Social Security Legislation 2021/22 Volume I: Non Means Tested Benefits

Non Means Tested Benefits is Volume I of the 2021/22 edition of the series Social Security Legislation. The companion volumes are: Mesher, Poynter and Wikeley, Volume II: Universal Credit, State Pension Credit and the Social Fund; Rowland and Ward, Volume III: Administration, Adjudication and the European Dimension; Wikeley, Mitchell, Hooker and Rowland, Volume IV: HMRC-administered Social Security Benefits and Scotland; and Mesher, Poynter and Wikeley, Volume V: Income Support and the Legacy Benefits.

It is both a scholarly and practical guide, focusing on the non means tested benefit provisions under social security legislation—including disability benefits such as Personal Independence Payment (PIP) and both ‘new-style’ Jobseeker’s Allowance (JSA) and ‘new-style’ Employment and Support Allowance (ESA)—that raise important issues before First-tier Tribunals, the Upper Tribunal and the courts. Issued to all judges and members of the Tribunals, it provides key source materials and authoritative commentary to the legislation in this complex area.

The text includes all relevant statutory material, including the date and effect of amendments, with commentary taking account of decisions of the courts, the Upper Tribunal (previously the Social Security Commissioners), and the definitions of key statutory terms. Tables of Upper Tribunal decisions and court cases, as well as of Commissioners’ decisions 1948–2009, are included for easy reference. So far as new case law is concerned, the developing jurisprudence of the Upper Tribunal continues to provide further clarification in respect of the meaning and application of the various descriptors for both PIP and ESA. In addition, the statutory text takes account of recent amendments to social security provision made in the wake of both Brexit and the Coronavirus crisis.

This volume covers:

• Contributions credits and home responsibilities protection
• Matters common to several non means tested benefits (e.g. persons abroad, computation of earnings and dependency)
• Disability benefits
• State maternity benefits
• Bereavement benefits, retirement pension, state pension and graduated retirement benefit
• “New Style” Jobseeker’s Allowance
• “New Style” Employment and Support Allowance
• Provisions on limited capability for work (LCW) and limited capability for work-related activity (LCWRA)
• Industrial injuries and prescribed industrial diseases
• Mesothelioma payments
• Vaccine damage payments