into force 18 November 2016

1. Copies of SIs can now be downloaded from DWPs’ own website dwp.gov.uk/publications/specialist-guides/law-volumes/the-law-relating-to-social-security/ and the website of the Office of Publication Sector Information opsi.gov.uk/stat.htm

What’s new on the web

1. The following items can be found on the website link shown