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Social Security Legislation 2020/21 Volume III

Social Security Legislation 2020/21 Volume III
Administration, Adjudication and the European Dimension
13th Edition
ISBN:  9780414081154
Published by:  Sweet & Maxwell
Publication Date:  29 Oct 2020
Format:  eBook - ProView
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Administration, Adjudication and the European Dimension is Volume III of the 2020/21 edition of the series: Social Security Legislation. The companion volumes are Hooker, Mesher, Mitchell, Poynter, Ward and Wikeley, Volume I: Non Means Tested Benefits and Employment and Support Allowance; Mesher, Poynter and Wikeley, Volume II: Income Support, Jobseeker’s Allowance, State Pension Credit and the Social Fund; Wikeley, Mitchell and Hooker, Volume IV: Tax Credits and HMRC-administered Social Security Benefits; and Mesher, Poynter and Wikeley, Volume V: Universal Credit.

The text includes all relevant United Kingdom statutory material as in force on April 25, 2020, indicating clearly the date and effect of amendments. This volume also includes relevant European Union Treaty material and secondary legislation on social security, as well as material on the human rights dimension. The commentary to this material takes account of decisions of the courts, of the former Social Security Commissioners and of the Upper Tribunal. For the European and human rights material, account is also taken of relevant authorities of the Court of Justice of the European Union and of the European Court of Human Rights. Tables of cases and a comprehensive index are included to assist the reader.

This volume covers:
  • Claims
  • Decision-making
  • Payments and the recovery of overpayments
  • Compensation Recovery Unit powers and procedures
  • Rights of appeal
  • European Union law affecting social security entitlement
  • Human rights law relevant to social security entitlement
  • Tribunal practice and procedure
This edition brings the legislation and commentary fully up to date. It includes amendments made to legislation and new practice directions for tribunals issued in response to the Covid-19 pandemic and also gives increased prominence to material relating to online claims, including incorporating the text of the Social Security (Electronic Communications) Consolidation and Amendment Directions 2011 (as amended) and noting the important decision in GDC v Secretary of State for Work and Pensions (UC) [2020] UKUT 180 (AAC). As regards Brexit, it addresses the position during the so-called implementation period following the amendments made to the European Union (Withdrawal) Act 2018 by the European Union (Withdrawal Agreement) Act 2020 and it contains relevant extracts from the Withdrawal Agreement. In addition, the human rights section considers the important decision of the Supreme Court on remedy in RR v Secretary of State for Work and Pensions [2019] UKSC 52 and the commentary on art.14 has been re-ordered, reflecting the ever-increasing volume of challenges to particular features of social security benefits on human rights grounds, recently including aspects of universal credit and bereavement benefits.

The editorial team has brought together its academic expertise and knowledge of tribunal practice and procedure, and of the substantive law, to produce a well-established and authoritative guide to social security legislation which will be an essential reference point for the judiciary, legal practitioners, welfare rights advisers, DWP and HMRC decision-makers, and students of the United Kingdom social security system.

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