Welfare rights news and case law

6 September, 2018

Government responds to UN Committee's concerns about the impact of austerity measures on disabled people

DWP Minister says that, while more needs to be done, the government is always making improvements that reflect the intent of the UN Convention on the Rights of Persons with Disabilities

6 September, 2018

Work and Pensions Committee to ‘take up the cudgels’ to ensure implementation of Supreme Court ruling on bereavement benefits

Committee Chair Frank Field also asks government to issue guidance to bereaved families pending any decision on whether it will amend eligibility rules

6 September, 2018

Extensions to list of prescribed occupations for latex anaphylaxis and nasal carcinoma

New DWP guidance

6 September, 2018

Retained worker status will not be lost merely because JSA is disallowed on the grounds of ‘not actively seeking work’

CE/1320/2017

5 September, 2018

Scottish Government to start delivery of best start grant payments before Christmas 2018

First Minister says that accelerated roll-out will help families six months ahead of schedule

5 September, 2018

Value of outstanding housing benefit overpayments ‘continues to follow an increasing trend’

New DWP statistics show a total debt of £2.12 billion as at January 2018, up by £100 million on the same point in the previous year

5 September, 2018

DWP in breach of duty to provide tribunal with adjudication history of ESA award / appeal to Upper Tribunal succeeded despite lack of statement of reasons

CE/416/2018

5 September, 2018

Failure by a First-tier Tribunal to exercise its enabling and inquisitorial jurisdiction amounts to an error of law

CUC/1974/2017

5 September, 2018

Backdating of income-related ESA where not awarded on conversion from incapacity benefit

CSE/33/2017

4 September, 2018

High Court decision to quash amendments to mobility activity 1 descriptors had retrospective effect so that amendments were never valid

CPIP/1292/2018

3 September, 2018

DWP provides update on roll-out of Verify Earnings and Pensions Alerts service to local authorities

Alerts, which provide immediate notification of changes in income, to replace Real Time Information referrals

31 August, 2018

National Fraud Initiative detected £24.9 million of housing benefit fraud and error between 2016 and 2018

New report also says that data matching for council tax support introduced from 2016/2017 identified £2.8 million of incorrect payments

31 August, 2018

Challenging HMRC discretionary determinations whether to accept an oral claim for tax credits

CTC/644/2018

30 August, 2018

Supreme Court rules that refusal of widowed parent's allowance to unmarried partner is incompatible with ECHR

[2018] UKSC 48

30 August, 2018

Comptroller and Auditor General in Northern Ireland qualifies his opinion on Department for Communities' accounts for 2017/2018

Benefit overpayments due to fraud and error have risen to £91.4 million, up from £87.7 million the previous year

29 August, 2018

Welfare rights

Government responds to UN Committee's concerns about the impact of austerity measures on disabled people

DWP Minister says that, while more needs to be done, the government is always making improvements that reflect the intent of the UN Convention on the Rights of Persons with Disabilities

Work and Pensions Committee to ‘take up the cudgels’ to ensure implementation of Supreme Court ruling on bereavement benefits

Extensions to list of prescribed occupations for latex anaphylaxis and nasal carcinoma

Retained worker status will not be lost merely because JSA is disallowed on the grounds of ‘not actively seeking work’

Scottish Government to start delivery of best start grant payments before Christmas 2018

Value of outstanding housing benefit overpayments ‘continues to follow an increasing trend’

DWP in breach of duty to provide tribunal with adjudication history of ESA award / appeal to Upper Tribunal succeeded despite lack of statement of reasons

CE/416/2018

Failure by a First-tier Tribunal to exercise its enabling and inquisitorial jurisdiction amounts to an error of law

Backdating of income-related ESA where not awarded on conversion from incapacity benefit

High Court decision to quash amendments to mobility activity 1 descriptors had retrospective effect so that amendments were never valid

DWP provides update on roll-out of Verify Earnings and Pensions Alerts service to local authorities

National Fraud Initiative detected £24.9 million of housing benefit fraud and error between 2016 and 2018

Challenging HMRC discretionary determinations whether to accept an oral claim for tax credits

Supreme Court rules that refusal of widowed parent's allowance to unmarried partner is incompatible with ECHR

Comptroller and Auditor General in Northern Ireland qualifies his opinion on Department for Communities' accounts for 2017/2018

75 per cent of DLA reassessment claims were awarded PIP in Northern Ireland

Assessing risk of harm to a claimant with hearing loss while washing and bathing

Tribunal should not have adopted HMRC 'workaround' by awarding tax credits for one day where there was no entitlement

More than 90 per cent of LHA rates are below cheapest rent levels, says Chartered Institute of Housing