Welfare rights news and case law

19 May, 2021

Initial single site to trial integrated assessment system for PIP and WCA will be in Marylebone, London

Responding to a Freedom of Information request, the DWP confirms that only claimants in E5, N2, N3, N4 and N6 postcode areas will be included in the trial

19 May, 2021

Gap in empirical research into Digital Support for people unable to access digitalised court services ‘should be urgently addressed’

New report from the Public Law Project emphasises importance of Digital Support fulfilling its role if ongoing HMCTS reforms are truly to maintain or improve access to justice

19 May, 2021

DWP confirms mechanisms that are in place to support claimants who are due a large back payment of benefit

Minister advises that mechanisms include making payments to a third party or making the payment in smaller amounts staggered over time

19 May, 2021

Whether tribunal erred in law by relying on evidence that it did not disclose to claimant / substantial risk under regulation 35 and requirement to consider risk to others

MH v Secretary of State for Work and Pensions (ESA)
[2021] UKUT 90 (AAC)
CE/685/2020

19 May, 2021

DWP confirms it is expanding the range of universal credit claimant data it shares with local authorities

Designed to support councils identify vulnerable families, Department will now share data on limited capability for work, and earnings below the free school meals and free prescription thresholds

18 May, 2021

DWP issues guidance on eligibility for points under PIP washing and bathing descriptors where claimant has to remove hearing aid or cochlear implant while washing

Guidance follows Upper Tribunal decision that claimants could not wash or bathe safely after removing hearing aids as they wouldn't be able to hear a standard fire alarm

18 May, 2021

Number of universal credit claimants sanctioned since return of conditionality in July 2020 shows gradual increase

However, new DWP statistics highlight that just 490 adverse sanction decisions were made in January 2021 compared to 11,000 in March 2020

18 May, 2021

Number of new claims for universal credit falls below pre-pandemic average

New DWP statistics show that around 40,000 claims were received in each of the four weeks to 8 April 2021 compared to a pre-pandemic average of more than 50,000

18 May, 2021

Work and Pensions Minister asked to provide ‘fuller information’ in relation to evidence given to Select Committee hearing on ongoing problems with universal credit

In particular, letter from Lord Forsyth and Stephen Timms questions Department's use of statistics when answering questions about its consideration of separate payments for couples

17 May, 2021

DWP warns that making universal credit split payments the default option in Scotland would require substantial staff time and lead to significant costs

Ministers' response to Select Committee also warns that automation of current manual split payment processes would cause considerable disruption and take time to complete

17 May, 2021

Government reiterates that Scottish proposals for information gathering for disability benefits risk ‘replicating the limitations and failings’ of DLA

Face-to-face assessments are an 'important tool' to draw out issues that otherwise might go unreported, and moving away from them may make collecting evidence challenging, say DWP Ministers

17 May, 2021

HMCTS seeks views from legal representatives about their experiences and perceptions of remote hearings

Responses to online survey sought by 1 June 2021

14 May, 2021

Welsh Labour leader and First Minister creates new cabinet role of Minister for Social Justice

Former Chief Whip Jane Hutt takes up newly created Ministerial post following recent Senedd elections

13 May, 2021

DWP was most common creditor of people using food banks in early 2020

New Trussell Trust research shows that almost half of all people using food banks and four in ten disabled people referred were indebted to the DWP

13 May, 2021

Almost 4 per cent of benefit expenditure was overpaid in 2020/2021, representing the highest overpayment rate to date

However DWP Minister says that, due to streamlined verification checks during the surge in universal credit claims at the start of the pandemic, it was 'inevitable' that level of fraud and error would increase

13 May, 2021

Payment of disability and carer’s benefits to EEA frontier workers who have worked in the UK before the end of the transition period on 31 December 2020

New DWP guidance clarifies that the UK can remain the competent state for paying the benefits provided the claimant was a frontier worker immediately before the end of the transition period and continues to be so thereafter

13 May, 2021

Rights of EEA nationals and their families to disability and carer’s benefits following the repeal of free movement law at the end of the transition period for leaving the EU

New DWP guidance highlights that if claimant does not have leave to enter or remain in the UK under EUSS, they may be a person subject to immigration control and therefore not entitled to the benefits

13 May, 2021

DWP and HMRC to issue letters to people they believe may need to apply to the European Union Settlement Scheme

Email to stakeholders advises that letters will include guidance on who should apply, how to do so, and flag support available to assist with applications

12 May, 2021

DWP indicates that it has limited the amount that can be deducted from universal credit to pay court fines to 5 per cent of the standard allowance

Department's benefit and pension rates policy paper had previously outlined that up to £108.35 per month could be deducted