Welfare rights news and case law

9 October, 2019

Whether consuming food in liquid form to avoid swallowing difficulties fits with defintion of ‘taking nutrition’ / relevance of pain and discomfort and reliability criterion 'to an acceptable statndard'

CPIP/381/2019

8 October, 2019

DWP proactively seeking further evidence at mandatory reconsideration stage in all PIP and WCA cases

Minister for Disabled People tells parliament that improvement to process follows successful pilot carried out over the summer

8 October, 2019

Charities call for first payment of universal credit to be made before claimants are required to agree claimant commitment

Responding to call for evidence by the SSAC, organisations also recommend a formal right of appeal against the commitment

8 October, 2019

DWP allocates additional funding for universal credit home visiting service

Minister for Welfare Delivery tells parliament that funds for service will rise to just under £2 million in 2019/2020 and to more than £5.5 million by 2023/2024

8 October, 2019

Holistic assessment should be made of claimant’s ability to plan and follow a journey on foot, driving and using public transport

CPIP/1094/2019

8 October, 2019

Tribunal failed to give adequate reasons for finding that daily attention of more than one and a half hours did not amount to attention for a ‘significant portion of the day’

CDLA/799/2019

7 October, 2019

Managed migration regulations drawn to ‘special attention’ of both Houses for DWP’s ‘unjustifiable’ delay in laying them

Committee of MPs and Peers also highlight that former Work and Pensions Secretary did not receive advice from it on proceeding to lay regulations without debate

7 October, 2019

Evidence required for free school meal applications from universal credit claimants

DWP issues new guidance to local authorities in respect of claimants in England and Wales

7 October, 2019

Tribunal should have exercised power to extend time to apply for carer contributions credits afresh rather than merely review decision maker’s exercise of power

UK/1118/2019

4 October, 2019

Families on housing benefits are priced out of almost all rented homes in Great Britain

Bureau of Investigative Journalism presents findings based on analysis of more than 62,000 two-bed rental properties

4 October, 2019

Immediate UK Government action needed to mitigate effect of ‘no deal’ Brexit on people with low incomes, says Scottish Government

Letter to Work and Pensions Secretary calls for range of actions including reduction of universal credit waiting period, reversal of two-child limit and removal of benefit cap

4 October, 2019

Scottish Government sets out Scottish Child Payment eligibility and payment rules

Social Security Secretary also confirms that draft regulations have been sent to the Scottish Commission on Social Security for scrutiny

4 October, 2019

Tribunal failed to investigate sufficiently whether claimant’s medical appointments precluded her from attending oral hearing

CUC/270/2019

4 October, 2019

Consideration of ability to follow the route of a journey should not be limited to short journeys for purposes of mobility descriptors 1(d) and 1(f)

CPIP/2567/2018

3 October, 2019

High Court rules that mechanism used to increase women’s state pension age, in combination with a failure to properly inform women of the changes, was not unlawful

[2019] EWHC 2552 (Admin)

3 October, 2019

Government confirms it is currently investigating 107 ‘third party individuals’ in relation to fraudulent universal credit claims

Minister adds that one third party has been successfully prosecuted and a number of other cases are 'at an advanced stage of investigation'

3 October, 2019

More than £37 million has been paid to claimants previously entitled to an SDP who lost out on migration to universal credit

DWP Minister confirms that almost 14,000 claimants have been made lump sum payments worth an average of £2,280

3 October, 2019

Scottish Child Payment should have three month notice period before it is withdrawn, says JRF and IPPR Scotland

New briefing also recommends fortnightly payments with a choice of frequency being developed over time

3 October, 2019

Actual profitability and a certain level of regular financial transactions are not essential to the definition of ‘self-employed’ for purposes of entitlement to working tax credit

CTC/2494/2018