Social Security Legislation 2022/23 Volume I: Non Means Tested Benefits

Non Means Tested Benefits is Volume I of the 2022/23 edition of the series Social Security Legislation. 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 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

The editorial team has brought together its academic expertise and knowledge of the tribunal practice to produce a guide, which will be essential reading for tribunal judges, members and personnel, solicitors, welfare advisers and students.