Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #1
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    Default Benefits and the Law

    Quite often, members ask on CAGicon what law is used in their claims to Benefit or Child Support. Quite often, people do not know how to find the legislation and a lot of people will pay out money to sites which charge for the information. All of this information is freely available on DWP website.

    To find a law in relation to benefits, go here and follow the relevant links for the law you are looking for. These are known as the "blue volumes"

    For Child Support law, go here. These are known as the "orangeicon volumes"

    If you are unsure how to navigate the law volumes, see navigation tips.

    Now you can find every law used in benefits/child support and can quote directly from them to support your case, if a decision is erronous on a point of law.


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    In regard to case law, you need to find decisions of the UtT (Upper Tier Tribunal, formerly known as the "Social Security Commisioners").

    To find decisions of the UtT you can search here or here.

    Further case law from the higher courts including the Court of Appeal (not the same as an appeal tribunal), and decisions of the Supreme Court (formerly known as the House of Lords) can be found by searching here


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    ALL of this information is freely available. Before you part with your cash I'd recommend having a look through the law volumes and DWP guides to see whether these will help you to address your issue; these are the exact laws and guides that Decision Makers use to make determinations on claims. Further information on internal procedural guidance can be requested via a Freedom of Informationicon request - also free. Afterall, if benefits are your only source of income, you can ill afford to part with your cash.

    For any other links on benefit, such as Decision Maker's Guides or useful and free organisations, please view the Benefits A-Z sticky or the useful links/information sticky.

    There is also a sticky on Appeals and Tribunals, mainly for Incapacity/ESA claims - credit to member honeybee13 who created the Appeals and tribunals sticky.

    My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

    Please do not seek, offer or produce advice on a consumer issue via private message; it is against forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.
    (exceptions for prior authorisation)


    If my advice has been helpful, please show your gratitude by taking a moment to click on the star icon on the bottom strip of my post






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  2. #2
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    Follow Real_CAG on Twitter
    Cagger since : May 2008
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    Default Re: Benefits and the Law

    Statutory Instruments relating to Welfare which have, or are due to come into force this year (2011) are below and their full content can be found on the websites noted above. Please be aware that thousands of new laws are introduced each year, therefore at the time you read this thread, there may be additional laws or amendments in place.

    2011 No.169, The Occupational Pension Schemes (Levy Ceiling – Earnings Percentage Increase) Order 2011 – came into force 9 March 2011

    2011 No.330 (C.14), The Welfare Reform Act 2007 (Commencement No.13) Order 2011 – coming into force from 11 February 2011

    2011 No.554, The Pension Protection Fund (Revaluation Amendments) Regulations 2011 – coming into force 31 March 2011

    2011 No.634, The Social Security (Deferral of Retirement Pensions) Regulations 2011 – coming into force 6 April 2011

    2011 No.664 (C.23), The Pensions Act 2008 (Commencement No.9) Order 2011 – coming into force from 16 March 2011

    2011 No.672, The Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations 2011 – coming into force from 31 March 2011

    2011 No.673, The Application of Pension Legislation to the National Employment Savings Trust Corporation Regulations 2011 – coming into force 6 April 2011

    2011 No.674, The Social Security (Miscellaneous Amendments) Regulations 2011 – coming into force from 4 April 2011

    2011 No.679, The Social Security (Claims and Payments) amendmenticon Regulations 2011 – coming into force from 1 April 2011

    2011 No.682 (C.24), The Welfare Reform Act 2009 (Commencement No.4) Order 2011 – coming into force from 9 March 2011

    2011 No.686, The Employers’ Liability (Compulsory Insurance) (Amendment) Regulations 2011 – coming into force 6 April 2011

    2011 No.688, The Jobseeker’s Allowance (Mandatory Work Activity Scheme) Regulations 2011 – coming into force 25 April 2011

    2011 No.709, The National Insurance Contributions Credits (Miscellaneous Amendments) Regulations 2011 – coming into force 5 April 2011

    2011 No.726, The Pension Protection Fund (Pensions on divorceicon etc: Charges) Regulations 2011 – coming into force 6 April 2011

    2011 No.725, The Statutory maternityicon Pay (Compensation of Employers) Amendment Regulations 2011 – coming into force 6 April 2011

    2011 No.731, The Pension Protection Fund (Pension Compensation Sharing and Attachment on Divorce etc) Regulations 2011 – coming into force 6 April 2011

    2011 No.786, The Social Security (Deferral of Retirement Pensions) (Amendment) Regulations 2011 – coming into force 5 April 2011

    2011 No.801, The Guaranteed Minimum Pensions Increase Order 2011 – coming into force 6 April 2011

    2011 No.830, The Social Security Benefits Up-rating Regulations 2011 – coming into force 11 April 2011

    2011 No.868, The Workmen’s Compensation (Supplementation) (Amendment) Scheme 2011 – coming into force 13 April 2011

    2011 No.869, The Social Security (Industrial Injuries) (Dependency) (Permitted Earnings Limits) Order 2011 – coming into force 13 April 2011

    2011 No.841, The Occupational Pension Schemes (Levy Ceiling) Order 2011 – coming into force from 31 March 2011

    My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

    Please do not seek, offer or produce advice on a consumer issue via private message; it is against forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.
    (exceptions for prior authorisation)


    If my advice has been helpful, please show your gratitude by taking a moment to click on the star icon on the bottom strip of my post






    download the CAG toolbar

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    Following
    0


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