Non Means Tested Benefits and Employment and Support Allowance is Volume I of the 2020/21 edition of the series Social Security Legislation. The companion volumes are: Mesher, Poynter and Wikeley, Volume II: Income Support, Jobseeker’s Allowance, State Pension Credit and the Social Fund; Rowland and Ward, Volume III: Administration, Adjudication and the European Dimension; Wikeley, Mitchell and Hooker, Volume IV: Tax Credits and HMRC-administered Social Security Benefits; and Mesher, Poynter and Wikeley, Volume V: Universal Credit.
Non Means Tested Benefits and Employment and Support Allowance is both a scholarly and practical guide, focusing on non means tested benefit provisions — apart from those on Jobseeker’s Allowance, which are covered as a whole in Volume II — and on 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 ESA and personal independence payment (PIP). The commentary provides extensive and in-depth analysis of recent developments, especially in ESA and PIP, including the Supreme Court’s decision in Secretary of State for Work and Pensions v MM  UKSC 34. In addition, the statutory text takes account of recent amendments to social security provision made in the wake of 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 and graduated retirement benefit
- “Old Style” Employment and Support Allowance
- Industrial injuries and prescribed industrial diseases
- Vaccine damage payments
- Mesothelioma payments
- “New Style” Employment and Support Allowance
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.
Foreword Preface Using this Book: An Introduction to Legislation and Case Law Change of Name from Department of Social Security to Department for Work and Pensions Changes in Terminology Consequent upon the Entry into Force of the Treaty of Lisbon The Marriage (Same Sex Couples) Act 2013 Table of Cases Table of Commissioners’ Decisions 1948-2009 Table of Abbreviations used in this Series Part I: Statutes Part II: Contribution Credits and Home Responsibilities Protection Part III: Regulations Common to Several Benefits Part IV: Disability Benefits Part V: Maternity Benefits Part VI: Pensions, Survivors’ Benefits and Graduated Retirement Benefit Part VII: Unemployment, Sickness and Invalidity Benefit (omitted) Part VIII: Incapacity Benefit and Incapacity for Work (omitted) Part IX: “Old Style” Employment and Support Allowance Part X: Industrial Diseases and Prescribed Diseases Part XI: Vaccine Damage Payments Part XII: Mesothelioma Lump Sum Payments Part XIII: “New Style” Employment and Support Allowance Index