 |
|
about da 
benefits campaigning coalition on charging contact da
disability benefits consortium home links membership search shop site map support da tax credits what's new
If there is a question that you have been puzzling over why not suggest a faq. This page last updated 20 January 2008.
Q1. What are acts of parliament?
Q2. How are acts of parliament passed?
Q4. What are commissioners decisions and upper tribunal decisions?
Q5. Where can I get hold of commissioners decisions and upper tribunal decisions?
Q7. Where can I get hold of case law?
Q8. What is the human rights act (HRA)?
Q10. Where can I find out about tribunal reform?
Q11. What does the numbering of commissioners decisions and upper tribunal decisions mean?
Q12. What is the Disability Discrimination Act?
Acts of parliament contain the basic rules for benefit (and tax credits or community care) administration. They are made by Parliament and can usually be changed only by another Act of Parliament.
Acts of parliament are also known as statutes. Before an act is passed it is known as a bill.
For information about how acts of parliament are passed see our factsheet F16 - The Stages of a Parliamentary Bill.
Regulations give the fine detail that determines procedure for the rules as laid down in acts of parliament for benefits, tax credits or community care. They are also known as statutory instruments (SIs).
Generally, regulations are not scrutinised by parliament in depth. They can be amended at any time using other SIs. Usually, proposed changes to regulations are submitted to the Social Security Advisory Committee (SSAC) for consultation and comment before their introduction.
A regulation can only be made where an act of parliament gives the Secretary of State (in the case of benefit regulations) or the Board of HM Revenue and Customs (in the case of tax credits) the explicit power to do so.
Commissioner’s decisions were case law decisions made on a point of law by a single commissioner or a tribunal of three commissioners following an appeal against a decision of an appeal tribunal.
As from 3 November 2008 the appeal system was changed. Social security, tax credits and war pensions decisions are now appealed to judges of the Upper Tribunal (Administrative Appeals Chamber) rather than commissioners.
You can still quote from both types of decision in your appeals.
When a commissioner's/upper tribunal decision is first made it is called an unreported decision. The most important decisions are selected and published on the tribunals service website. Before the system of selecting decisions was introduced certain decisions were "starred". The system of starring has been discontinued
A certain number of decisions are selected to be reported because they contain an issue of particular importance. Many of these will be old starred or selected decisions.
Commissioners/upper tribunal decisions further clarify or interpret the meaning of the acts or regulations. A decision of a tribunal of three commissioners/three judge panel should be followed in preference to a single commissioner/judge. A reported decision may also be given more weight than an unreported one.
Decision makers must choose between conflicting decisions, by single commissioners/judges. There is no obligation on them to prefer the earlier to the later or vice versa. Starred and selected decisions have no special significance compared to other decisions (in fact you can request that a decision be selected).
Decisions made in Scotland have the same weight as those made in England and Wales.
Northern Ireland decisions do not set precedent in Great Britain but may be "persuasive case law".
Commissioners/upper tribunal judges are bound by the decisions of higher courts.
If you refer to an unreported decision in support of your appeal you should send the tribunal a copy at least 14 days in advance of the appeal. If a copy is not sent in advance, the tribunal may adjourn.
You can find out how to get hold of commissioners decisions from our fact sheet F19 - Finding the Law. You can also download summaries of decisions at www.disabilityalliance.org/digest.htm.
Case law is the term applied to the decisions of commissioners, upper tribunal (administrative appeals chamber) decisions and the various law courts, including those of the court of appeal, high court, court of session, law lords and the European court.
You can find out how to get hold of case law from our fact sheet F19 - Finding the Law.
Summaries of and links to key court cases are also available at www.disabilityalliance.org/caselaw.htm. You can also download summaries of decisions at www.disabilityalliance.org/digest.htm.
The Human Rights Act (HRA), is a means of making a complaint against a public authority where you feel they have offended your rights under the 1950 European Convention of Human Rights (ECHR). You can find out more about the Human Rights Act from our Factsheet F1 - human rights act .
The bench book is an A to Z Guide to procedure for (Appeals Service) tribunal chairmen and members, giving guidance on how to deal with the day-to-day issues and problems that may arise when hearing appeals. It is not legally binding but should be followed by tribunals.
Among the subjects covered are the procedures for adjournments and deciding whether a domiciliary hearing should take place.
For more information on this see our Factsheet F56 - appeal tribunal reform.
As from 3 November 2008 Social Security Commissioner's decisions are known as decisions of the Upper Tribunal (Administrative Appeals Chamber). There is also a new numbering system. All decisions will have a date, followed by UKUT, followed by the number of the decision, followed by (AAC) - for example CDLA/1525/2008 is also listed as [2008] UKUT 22 (AAC).
At present the old commissioner's numbering system is also used for new decisions as well as the new system.
When a commissioner's decision is first made it is called an unreported decision. Unreported decisions have a special numbering. For example CM/60/86 stands for the following:
From 1982, unreported decisions of more general significance were given a star * after the number. To confuse matters they were also given a separate "star number" for the year in which they were starred e.g. 157/01.
The system of starring has now been discontinued. Commissioners now select what they consider to be important decisions and publish them on the tribunals service website.
Scottish decisions are identified with an S, for example CSDLA/121/97.
Some unreported decisions are selected to be reported because they contain an issue of particular importance. Many of these will be old starred or selected decisions. Reported decisions also have their own numbering system. For example R(M)2/78 stands for:
Until recently decisions made by a Tribunal of Commissioners, rather than by a single Commissioner; would have the suffix (T) at the end e.g. R(M)3/86(T).
Until 1.2.50 reported decisions were referred to in the same way as unreported decisions e.g. CS/371/1949(KL) - the KL standing for "key law".
The main series initials for disability benefits are
The Disability Discrimination Act (DDA) 1995 makes it unlawful to discriminate against disabled people in connection with:
It also allows the Government to set standards and targets for accessible public transport. The DDA defines disability as 'a physical or mental impairment which has a substantial and long-term adverse effect on [your] ability to carry out normal day-to-day activities'. If you can show that you come within this definition, you will have the protection of the Act. If you are having health problems at work the DDA is intended to protect you against victimisation or discrimination because of your disability.
The DDA also requires employers to make 'reasonable adjustments' to the workplace and to employment arrangements, including recruitment, so that a disabled employee or job applicant is not at any substantial disadvantage. Reasonable adjustments include changes to the physical environment, eg widening a doorway to allow for wheelchair access or allocating a specific parking space for a disabled person. It can also include changes to arrangements in the workplace such as flexible working hours, purchasing specialised equipment, providing additional training or allowing time off for medical appointments or treatment. Reasonable adjustments also include providing an assistant or communications support - eg BSL interpreters.
Within the benefits and tax credits systems there are 6 main tests of disability:
In addition to the benefits system there are two further definitions in use:
Besides these main tests of disability, there may be other criteria you must satisfy to get a particular benefit or service. Details of these and all the tests above are provided in our disability rights handbook.
 |
