Welfare rights news and case law

14 May, 2020

Child poverty rate in Northern Ireland increases for the first time since 2013/2014, affecting almost a quarter of children in 2018/2019

New statistics also show that poverty rates have increased for individuals and working-age adults for the first time over the same period

13 May, 2020 Open access

As Self-Employment Income Support Scheme opens for applications, LITRG expresses concern that those who have not been contacted by HMRC may miss out on support

LITRG also warns that scheme's online checker only checks some of the eligibility conditions and may give incorrect results

13 May, 2020

Requirement for returning British Citizen to be ‘qualifed person’ in order for family member to derive right to reside is unlawful

HK v Secretary of State for Work and Pensions (PC)
[2020] UKUT 73 (AAC)
CSPC/0330/2019

13 May, 2020

DWP launches new online service for landlords to request direct payments of rent or rent arrears

Existing process, that relied on email or postal system to complete managed payment requests, replaced by fully online service

13 May, 2020 Open access

Department for Communities in Northern Ireland to suspend recovery of benefit overpayments and loans for three months in response to coronavirus outbreak

Suspension 'will go some way to easing the financial difficulty that many find themselves in', says Communities Minister

12 May, 2020

Court of Appeal rules that failure to provide transitional protection for claimants who transferred to universal credit following incorrect legacy benefit decision was unlawful

TD & Ors, R (On the Application Of) v Secretary of State for Work And Pensions [2020] EWCA Civ 618

12 May, 2020 Open access

Coronavirus Job Retention Scheme extended to end of October 2020

Chancellor also announces that furloughed staff will be able to work part-time from August 2020, but that employers will be asked to start sharing the costs of paying people's salaries

12 May, 2020

Whether tribunal should have requested DLA evidence in PIP transfer claim appeal where there was no indication that claimant had ever been invited to request it

CH (by TH) v Secretary of State for Work and Pensions (PIP)
[2020] UKUT 70 (AAC)
CPIP/2836/2018

12 May, 2020 Open access

‘Declarations’ for universal credit remain more than double the weekly number before coronavirus lockdown

New statistics show that more than 170,000 individual 'declarations' were made in week beginning 29 April 2020, as compared to just over 75,000 in week beginning 4 March

12 May, 2020 Open access

Minister confirms that short, fixed-term awards of PIP that were due to expire during the COVID-19 pandemic will be automatically extended for six months

Responding to question in Parliament, Minister acknowledges that there had been an issue for some claimants, but that it has now been 'addressed'

12 May, 2020

IIAC recommends that malignant melanoma in pilots and cabin crew be added to list of prescribed diseases for IIDB

New Command Paper identifies aircrew at more than double the risk of developing melanoma after five years of employment

12 May, 2020 Open access

Ending Coronavirus Job Retention Scheme too soon risks second surge in unemployment, says Resolution Foundation

New report calls for scheme to be extended to partial furloughs, with employers contributing to furloughed workers’ wages

11 May, 2020 Open access

Provision for one-off increase in Carer’s Allowance Supplement included in new emergency Coronavirus Bill in Scotland

Amongst other measures, new legislation will increase the Supplement by more than £230 for period from April to September 2020

7 May, 2020

Government’s ‘no recourse to public funds’ policy breaches human rights law, High Court rules

Regime and instructions to Home Office caseworkers do not adequately give effect to the obligations imposed on the Secretary of State by the European Convention on Human Rights

7 May, 2020

Almost 80,000 households were subject to the benefit cap at February 2020, according to new DWP statistics

Figures also show that average cap amount across all capped households was £51 a week, rising to £63 for some family types

7 May, 2020 Open access

DWP issues guidance on coronavirus-related amendment to the calculation of earnings for maternity allowance

Guidance sets out new rules that relax earnings condition for women with lower earnings while furloughed under Job Retention Scheme

6 May, 2020 Open access

New Northern Ireland statistics highlight ‘unprecedented’ number of universal credit claims since beginning of the coronavirus crisis

Department for Communities management information shows a tenfold increase in claims at height of the outbreak in mid-March

6 May, 2020 Open access

Scottish Government proposes additional payment for carers in response to coronavirus pandemic

One-off supplement of £230.10 would be an acknowledgement to carers 'that we know that they are doing even more right now, and we thank you', says Cabinet Secretary

6 May, 2020

Disregard of Scottish Child Payment in calculation of reserved income-related benefits, and new powers to allow HMRC and Scottish Ministers to share information

New statutory instrument