Welfare rights news and case law

1 July, 2021

In-work Progression Commission publishes ‘call to action’ urging government and employers to ‘act now’ to support people out of low pay

Welcoming DWP-commissioned report, Work and Pensions Secretary says that government will consider its recommendations and respond 'in due course'

1 July, 2021

Office for Statistics Regulation questions Prime Minister’s statement that there are fewer households with children in poverty than 10 years ago

Letter to No 10 Downing Street urges clarity in statements about child poverty about what measure is being referred to, 'particularly where other measures present a different trend'

30 June, 2021

Northern Ireland Communities Minister announces plan to extend terminal illness provision in social security benefits

Minister tells Assembly that she will introduce legislation to extend six months within current definition of terminal illness to twelve months

29 June, 2021

Court of Appeal refuses permission to appeal against High Court decision that treatment of maternity allowance as unearned income for the purposes of universal credit is not unlawful

Moore & Anor v Secretary of State for Work and Pensions [2021] EWCA Civ 970

29 June, 2021

Government confirms that more than 300,000 universal credit claims where the LHA does not cover the rent are subject to a deduction for a payment advance

With affected claims accounting for 6 per cent of households on universal credit in February 2021, Work and Pensions Minister says that claimants can apply for a DHP if they need additional support to meet housing costs

28 June, 2021

‘Past presence test’ for Scottish Adult Disability Payment to be reduced to 26 out of 52 weeks

Responding to recent consultation on its new Disability Assistance, Scottish Government adds that decision-making will be improved due to changes being made to the assessment process

25 June, 2021

DWP Minister confirms that EU citizens who miss deadline for applications to EU Settlement Scheme ‘will not see their payments stop automatically’ from 1 July 2021

However, Minister also cautions that anyone who hasn't applied to the scheme by 30 June 2021 needs to do so quickly 'to ensure that benefit payments don't stop'

25 June, 2021

Social Fund annual report for 2019/2020 shows that recoveries of discretionary social fund payments continued to exceed loan payments by more than £80 million

DWP also confirms that expenditure on budgeting loans fell by £66 million compared to the previous year

25 June, 2021

Revision of ‘working age’ Council Tax Reduction Scheme in Scotland from April 2022

New statutory instrument

24 June, 2021

CJEU Advocate General says that systematic refusal of social assistance to EU nationals granted right of residence without resource conditions constitutes indirect discrimination

Opinion on case referred by Northern Ireland Appeal Tribunal follows December 2020 Court of Appeal ruling that government acted unlawfully in barring EU citizens from relying on ‘pre-settled status’ to access universal credit

24 June, 2021

Latest child poverty progress report is a ‘stark and urgent reminder’ that far more investment is needed if Scotland is to meet its targets, warns CPAG

Charity says immediate priority is for Scottish child payment to be doubled to £20 per week in first year of current Parliament

24 June, 2021

Investigation into role of evidence in the PIP assessment system in Northern Ireland finds ‘systemic maladministration’

Public Services Ombudsman says issues found do not point to ‘one off’ mistakes but show need for 'fundamental review of how further evidence is obtained, applied, and communicated'

23 June, 2021

Treasury Minister confirms that government is committed to including universal credit advances within Breathing Space scheme ‘as soon as possible’

However, Minister adds that this will need to happen at 'a later date' to ensure that necessary IT changes do not compromise the safe delivery of universal credit

23 June, 2021

Delay to rollout of devolved benefits in Scotland until 2025 is ‘highly regrettable’, say MPs

In addition, Scottish Affairs Committee finds that it is 'incredibly complex' to unpick what claimants can access under each of the Scottish and UK social security systems and says communications and take-up must be improved

23 June, 2021

Tribunal failed to consider safeguards against retrospective supersession decision when deciding DLA overpayment recovery appeal

SM v Secretary of State for Work and Pensions (DLA)
[2021] UKUT 119 (AAC)
CDLA/812/2020

23 June, 2021

DWP is working with PIP assessment providers to deliver audio recording service for face-to-face assessments ‘as soon as practically possible’

Minister for Disabled People adds that, until then, claimants may record the assessment using their own equipment but are limited to using CD or audio cassette only

Welfare rights

In-work Progression Commission publishes ‘call to action’ urging government and employers to ‘act now’ to support people out of low pay

Welcoming DWP-commissioned report, Work and Pensions Secretary says that government will consider its recommendations and respond 'in due course'

Office for Statistics Regulation questions Prime Minister’s statement that there are fewer households with children in poverty than 10 years ago

Northern Ireland Communities Minister announces plan to extend terminal illness provision in social security benefits

Court of Appeal refuses permission to appeal against High Court decision that treatment of maternity allowance as unearned income for the purposes of universal credit is not unlawful

Government confirms that more than 300,000 universal credit claims where the LHA does not cover the rent are subject to a deduction for a payment advance

‘Past presence test’ for Scottish Adult Disability Payment to be reduced to 26 out of 52 weeks

DWP Minister confirms that EU citizens who miss deadline for applications to EU Settlement Scheme ‘will not see their payments stop automatically’ from 1 July 2021

However, Minister also cautions that anyone who hasn't applied to the scheme by 30 June 2021 needs to do so quickly 'to ensure that benefit payments don't stop'

Social Fund annual report for 2019/2020 shows that recoveries of discretionary social fund payments continued to exceed loan payments by more than £80 million

Revision of ‘working age’ Council Tax Reduction Scheme in Scotland from April 2022

CJEU Advocate General says that systematic refusal of social assistance to EU nationals granted right of residence without resource conditions constitutes indirect discrimination

Latest child poverty progress report is a ‘stark and urgent reminder’ that far more investment is needed if Scotland is to meet its targets, warns CPAG

Investigation into role of evidence in the PIP assessment system in Northern Ireland finds ‘systemic maladministration’

Treasury Minister confirms that government is committed to including universal credit advances within Breathing Space scheme ‘as soon as possible’

Delay to rollout of devolved benefits in Scotland until 2025 is ‘highly regrettable’, say MPs

Tribunal failed to consider safeguards against retrospective supersession decision when deciding DLA overpayment recovery appeal

First-tier Tribunal bound by decisions of the Upper Tribunal and, in particular, IM v SSWP

Carer’s Allowance Supplement (Scotland) Bill introduced to Scottish Parliament

More than 200,000 households had their benefit capped as at February 2021

DWP is working with PIP assessment providers to deliver audio recording service for face-to-face assessments ‘as soon as practically possible’