Welfare Rights Team - Annual Report 2023/2024

The Welfare Rights Team is the only advice agency offering a full tribunal representation service within the Perth and Kinross area.

The team can appeal to both the First-tier and Upper-tier Tribunals as necessary.

Last year we represented at 80 benefit appeals, a 34% reduction in the number of appeals compared to last financial year.  Our success rate at appeal was 89% which is an improvement on last financial year when our success rate was 81%.

The total amount of benefit gains as a direct result of representation at appeal was £681k (this figure does not include any further benefit entitlement that may be awarded in addition to the benefits paid following successful appeal).

The benefits appealed included Attendance Allowance, Adult Disability Payment, Carer's Allowance, Child Disability Payment, Employment & Support Allowance, Personal Independence Payment, Scottish Child Payment and Universal Credit.

The three benefits with the highest number of appeals were:

• Personal Independence Payment
• Universal Credit
• Adult Disability Payment

Further information on challenging benefit decisions can be found on our dedicated webpages.

Tribunal representation is highly intensive work but is unavoidable when income maximisation is one of the main goals of the service.

Tribunal cases involve taking evidence from the appellant and other witnesses, studying of the Respondent's (the DWP, Tax Credit Office or other benefit authority) legal and factual submissions prior to appeal, collecting supporting evidence from third parties, preparing the appellant (client) for the hearing itself, preparing case law arguments and written submissions for the hearing and representation and advocacy on behalf of the appellant on the day of the hearing.

It may also subsequently involve appealing further to the Upper-tier Tribunal or exploring other forms of legal remedy following the hearing.

Steps are often taken to resolve factual or legal points at either the claim stage or review stages of a case but often cases need to be heard at tribunal before a correct, fully informed decision can be made.

There is no tribunal venue within the Perth and Kinross area.

The team therefore represent at hearings across two venues:

• Dundee
• Stirling

The venue is determined by the postcode of the appellant.

As well as representing at tribunals in person we also represent at hearings held remotely via telephone or via video link.

We always aim to resolve benefits issues at the lowest possible level by gathering evidence and submitting this to the relevant decision-making body in advance of the appeal hearing. Resolution at a lower level avoids attendance at an appeal hearing and therefore reduces anxiety and stress for our clients as well as being less costly to the taxpayer.

Challenging benefit decisions case studies

Case Study 1

Richard was a pensioner with mental health difficulties, COPD and back pain.

Living on his own in a PKC property.

He contacted Welfare Rights in relation to an overpayment of Employment Support Allowance of £5000 that DWP had said accrued due to him continuing to receive the Severe Disability Premium within income-related Employment & Support Allowance when he was not entitled.

Richard's allocated Welfare Rights Officer established the DWP were wrong, he was entitled to the Severe Disability Premium and had not been overpaid however the decision had been made in 2019 so he was out with the time to challenge it through the Mandatory Reconsideration and Appeal process.

Richard's worker instead wrote to Employment Support Allowance on his behalf asking for an anytime revision of their decision which was successful. The decision was changed in Richard's favour and the entire overpayment of £5000 was cancelled.

Case Study 2

Bonnie was living on her own in a 2-bedroom PKC property.

She suffers from anxiety and depression.

She contacted Welfare Rights because her application for Adult Disability Payment had been refused.

She was advised how to request a redetermination and that if that was unsuccessful, we would help with an appeal.

Bonnie was receiving Universal Credit and had been awarded Limited Capability for Work some months before contacting Welfare Rights.

She was still in time to challenge this decision with a view to being awarded Limited Capability for Work Related Activity and an increase in her Universal Credit entitlement.

We emailed her a message to put on her journal asking for a late Mandatory Reconsideration.

As she was living on her own in a 2-bedroom council property Bonnie was affected by the bedroom tax so we also assisted her with a Discretionary Housing Payment application.

Bonnie's Adult Disability Payment redetermination was successful and she was awarded the Standard Rate of the Daily Living component and we advised her of the ancillary entitlements such as the companion bus pass and cinema card she was entitled to as a result.

Bonnie's application for Discretionary Housing Payment was also successful which meant her full rent was now covered.

Bonnie's Universal Credit late Mandatory Reconsideration was unsuccessful, an appeal was lodged and she was allocated a Welfare Rights Officer to represent through that process.

Upon receiving Universal Credit's response to the appeal Bonnie contacted us to say having read their reasons for the decision she agreed with it and no longer wished to appeal. She felt it wouldn't be worthwhile and felt overwhelmed at the thought of having to attend a hearing.

Bonnie's allocated Welfare Rights Officer read Universal Credit's response to the appeal and concluded there was case law that supported her being awarded Limited Capability for Work Related Activity and from experience there was a likelihood the tribunal would overturn the decision without a hearing taking place.

Bonnie decided to pursue appeal following a conversation with her allocated Welfare Rights Officer.

The appeal was successful with the tribunal overturning the decision without the need for a hearing.  Bonnie was awarded Limited Capability for Work Related Activity which increased her Universal Credit by £90.01 per week with arrears of £5400 paid to her.

At the time of appeal Bonnie had just become a Kinship Carer.  Her Welfare Rights Officer assisted with a successful application for Scottish Child Payment (£25 per week), advised on getting an increase in her Universal Credit Housing Costs (£10.22 per week) and informing the Scottish Welfare Fund that she no longer required Discretionary Housing Payment.

Bonnie's case remains open for possible assistance with a Child Disability Payment application for the child in her care.

Case Study 3

Rachela is a Polish national with pre-settled status.  She was living with her partner who also had pre-settled status and their 2 sons aged 11 and 6 months.

She was initially allocated a Welfare Rights Officer to assist her with challenging the decision to refuse her entitlement to Council Tax Reduction and with a new claim.

It transpired she also had a Universal Credit decision at Mandatory Reconsideration stage where Universal Credit had deducted more income from Rachela's entitlement than they should have so an appeal against that was also lodged.

Challenging the Council Tax Reduction decision and the new application were both successful with a backdated award made.

The Universal Credit appeal was lapsed with a decision made in Rachela's favour.

Rachela's youngest son was born prematurely and had related health problems and she had applied for Child Disability Payment, her Welfare Rights Officer kept her case open pending a decision on this.

Rachela's circumstances changed while waiting on this decision as she became a lone parent and she had subsequent issues with her Universal Credit that her Welfare Rights Officer assisted her with.

Rachela was renting privately and her Universal Credit did not cover the total cost of her rent so she was also advised to apply for Discretionary Housing Payment which was awarded.

Rachela's son's Child Disability Payment was refused and she was assisted to request a redetermination which was also refused.

Rachela's Welfare Rights Officer helped her lodge an appeal against the refusal.

In their response to the appeal Social Security Scotland changed their position and were recommending the Tribunal award the Middle Rate of the Care Component because of Rachela's son's night-time needs.

Rachela and her Welfare Rights Officer agreed that her son also had daytime needs and an award of the Higher Rate of the Care Component should be pursued so a written submission was prepared and sent to the Tribunal requesting that.

Rachela's appeal was successful without her having to give evidence. As at the start of the hearing Social Security Scotland changed their position again, after reviewing the evidence and written submission they now accepted the Higher Rate of the Care Component should have been awarded and the Tribunal agreed.

Rachela was awarded £101.75 per week with arrears of £7224.25.

The award of the Higher Rate of the Care Component of Child Disability Payment also entitled Rachela to awards of the Higher Disabled Child Element and Carer Element on Universal Credit totalling £642.75 with a backdated payment of £10,531.21.

Rachela was also advised she could claim Carers Support Payment which would be deducted from Universal Credit pound for pound and if backdated would create a Universal Credit overpayment but going forward would mean she would be better off by the amount of the Carers Allowance Supplement.

Rachela was also advised of her son's entitlement to a companion bus pass and cinema card through his Child Disability Payment award.