Welfare rights news and case law

18 December, 2020

DWP figures show increase in percentage of universal credit claims closed as result of failed habitual residence test

Statistics supplied to parliament show that percentage of claims closed in period from May to November 2020 has more than doubled in comparison to same period in 2019

18 December, 2020

Run-on of universal credit in assessment period that claimant reaches state pension age

New DWP guidance

18 December, 2020

Revocation of legislation giving effect to agreements between UK and Iceland, Liechtenstein, Norway and Switzerland on citizens’ rights following the UK’s exit from the EU

New statutory instruments

18 December, 2020

Revocation of EU social security co-ordination regulations from 31 December 2020

New statutory instrument

17 December, 2020 Open access

DWP re-introduces ‘Failure to Attend’ process for PIP claimants who miss their telephone assessment

However, Department adds that it will 'always contact' anyone who does not attend, and support will continue where there is a good reason

17 December, 2020

Whether limiting a disabled claimant’s housing benefit to the one-bedroom shared accommodation rate of the local housing allowance amounts to unlawful discrimination

CM v (1) Bradford Metropolitan District Council (2) Secretary of State for Work and Pensions
[2020] UKUT 285 (AAC)
CH/4167/2013

17 December, 2020

English and Welsh local authorities spent 40 per cent of total discretionary housing payment allocations in first half of 2020/2021

DWP half-year figures also show that more than a quarter had spent less than 30 per cent in the same period

17 December, 2020 Open access

Work and Pensions Secretary confirms there are no plans to extend benefit cap grace period in universal credit

While feasibility of extension has been considered, Secretary of State says resources will remain focused on Department’s ‘Plan for Jobs’, and that getting claimants back to work remains her ‘primary concern’

16 December, 2020 Open access

‘Significant increase’ in the number of calls to DWP Debt Management in November 2020 led to more than 50,000 calls per day being blocked

DWP Minister also confirms that, even where callers were able to get through, more than one in five went unanswered

16 December, 2020

Providing Court of Appeal and equivalent courts across UK with power to depart from retained EU case law after Brexit

New statutory instrument

16 December, 2020 Open access

Decade of austerity and increasing impoverishment of many households prior to COVID-19 pandemic is affecting impacts of containment measures, says Institute of Health Equity

New Marmot Review urges government to 'build back fairer' and scrap the benefit cap and two-child policy, taper benefits to avoid cliff edges and end the five-week wait for universal credit

16 December, 2020 Open access

Government urged to introduce four-point plan to tackle single parent poverty after coronavirus and retain £20 uplift to universal credit

Learning and Work Institute and Gingerbread call for measures to address 'devastating impact' of pandemic on single parent families

15 December, 2020 Open access

‘Perfect storm’ has made the impacts of the coronavirus pandemic particularly acute for BAME people, say MPs

Women and Equalities Committee report highlights particular concerns around universal credit claims processes and impact of no recourse to public funds policy

15 December, 2020

Exceptions to the two-child policy are ‘considered and compassionate’, government tells Work and Pensions Committee

Rejecting Committee's recommendation to reverse policy, government adds that claimants can have as many children as they choose 'in the knowledge of the support available'

15 December, 2020

Whether separate claims and separate decisions are required before every prescribed disease claimed under industrial injuries benefit system can be considered

MH v Secretary of State for Work and Pensions (II)
[2020] UKUT 297 (AAC)
CI/1000, 1001 & 1002/2019

15 December, 2020 Open access

Regulations introduced to freeze local housing allowance rates in 2021/2022

New statutory instrument amends Rent Officer Orders to maintain LHA rates at the levels set for 2020/2021

15 December, 2020 Open access

All Party Parliamentary Group launches call for evidence on the impact on poverty of ending the £20 ‘uplift’ in universal credit and tax credits

Cross-party MPs also seek evidence on the effect of not applying increase to legacy benefits, particularly for disabled people and carers

15 December, 2020

Number of PIP mandatory reconsiderations has only returned to half that recorded for the same period last year

However, new DWP statistics also show that new claims and claimant-initiated changes of circumstances have both increased by more than 10 per cent compared to October 2019

14 December, 2020

Entitlement to SDP transitional protection for claimants migrating to universal credit from 27 January 2021

Senior Responsible Officer for Universal Credit confirms that, following removal of SDP gateway, claimants who received the premium in their legacy benefit award will automatically be considered for a transitional payment