3 July 2009: For Immediate Release

 ****CORRECTION****

Select Committee to inquire into “Decision making and appeals in the benefits system”

The Work and Pensions Committee today announced an inquiry “Decision making and appeals in the benefits system”  The Committee welcomes submissions, in accordance with the guidelines set out below, with reference to areas such as:

Decision making

·         How effective is the decision making process?  Could it be improved, if so how?

·         Are there sufficient numbers of decision makers and is the training they receive adequate?

·         Is the decision making process clear to claimants?

·         How effective is the review stage of the decision making process?

·         Is DWP effectively addressing official error?

·         How well does the decision making process operate for different benefits (e.g. ESA, DLA and Housing Benefit)?

·         How effective has DWP’s Decision Making Standards Committee been in monitoring front-line decision making?

·         Is decision making taking account of the October 2007 European Court of Justice ruling on exporting DLA, AA and carer’s allowance?

Appeals

·         How does the appeals system work from the claimant’s perspective?

·         How has the introduction of the Administrative Justice and Tribunals Council (AJTC) impacted upon claimants’ experience of the appeals process?

·         Is the timeframe of appeals reasonable?

·         Is sufficient support available to appellants during the appeals process?

The Committee seeks written contributions on this issue from interested organisations and individuals. The deadline for written evidence is Thursday 10^th September 2009. Oral evidence sessions will take in the autumn.

Please note

Each submission should:

•           begin with a short summary in bullet point form;

•           have numbered paragraphs; and

•           be in Word format with no use of colour/logos.

A copy of the submission should be sent by e-mail to workpencom@parliament.uk and marked ‘Decision making and appeals’.  If you do not have access to email, a paper copy should be sent to:

Hannah van Schijndel, Work and Pensions Select Committee, House of Commons, 7 Millbank, London, SW1P 3JA.

It would be helpful, for Data Protection purposes, if individuals wishing to submit written evidence send their contact details separately in a covering letter. You should be aware that there may be circumstances in which the House of Commons will be required to communicate information to third parties on request, in order to comply with its obligations under the Freedom of Information Act 2000.

A guide for written submissions to Select Committees may be found on the parliamentary website at: http://www.parliament.uk/commons/selcom/witguide.htm

Please also note that:

•           Material already published elsewhere should not form the basis of a submission, but may be referred to within a proposed memorandum, in which case a hard copy of the published work should be included.

•           Memoranda submitted must be kept confidential until published by the Committee, unless specifically authorised.

•           Once submitted, evidence is the property of the Committee. The Committee normally, though not always, chooses to make public the written evidence it receives, by publishing it on the internet (where it will be searchable), by printing it or by making it available through the Parliamentary Record Office.  If there is any information you believe to be sensitive you should highlight it and explain what harm you believe would result from its disclosure. The Committee will take this into account in deciding whether to publish or further disclose the evidence. 

FURTHER INFORMATION:

1.     Committee Membership is as follows:

Mr Terry Rooney (Lab), Bradford North, Anne Begg (Lab), Aberdeen South, Harry Cohen (Lab), Leyton and Wanstead, Michael Jabez Foster (Lab), Hastings and Rye, Mark Harper (Con), Forest of Dean, Oliver Heald (Con), Hertfordshire North East, John Howell, (Con), Henley, Joan Humble (Lab), Blackpool North and Fleetwood, Tom Levitt (Lab), High Peak, Greg Mulholland (Lib Dem), Leeds North West, Jenny Willott (Lib Dem), Cardiff Central

Media Enquiries: Laura Humble 020 7219 2003, humblel@parliament.uk

Specific Committee Information:  Email: workpencom@parliament.uk, Tel: 020 7219 5833, Fax: 020 7219 0580

Committee Website:

 http://www.parliament.uk/parliamentary_committees/work_and_pensions_committee.cfm

Watch committees and parliamentary debates online:  www.parliamentlive.tv  

Publications / Reports / Reference Material: Copies of all select committee reports are available from the Parliamentary Bookshop (12 Bridge St, Westminster, 020 7219 3890) or the Stationery Office (0845 7023474).  Committee reports, press releases, evidence transcripts, Bills; research papers, a directory of MPs, plus Hansard (from 8am daily) and much more, can be found on www.parliament.uk 

The current amendment package is February 2011 which affected Volumes 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 & 14.
The DMG will next be amended in June 2011 and thereafter every four months.

The actual amendment packages are also available electronically. These consist of a covering sheet giving details of the changes and the Chapters affected, plus the amended pages. These packages, which are in Adobe Acrobat format, are designed for printing and incorporation into your hard copy. Blank pages have been inserted into the packages to assist with double-sided printing.

Contents

• What's new
• Letters and Memos
• Abbreviations
• Statutes
• Statutory Instruments

• Volume 1 – Decision Making and Appeals
• Volume 2 – International Subjects
• Volume 3 – Subjects Common to all Benefits
• Volume 4 – Jobseeker's Allowance and Income Support
• Volume 5 – Jobseeker's Allowance and Income Support
• Volume 6 – Jobseeker's Allowance and Income Support
• Volume 7 – Jobseeker's Allowance and Income Support
• Volume 8 – Employment and Support Allowance
• Volume 9 – Employment and Support Allowance
• Volume 10 – Benefits for Incapacity, Disability, Maternity and Bereavement
• Volume 11 – Industrial Injuries Benefits
• Volume 12 – Widow's Benefit and Retirement Pension
• Volume 13 – State Pension Credit
• Volume 14 – State Pension Credit

What's new

Do you need to know quickly when we have updated our publications? We have a mailing list which we use to inform interested parties when any of our publications (Decisions of the Commissioner, Decision Makers Guide, The Law Volumes and Neligan's Digest) have been updated. If you are interested in joining this mailing list, please send us details of your e-mail address.

15/03/11 - Memo DMG 05/11; the General Memo (29KB)

15/03/11 - Memo DMG 04-11; Carer's Allowance: Full-Time Education (33KB)

08/03/11 - Memo DMG 03-11; IS, ESA(IR), JSA(IB) and SPC - Permanent Right to Reside (40KB)

27/01/11 - Memo DMG 02/11: Changes to Social Fund Maternity Grant Payments from 24.1.11 (27KB)

27/01/11 - Memo DMG 01-11: Entitlement to Retirement Pension - Male to Female Transsexuals (54KB)

23/12/10 - Memo DMG 30-10 revised; Right To Reside - Parent and Primary Carer Of a Child In Education (79KB)

20/12/10 - Memo DMG 57/10: Weekly Rate of WMA, WP, WPA and BA (25KB)

15/12/10 - Memo DMG 56/10: Social Fund Maternity Grant Payments - Changes from 13.12.10 (65KB)

Letters and Memos

DMA General Bulletins

There are currently no live DMA Bulletins

DMG Memos 2007 onwards

• 01/07: Jobseeker's Allowance and Income Support - Tax Credits, Changes From December 2006 (10KB)
• 14/08: Export of AA, DLA (Care Component), and CA - Claimants moving to other EEA Member States or Switzerland (48KB)
• 18/08: JSA and IS - In Work Credit Pilots (16KB)
• 26/08: Obtaining Legal Advice and Guidance from DMA Leeds (15KB)
• 47/08: Jobseeker's Allowance and Income Support - Tax Credits, Changes (KB)
• 15/09: Changes in Manner of Payment - Transitional and Adjusting
  Payments (20KB)
• 17/09: Export of AA , DLA (Care Component) and CA - Claims from other European Economic Area Member States or Switzerland (62KB)
• 21/09: Housing Costs - Leasehold Major Works (45KB)
• 37/09 Miscellaneous Changes to the Income Related Benefits - October 2009 - Deemed Income from Capital -
  SPC (65KB)
• 43/09: JSA, ESA and SPC - Housing Costs Special Arrangements (67 KB)
• 1/10: IS/JSA/ESA - Abolition of Urgent Case and Disabled Worker Payments (20KB)
• 24/10: Changes to the Social Security Benefit (Persons Abroad) Regulations from 6.4.10 (15KB)
• 25/10: Alternative Means of Notifying Changes of Circumstances and the Effect on Overpayment Decision Making (20KB)
• 28/10: Revised Advice - Export of AA, DLA (Care Component), and CA - Re-Instatement Cases (40KB)
• 29/10: JSA and Skills Training Conditionality Pilot (30KB)
• 30/10: Right to Reside - Parent and Primary Carer of a Child in Education (25KB) (Revised)
• 32/10: New EU Legislation - Regulation (EC) 883/04 (30KB)
• 33/10: IFW, IB, SDA And ESA: SS (Miscellaneous Amendments) (No3) Regulations 2010 (87KB)
• 37/10: Secretary of State Appeal to the Supreme Court (16KB)
• 40/10: IS, JSA, ESA - Self Employed Earners - Periods without Work (63KB)
• 41/10: Housing Costs SIR Amendments IS/JSA/ESA/SPC (66KB)
• 42/10: Changes to the Learning and Skills Council For England (IS/JSA/ESA and Overlapping Benefits) and to the Connexions Service (JSA) (13KB)
• 43/10: Earnings Limits and Earnings Disregards (12KB)
• 44/10: Changes to definition of "Independent Hospital" in England - IS, JSA, ESA, SPC, SFWFP and SFCWP (12KB)
• 46/10: Higher Rate of DLA Mobility Component for Severely Visually Impaired People (20KB)
• 48/10: November 2010 Miscellaneous Amendments to The Income Related Benefits (12KB)
• 49/10: Contribution Conditions for JSA(Cont) and ESA (Cont) (12KB)
• 51/10: ESA, IB, IS, JSA and SDA: Changes from 1/11/10 (32KB)
• 52/10: The DMG General Memo (19KB)
• 53/10: Earnings Limits and Earnings Disregards (154KB)
• 56/10: Social Fund Maternity Grant Payments - Changes from 13.12.10 (65KB)
• 57/10: Weekly Rate of WMA, WP, WPA and BA (25KB)
• 01/11: Entitlement to Retirement Pension - Male to Female Transsexuals (54KB)
• 02/11: Changes to Social Fund Maternity Grant Payments from 24.1.11 (27KB)
• 03/11: IS, ESA(IR), JSA(IB) and SPC - Permanent Right to Reside (40KB)
• 04/11: Carer's Allowance: Full-Time Education (33KB)
• 05/11: the General Memo (29KB)

Pre-2007 DMG memos - JSA/IS

• 06 Payment restrictions - due to a breach of a Community Sentence (28KB)
• 44 Jobseekers Allowance and Income Support - New Tax Credits - Miscellaneous Amendments (25KB)
• 64 Jobseeker's Allowance and Income Support - Tax Credit - Change From April 2004 (78KB)
• 106 Jobseekers Allowance and Income Support - Tax Credits, Changes from September 2005 (14KB)

Pre-2007 DMG memos - SPC

• 53 SPC - Housing Costs - Service Charges (42KB)

Abbreviations

• Abbreviations (28KB)

Statutes

• Statutes (15KB)

Statutory Instruments

• Statutory Instruments (32KB)

Volume 1 – Decision Making and Appeals

• Volume 1 – Consolidated version (contains all amendments up to and including June 2009) (1.8MB)

• Chapter 01 – Principles of decision making and evidence (214KB)
• Chapter 02 – Claims and applications (387KB)
• Chapter 03 – Revision (167KB)
• Chapter 04 – Supersession, suspension and termination (349KB)
• Chapter 05 – Work-focused interviews (505KB)
• Chapter 06 – Making appeals and staying (282KB)
• Volume 1 – Annexes A–M (105KB)

Amendments

• Amendment 30 – February 2009 (850KB)
• Amendment 31 – June 2009 (840KB)
• Amendment 32 – October 2009 (270KB)
• Amendment 33 – February 2010 (300KB)
• Amendment 34 – June 2010 (813KB)
• Amendment 35 – October 2010 (1.2MB)
• Amendment 36 – February 2011 (513KB)

Volume 2 – International Subjects

• Volume 2 – Consolidated version (contains all amendments up to and including June 2009) (2.1MB)

Chapter 7

• Part 1 Common Subjects [070000 - 070899] (321KB)
• Part 2 AA/DLA/CA to Dependency Increases [070900 - 071179] (81KB)
• Part 3 Habitual Residence & Right to Reside IS/JSA/SPC[071180 - 071379] (107KB)
• Part 4 Incapacity Benefit to Industrial Injuries Benefit[071380 - 072129] (256KB)
• Part 5 JSA to Retirement Pension[072130 - 072959] (328KB)
• Part 6 SDA, SPC, WB/Bereavement Benefit and Winter Fuel Payments [072960 - 073259] (123KB)
• Part 7 Offshore Workers & Her Majesty's Forces[073260 - 079999] (52KB)
• Annex 1 (392KB)
• Annex 2 (130KB)
• Annex 3 (158KB)

Amendments

• Amendment 17 – February 2009 (140KB)
• Amendment 18 – June 2009 (390KB)
• Amendment 19 – October 2009 (390KB)
• Amendment 20 – February 2010 (90KB)

Volume 3 – Subjects Common to all Benefits

• Volume 3 – Consolidated version (contains all amendments up to and including June 2009) (2.2MB)

• Chapter 08 – Payment of benefit/Deductions from benefit (142KB)
• Chapter 09 – Overpayments, offsets and recoverability (389KB)
• Chapter 10 – Evidence of age, marriage and death (371KB)
• Chapter 11 – Living together as husband and wife or as civil partners (88KB)
• Chapter 12 – Imprisonment (57KB)
• Chapter 13 – Incapacity for work (258KB)
• Chapter 14 – Welfare to Work (221KB)
• Chapter 15 – Earnings (540KB)
• Chapter 16 – Dependency increases (333KB)
• Chapter 17 – Overlapping benefits (133KB)
• Chapter 18 – Hospital In-Patients (100KB)
• Chapter 19 – This chapter is spare

Amendments

• Amendment 29 – February 2009 (400KB)
• Amendment 30 – June 2009 (550KB)
• Amendment 31 – October 2009 (600KB)
• Amendment 32 v February 2010 (600KB)
• Amendment 33 – June 2010 (472KB)
• Amendment 34 – October 2010 (898KB)
• Amendment 35 – February 2011 (423KB)

Volume 4 – Jobseeker's Allowance and Income Support

• Volume 4 – Consolidated version (contains all amendments up to and including June 2009) (2.1MB)

• Chapter 20 – JSA and IS - conditions of entitlement (528KB)
• Chapter 21 – JSA - Labour market questions (647KB)
• Chapter 22 – Membership of the family (80KB)
• Chapter 23 – Normal amount payable (595KB)
• Chapter 24 – Special cases (734KB)

Amendments

• Amendment 27 – February 2009 (600KB)
• Amendment 28 – June 2009 (720KB)
• Amendment 29 – October 2009 (330KB)
• Amendment 30 v February 2010 (520KB)
• Amendment 31 – June 2010 (330KB)
• Amendment 32 – October 2010 (413KB)
• Amendment 33 – February 2011 (756KB)

Volume 5 – Jobseeker's Allowance and Income Support

• Volume 5 – Consolidated version (contains all amendments up to and including June 2009) (2MB)

• Chapter 25 – General rules on income (89KB)
• Chapter 26 – Employed earners (449KB)
• Chapter 27 – Self-employed earners and share fishermen (404KB)
• Chapter 28 – Income other than earnings (606KB)
• Chapter 29 – Capital (568KB)

Amendments

• Amendment 27 – February 2009 (780KB)
• Amendment 28 – June 2009 (450KB)
• Amendment 29 – October 2009 (330KB)
• Amendment 30 – February 2010 (270KB)
• Amendment 31 – June 2010 (664KB)
• Amendment 32 – October 2010 (550KB)
• Amendment 33 – February 2011 (671KB)

Volume 6 – Jobseeker's Allowance and Income Support

• Volume 6 – Consolidated version (contains all amendments up to and including June 2009) (2.1MB)

• Chapter 30 – Students, young claimants and their partners (458KB)
• Chapter 31 – Urgent case payments (214KB)
• Chapter 32 – Trade disputes (238KB)
• Chapter 33 – Payment questions (367KB)
• Chapter 34 – Sanctions (606KB)
• Chapter 35 – Hardship (390KB)

Amendments

• Amendment 27 – February 2009 (600KB)
• Amendment 28 – June 2009 (460KB)
• Amendment 29 – October 2009 (506KB)
• Amendment 30 – February 2010 (506KB)
• Amendment 31 – June 2010 (314KB)
• Amendment 32 – October 2010 (314KB)
• Amendment 33 – February 2011 (816KB)

Volume 7 – Jobseeker's Allowance and Income Support

• Volume 7 – Consolidated version (contains all amendments up to and including June 2009) (897KB)

• Chapter 36 – Transitional protection from Supp B to IS and Supp B to IS to JSA(IB) (116KB)
• Chapter 37 – Transitional protection from UB and IS to JSA (368KB)
• Chapter 38 – This chapter is spare
• Chapter 39 – Social Fund payments (273KB)
• Chapter 40 – This chapter is spare

Amendments

• Amendment 25 – February 2009 (160KB)
• Amendment 26 – June 2009 (160KB)
• Amendment 27 – October 2009 (275KB)
• Amendment 27a – February 2010 (60KB)
• Amendment 28 – June 2010 (122KB)
• Amendment 29 – October 2010 (63KB)
• Amendment 30 – February 2011 (468KB)

Volume 8 – Employment and Support Allowance

• Chapter 41 – ESA conditions of entitlement (316KB)
• Chapter 42 – Limited Capability for Work and Limited Capability for Work-Related Activity (201KB)
• Chapter 43 – Membership of the household (84KB)
• Chapter 44 – Normal amount payable & Components (611KB)
• Chapter 45 – Advance awards of ESA(IR), transitional issues and migration (41KB)
• Chapter 46 – ESA - Payment questions (305KB)
• Chapter 47 – This Chapter is spare

Amendments

• Volume 8 – Consolidated version (contains all amendments up to and including June 2009) (1.5MB)
• Amendment 1 – February 2009 (240KB)
• Amendment 2 – June 2009 (170KB)
• Amendment 3 – October 2009 (100KB)
• Amendment 4 – February 2010 (410KB)
• Amendment 5 – June 2010 (310KB)
• Amendment 6 – October 2010 (1.6MB)
• Amendment 7 – February 2011 (700KB)

Volume 9 – Employment and Support Allowance

• Chapter 48 – General rules on income (80KB)
• Chapter 49 – Earnings of employed earners (644KB)
• Chapter 50 – Self-employed earners (180KB)
• Chapter 51 – Income other than earnings (604KB)
• Chapter 52 – Capital (413KB)
• Chapter 53 – WFHRA, WfI and Disqualification (82KB)
• Chapter 54 – Special cases & Urgent Case Payments (130KB)

Amendments

• Volume 9 – Consolidated version (contains all amendments up to and including June 2009) (1.8MB)
• Amendment 1 - February 2009 (350KB)
• Amendment 2 - June 2009 (400KB)
• Amendment 3 - October 2009 (320KB)
• Amendment 4 - February 2010 (240KB)
• Amendment 5 - June 2010 (823KB)
• Amendment 6 - October 2010 (679KB)
• Amendment 7 - February 2011 (585KB)

Volume 10 – Benefits for Incapacity, Disability, Maternity and Bereavement

• Volume 10 – Consolidated version (contains all amendments up to and including June 2009) (1MB)

• Chapter 55 – Transitional provisions or the introduction of Incapacity Benefit (81KB)
• Chapter 56 – Incapacity benefit (168KB)
• Chapter 57 – Severe Disablement Allowance (103KB)
• Chapter 58 – Widows Benefits (68KB)
• Chapter 59 – This chapter is spare
• Chapter 60 – Carer’s Allowance (74KB)
• Chapter 61 – Attendance Allowance and Disability Living Allowance (398KB)
• Chapter 62 – Maternity benefits (79KB)
• Chapter 63 – Bereavement Benefit (48KB)

Amendments

• Amendment 24 - February 2009 (230KB)
• Amendment 25 - June 2009 (210KB)
• Amendment 26 - October 2009 (140KB)
• Amendment 27 - February 2010 (300KB)
• Amendment 28 - June 2010 (300KB)
• Amendment 29 - October 2010 (1.1MB)
• Amendment 30 - February 2010 (356KB)

Volume 11 – Industrial Injuries Benefits

• Volume 11 – Consolidated version (contains all amendments up to and including June 2009) (1.8MB)

• Chapter 64 – Background to the Industrial Injuries Scheme (24KB)
• Chapter 65 – This chapter is spare
• Chapter 66 – Industrial accidents (340KB)
• Chapter 67 – Prescribed diseases (591KB)
• Chapter 68 – This chapter is spare
• Chapter 69 – Disablement Benefits (189KB)
• Chapter 70 – This chapter is spare
• Chapter 71 – Reduced earnings allowance (450KB)
• Chapter 72 – Unemployability Supplement (49KB)
• Chapter 73 – Old cases (188KB)

Amendments

• Amendment 20 – February 2009 (280KB)
• Amendment 21 – June 2009 (370KB)
• Amendment 22 – October 2009 (220KB)
• Amendment 23 – February 2010 (420KB)
• Amendment 24 – June 2010 (420KB)
• Amendment 25 – October 2010 (770KB)
• Amendment 26 – February 2011 (339KB)

Volume 12 – Widow's Benefit and Retirement Pension

• Volume 12 – Consolidated version (contains all amendments up to and including June 2009) (450KB)

• Chapter 74 – This chapter is spare
• Chapter 75 – Retirement Pension (368KB)
• Chapter 76 – Forfeiture Act 1982 (29KB)

Amendments

• Amendment 16 – February 2009 (110KB)
• Amendment 17 – June 2009 (150KB)
• Amendment 18 – October 2009 (210KB)
• Amendment 19 – February 2010 (190KB)
• Amendment 20 – June 2010 (462KB)
• Amendment 21 – October 2010 (261KB)
• Amendment 22 – February 2011 (341KB)

Volume 13 – State Pension Credit

• Volume 13 – Consolidated version (contains all amendments up to and including June 2009) (1MB)

• Chapter 77 – Conditions of entitlement, membership of the household and normal amount payable (155KB)
• Chapter 78 – State pension credit: additional amounts and special groups (643KB)
• Chapter 79 – Payment questions (206KB)
• Chapter 80 – Transitional provisions (38KB)
• Chapter 81 – This chapter is spare
• Chapter 82 – This chapter is spare

Amendments

• Amendment 18 – February 2009 (160KB)
• Amendment 19 – June 2009 (160KB)
• Amendment 20 – October 2009 (70KB)
• Amendment 21 – February 2010 (140KB)
• Amendment 22 – June 2010 (133KB)
• Amendment 23 – October 2010 (644KB)
• Amendment 24 – February 2011 (160KB)

Volume 14 – State Pension Credit

• Volume 14 – Consolidated version (contains all amendments up to and including June 2009) (910KB)

• Chapter 83 – Assessed income periods (78KB)
• Chapter 84 – Deemed weekly income from capital (275KB)
• Chapter 85 – Income other than earnings (206KB)
• Chapter 86 – Earnings (311KB)

Amendments

• Amendment 18 – February 2009 (140KB)
• Amendment 19 – June 2009 (410KB)
• Amendment 20 – October 2009 (150KB)
• Amendment 21 – February 2010 (210KB)
• Amendment 22 – June 2010 (229KB)
• Amendment 23 – October 2010 (486KB)
• Amendment 24 – February 2011 (298KB)

http://www.dwp.gov.uk/publications/specialist-guides/decision-makers-guide/