Welfare rights news and case law

8 April, 2022

Benefit uprating and social security contribution rates for 2022/2023

New DWP guidance

8 April, 2022

Improving the quality of data gathered about supported housing and temporary accommodation caseloads for housing benefit purposes

DWP issues new guidance to local authorities having identified a 'significant undercount' of claims

7 April, 2022

DWP advises SSAC that a range of issues still need to be explored in ‘discovery phase’ of managed migration rollout of universal credit

Department says that the point of the new phase is to 'find gaps and learning by failing on occasion’ and that numbers will not be predetermined to allow volumes to be adjusted based on learning

7 April, 2022

Requirement for women whose husbands received a Category A retirement pension prior to April 2008 to make a claim for a Category B pension is not unlawful

GM v Secretary of State for Work and Pensions (RP)
[2022] UKUT 85 (AAC)
Reported as [2023] AACR 2
UA-2021-001262

7 April, 2022

Law Centre NI calls on DfC to change its policy in respect of recovering benefit overpayments caused by official error

Seeking greater scope for recovery to be waived, Law Centre NI highlights that recovering money received in good faith from someone on a tight budget can significantly impact on their mental and emotional health

6 April, 2022

DWP cancels project to develop a new measure of poverty based on work by the Social Metrics Commission

While government had said that the Commission had made a compelling case for change, Work and Pensions Secretary confirms that work on the development of the new measure will not proceed

5 April, 2022

Temporary modification of fuel deductions from benefits so that new payments for ongoing consumption or increase in existing payments may only be made if requested by claimant

New statutory instrument introduces changes in response to escalating fuel prices, which will remain in force until 6 April 2023

5 April, 2022

Extending use of flexibilities and discretion within universal credit would lead to a ‘more humane welfare system’ which better supports claimants with complex needs

While there is provision for flexibility in the system, IPPR says that in practice claimants are all too often not treated as individuals and the consequences can be dire or, in the most severe circumstances, lethal

5 April, 2022

Whether definition of ‘full-time course of education’ in universal credit refers to actual number of hours of study rather than classification by the particular educational institution

BK v Secretary of State for Work and Pensions
[2022] UKUT 73
UA-2020-000306-USTA

5 April, 2022

Allocation of additional funding to local authorities to support the costs of reviewing housing benefit cases following incapacity benefits reassessment LEAP exercise

New Housing Benefit Circular confirms details of almost £500,000 being provided to meet 'New Burdens' incurred by councils

5 April, 2022

Allocation of additional funding to local authorities to support the costs of implementing welfare reform changes in 2022/2023

New Housing Benefit Circular confirms details of more than £19 million being provided to meet 'New Burdens' incurred by councils

5 April, 2022

Housing benefit administration subsidy arrangements for local authorities in 2022/2023

New DWP guidance

5 April, 2022

Extension of ‘terminally ill’ life expectancy timeframe to 12 months in Northern Ireland to help people get earlier access to fast-tracked social security benefits

New statutory rule

4 April, 2022

DWP sets out details of new ‘Special Rules’ that focus on whether a claimant is likely to be in their final year of life

Department says that new 'Special Rules for End of Life' will mean that process better aligns with current NHS/GMC definition

4 April, 2022 Open access

Housing benefit for those affected by the war in Ukraine and for those providing support through the Homes for Ukraine scheme

New guidance issued to local authorities administering housing benefit

4 April, 2022

DWP to review PIP claims by deaf or hearing impaired people who may be affected by Upper Tribunal decision relating to washing or bathing safely

New guidance confirms that Department will be reviewing claims made on or after 21 August 2020 including ones where PIP was not awarded

4 April, 2022

Joint Committee of MPs and peers concludes that the DWP ‘failed to comply with proper legislative practice’ when it expedited regulations that reduced the job seeking permitted period to four weeks

Regulations drawn to the ‘special attention’ of both Houses for breaching the ’21-day rule’ and limiting the opportunity for people affected by the changes to understand their effects before they come into force

1 April, 2022

DWP introduces ‘temporary pause’ on energy suppliers being able to make requests for Fuel Direct deductions from benefits

Against backdrop of record energy prices and other cost of living pressures, Department says that new policy will help ensure that claimants are given greater control over how their benefit is allocated

1 April, 2022

Tribunal made error of law by failing to consider housing benefit provisions that enable a business partner’s company holding to be disregarded while they continued to undertake business activities

CA v Hastings Borough Council
[2022] UKUT 57 (AAC)
CH/441/2021