Welfare rights news and case law

21 December, 2018

Provisional allocation of Administration Subsidy Grants for Localised Council Tax Support in 2019/2020

Ministry of Housing, Communities & Local Government letter sets out allocations for each local authority in England

20 December, 2018

Immigration and Social Security Co-ordination (EU Withdrawal) Bill 2017/2019 receives first reading

Bill includes provision to repeal or modify retained direct EU legislation and EU derived domestic legislation relating to social security coordination and free movement after UK’s exit from the EU

20 December, 2018

Around 1,000 qualifying claimants have received PIP arrears payments since start of review exercise following Upper Tribunal decisions relating to Mobility Activity 1

DWP management information also says that 140,000 cases have been ‘reviewed and cleared’ as at 23 November 2018

20 December, 2018

DWP announces PIP review exercise following Upper Tribunal judgment in OM v SSWP (PIP)

Administrative exercise will enable DLA awards to be reinstated in PIP transfer cases if the claimant later showed good reason for failing to attend an assessment or to supply information or evidence

20 December, 2018

Negative determinations for failing to attend PIP assessments following Upper Tribunal decision OM v SSWP (PIP)

New DWP guidance confirms that if good reason is accepted for failure to attend a PIP assessment a negative determination must be set aside and DLA reinstated

20 December, 2018

Mrs Justice Farbey appointed as President of the Upper Tribunal Administrative Appeals Chamber

Appointment will take effect from 1 January 2019

19 December, 2018

Government publishes white paper on proposed immigration system once Britain has left the EU

Proposals include that EU citizens’ moving to the UK after immigration rules have changed will have to make ‘significant contributions’ to the UK economy before they can access certain benefits

19 December, 2018

DWP ‘made a serious error’ removing disability premiums from universal credit, says Select Committee

Department should assess the costs and benefits of introducing a 'self-care' element paid at the same rate as the carer element

19 December, 2018

Ministry of Justice ‘working closely with DWP to ensure efficient decision making’

Responding to question on cuts to legal aid, Under Secretary of State also tells parliament that, while decisions on welfare claims significantly impact vulnerable people, 'the claims are often not complicated'

19 December, 2018

There is a right of appeal where mandatory reconsideration request on 'any time' grounds made more than 13 months after date of original decision

CSDLA/375/2016 & CSJSA/513/2016

19 December, 2018

Tribunal should consider whether there is need to separate out appellant's direct evidence from that relayed by representative where there are inconsistencies

CPIP/1035/2017

19 December, 2018

Welfare rights

Provisional allocation of Administration Subsidy Grants for Localised Council Tax Support in 2019/2020

Ministry of Housing, Communities & Local Government letter sets out allocations for each local authority in England

Immigration and Social Security Co-ordination (EU Withdrawal) Bill 2017/2019 receives first reading

Around 1,000 qualifying claimants have received PIP arrears payments since start of review exercise following Upper Tribunal decisions relating to Mobility Activity 1

DWP announces PIP review exercise following Upper Tribunal judgment in OM v SSWP (PIP)

Negative determinations for failing to attend PIP assessments following Upper Tribunal decision OM v SSWP (PIP)

Mrs Justice Farbey appointed as President of the Upper Tribunal Administrative Appeals Chamber

Government publishes white paper on proposed immigration system once Britain has left the EU

Proposals include that EU citizens’ moving to the UK after immigration rules have changed will have to make ‘significant contributions’ to the UK economy before they can access certain benefits

DWP ‘made a serious error’ removing disability premiums from universal credit, says Select Committee

Ministry of Justice ‘working closely with DWP to ensure efficient decision making’

There is a right of appeal where mandatory reconsideration request on 'any time' grounds made more than 13 months after date of original decision

Tribunal should consider whether there is need to separate out appellant's direct evidence from that relayed by representative where there are inconsistencies

Citizens’ rights to benefits and pensions in the event of a no deal Brexit

Miscellaneous amendments to universal credit

NAO announces it is to investigate overpayments of carer’s allowance

Amendments to prescribed requirements for council tax reduction schemes in England

DWP examines local authority cost-control of housing benefit for long-term supported accommodation

Help with optical charges in Northern Ireland

Transfer of legislative competence for the provision of welfare food to Scottish Ministers

Work and Pensions Committee calls on DWP to withdraw draft universal credit managed migration regulations