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Help with CB/UC/PIP appeals in London?!
I hope it is OK to post here; apologies if not appropriate!
I work with survivors of torture and trafficking, and in terms of mainstream benefits, that’s ofc after they have been granted leave to remain without NRPF. Most of our clients have quite severe mental and/or physical health issues, and so a lot of this work post-grant of status is making sure they receive the correct benefits according to their health issues.
I am really struggling to find reps / advisers to take on three appeals I have recently lodged (I go up to lodging appeals but can’t do the representation bit), and was wondering if anyone here might have any ideas / capacity to assist directly?!
1. Client who was awarded LCW but we are arguing for LCWRA. She lives in Ealing, West London. The appeal was lodged on 23/06/2022 so we don’t have the DWP bundle yet. She is heavily benefit capped as recently moved into PRS accommodation after being evicted by the Home Office. DWP are arguing there was no UC50 submitted (I have proof of emailing this to CHDA) and so any health issues that weren’t raised during the WCA can’t be considered, but I did send the UC50, they just didn’t add it to their file / read it! I have referred to Z2K and UCL legal advice clinic and neither can take it on.
2. Client who got 0 points in PIP assessment, but we are arguing for at least standard DL component (he is a survivor of torture from Afghanistan, with PTSD, dissociative episodes and seizures currently controlled by medication). He lives in Lewisham, South London. Appeal was lodged on 24/06/2022 so again no DWP bundle. I have referred to Z2K and East Greenwich Legal Advice Clinic and neither have responded so far.
3. Client who was awarded CB backdated only to the date her fresh claim for asylum was submitted, but we are arguing for her CB to be backdated to the date her first asylum claim was submitted, as per regulations for refugees. She lives in Enfield, North London. HMRC sent the bundle on 08/06 arguing only that they can only backdate (as they have done so far) to the date of her fresh claim for asylum. I’m waiting to hear back from CPAG if their UT Project can assist with this one.
Can’t help with the first two or on the general issue (although in the first case, the DWP can consider matters raised in the appeal regardless of whether they were raised earlier in the case - the idea that they don’t have to look at an issue because your client didn’t submit the UC50 or mention them in the WCA is not correct).
The third decision is simply incorrect as a result of FK v HMRC [2009] UKUT 134 (AAC) (& see also CBTM10140). If CPAG can’t help with that one, send me a message and I can see what I can do.
Have you tried the Free Representation Unit
I haven’t Paul, only because we’re not a subscribed referral agency to them, but I may need to look into this. It’s my impression that there is quite a lot of work that can be done (that can be v useful for the outcome of the appeal) long before the hearing date is set, but FRU seem to only take cases where there is a hearing date set?
I hope it is OK to post here; apologies if not appropriate!
I work with survivors of torture and trafficking, and in terms of mainstream benefits, that’s ofc after they have been granted leave to remain without NRPF. Most of our clients have quite severe mental and/or physical health issues, and so a lot of this work post-grant of status is making sure they receive the correct benefits according to their health issues.
I am really struggling to find reps / advisers to take on three appeals I have recently lodged (I go up to lodging appeals but can’t do the representation bit), and was wondering if anyone here might have any ideas / capacity to assist directly?!
For the future, we - Southwark Law Centre - may well be able to take cases for any Southwark residents you have. There may be some scope for Lambeth and Lewisham cases if there is a housing element (i.e. risk of homelessness or client already homeless). Feel free to get in touch to discuss….