Legal Provisions And Principles Of The Employees Essay

Legal Provisions And Principles Of The Employees Essay

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This case study will identify and apply legal provisions and principles to the benefit issues the clients present with, alongside setting out the steps both clients should take in order to challenge the Department of Work and Pensions (DWP) decisions on their benefits. Apace with this any further disability related benefits available will be considered, additionally the impact current welfare reforms may have on the clients’ situations will be commented on

Appraising the information provided by Grace in the case study, it is apparent she may be entitled to the lower rate of AA. To challenge the DWP decision, she must demonstrate her disabilities are severe enough throughout the day to satisfy the criteria set out in The Social Security Contributions and Benefits Act (SSCBA)1992 (s.64 (2)) (a, (b)). This criteria has particular interpretation when applying it to a person’s needs, clarified through precedents set by Case Law. (Appendix, 1.0).
Grace reports difficulty in moving around due to sciatica and breathlessness caused by asthma. Expanding on this, as much information as possible should be acquired such as; the severity of the asthma, where is the sciatica pain qand intensity of the pain intense, how it impairs daily tasks such as getting in and out of bed or chairs, dressing and bathing, have any accidents occurred due to the difficulty. These difficulties indicate she may need frequent attention to her bodily functions in relation to personal care, as defined in R v National Insurance Commissioner Ex P. Secretary of State for Social Services [1981]. This clarifies the difference between an action being too remote from a bodily function to qualify; such as cooking a meal, in comparison to cutting up food.
Grace is also pron...

... middle of paper ...

...A he currently receives.

Dalton is also entitled to, Disabled Facilities Grant, Direct Payments and Personal Budget. Grace would need to be in receipt of AA in order to qualify. As Grace is in receipt of a state pension she is not entitled to carers allowance for Dalton, but may have an underlying entitlement which could increase other benefits. The clients may be impacted by the under occupancy charge, locally determined council tax support and could also struggle with budgeting once Universal Credit is rolled.

This case study has set out how the clients meet the relevant legal provisions in order to successfully claim the benefits they present with. How to challenge the decisions in the first instance has been advised. Finally further disability related benefits have been suggested alongside the impact welfare reform may have on their current situation noted.

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