Welfare rights news and case law

30 April, 2024

Scottish Government launches consultation on replacing Industrial Injuries Scheme with Employment Injury Assistance

Views sought on how best to deliver the new benefit while protecting the 24,000 existing recipients of support

30 April, 2024

President of Appeal Tribunal in Northern Ireland expresses ‘considerable concern’ at number of decisions overturned at tribunal following receipt of further medical evidence

Introducing his annual report for 2019/2020 and 2020/2021, John Duffy also suggests that a proper and thorough functional assessment of claimants can not be carried out over the phone

29 April, 2024

Government launches Green Paper setting out plans to overhaul ‘one size fits all’ approach of the current disability benefits system

Proposals include changing the eligibility criteria for PIP, removing the assessment process for specific health conditions or disabilities, and exploring alternative approaches to ongoing cash support such as one-off grants or vouchers

29 April, 2024

Select Committee Chair ‘disappointed’ at DWP’s failure to notify Committee of significant change to universal credit roll-out timetable

Letter to DWP Permanent Secretary raises concerns about the Department's sudden announcement of change to ESA managed migration dates without updating the Committee during its ongoing inquiry

29 April, 2024

Court of Appeal rules that universal credit child element is not a social security family benefit for the purposes of Regulation (EC) 883/2004

Michaela Simkova v Secretary of State for Work and Pensions [2024] EWCA Civ 419

29 April, 2024

Increased AET threshold should not apply to lead carers in Northern Ireland until the Assembly has developed and implemented a childcare strategy for the region

SSAC says exemption is needed in order to limit negative impacts of increased conditionality on claimants, particularly those in vulnerable situations

26 April, 2024

MPs warn that significant number of vulnerable claimants may lose benefits by failing to migrate to universal credit

Public Accounts Committee calls on the DWP to ensure that legacy benefit claimants are not 'cast into financial hardship due to a bureaucratic change'

26 April, 2024

Appointee’s failure to disclose duration of claimant’s hospital stay contributed to official error and made overpayment recoverable

DG v Bromley London Borough Council
[2024] UKUT 49 (AAC)
UA-2021-000447-HB

26 April, 2024

NI Executive agrees 2024/2025 Budget that includes £45m for welfare reform mitigations

However, Minister says that, with increased demands on services and rising costs, allocations won’t provide sufficient funding for departments to do everything they want

25 April, 2024

UK has made no significant progress in addressing its ‘grave and systematic violations’ of disabled people, UN Committee finds

Responding to publication of new report, coalition of Deaf and Disabled Peoples' Organisations says it is a 'much-needed counter to government rhetoric claiming they are protecting the most vulnerable'

25 April, 2024

DWP has issued almost 100,000 civil penalties in respect of overpaid carer’s allowance since 2020, amounting to almost £5 million

Work and Pensions Minister also confirms that, over the same period, 225 administrative penalties have been accepted with a total value of more than £410,000

25 April, 2024

Government commits to issuing a code of practice in relation to DWP’s new powers to access claimants’ bank account data

DWP Minister confirms that draft code will be available in summer 2024 before Department carries out a 'test and learn' exercise in early 2025

25 April, 2024

DWP issues updated guidance to local authorities in England on the Household Support Fund from April to September 2024

While update broadly follows previous guidance, Department provides a further explanation of its position on the impact of payments from the Fund on people with no recourse to public funds

24 April, 2024

DWP says that large overpayments of carer’s allowance have arisen where claims were made before HMRC income alerts were introduced

Department also tells Work and Pensions Committee that, while it will not comment on individual cases, 'what we see in the paper isn't always the whole picture'

24 April, 2024

Northern Ireland Department of Justice launches call for evidence on review of civil legal aid services in the region

Justice Minister says evidence and insight acquired will be used to identify and evaluate changes to 'better enable citizens' access to justice or to achieve value for money'

23 April, 2024

DWP has done nothing to stop carers building up huge overpayments of benefit despite knowing what people are earning

Highlighting the Department's access to real-time information from HMRC, Work and Pensions Committee Chair says that 'carrying on in that way is not right'

23 April, 2024

Work and Pensions Committee seeks views from DWP staff to inform its inquiry into Department’s approach to safeguarding vulnerable claimants

Survey of PCS Union members invites frontline staff to provide feedback on DWP’s safeguarding policies, practices and culture

23 April, 2024

First-tier Tribunal must explain how required period condition is met when considering entitlement to adult disability payment

Social Security Scotland v FK
[2024] UT 23
UTS-AS-23-1024

23 April, 2024

New AET regulations introduced despite SSAC warning against increasing thresholds while gaps remain in the evidence base for their effectiveness

Rejecting Committee's advice for a slower or phased implementation, DWP says it is 'committed to providing more intensive support to in-work customers'