Welfare rights news and case law

5 December, 2016

Government publishes response to consultation on reforming national insurance contributions for the self-employed

Response confirms that Class 2 contributions will be abolished and replaced by zero-rated Class 4 contributions

5 December, 2016

Tribunals must consider potential increased anxiety related to availability of third party assistance when assessing risk for regulation 35

CE/1665/2016

2 December, 2016

Tribunal ‘Registrar’ role created to carry out all decisions that a judge may make except ‘substantive final decisions’

New tribunal practice statement sets out functions to be delegated to legally qualified staff appointed under the Tribunals, Courts and Enforcement Act 2007

2 December, 2016

Concentrix contract has been a ‘complete failure’, say MPs

Public Accounts Committee finds there was an unacceptable breakdown in service which needs meaningful action to prevent repeated failures

2 December, 2016

Court of Appeal rules that 'unreasonably high' rent determinations for private sector rents must not artificially limit comparisons to unsubsidised alternatives

[2016] EWCA Civ 1211

1 December, 2016

DWP Minister Lord Freud announces retirement from ministerial role

Government says that the appointment of a successor DWP Minister in the House of Lords will be announced in due course

1 December, 2016

'Cut first, think later' attitude of Concentrix plunged claimants into 'humiliating hardship and debt', say MPs

Work and Pensions Select Committee finds that HMRC was not only complicit in process but put pressure on Concentrix to subject more claimants to it

1 December, 2016

Government considering plans to allow PIP claimants to keep Motability vehicles until appeal outcomes are known

Minister for Disabled People also announces plans to extend access to Motability to claimants not in receipt of enhanced rate mobility component

1 December, 2016

Work and Pensions Committee launches inquiry into self-employment and the ‘gig economy’

Review will, in part, assess the effectiveness of universal credit and jobcentres to deliver support to self-employed claimants

1 December, 2016

Activity 2 - taking nutrition - refers to the physical and mental actions of eating and drinking and not to the quality of nutrition

CPIP/2308/2015

30 November, 2016

Tribunal failed to properly consider effects of work-related activity on claimant’s mental health / caution required when changing an appeal hearing time on the day

CE/1588/2016

30 November, 2016

Welfare rights

Government publishes response to consultation on reforming national insurance contributions for the self-employed

Response confirms that Class 2 contributions will be abolished and replaced by zero-rated Class 4 contributions

Tribunals must consider potential increased anxiety related to availability of third party assistance when assessing risk for regulation 35

Tribunal ‘Registrar’ role created to carry out all decisions that a judge may make except ‘substantive final decisions’

Concentrix contract has been a ‘complete failure’, say MPs

Court of Appeal rules that 'unreasonably high' rent determinations for private sector rents must not artificially limit comparisons to unsubsidised alternatives

DWP Minister Lord Freud announces retirement from ministerial role

'Cut first, think later' attitude of Concentrix plunged claimants into 'humiliating hardship and debt', say MPs

Work and Pensions Select Committee finds that HMRC was not only complicit in process but put pressure on Concentrix to subject more claimants to it

Government considering plans to allow PIP claimants to keep Motability vehicles until appeal outcomes are known

Work and Pensions Committee launches inquiry into self-employment and the ‘gig economy’

Activity 2 - taking nutrition - refers to the physical and mental actions of eating and drinking and not to the quality of nutrition

DWP is not doing enough to find out how sanctions affect benefit claimants, says National Audit Office

Government will ‘aim’ to protect existing ESA claimants who try out work and return to ESA

Tribunal duties in ESA appeals where copies of previous decisions and medical reports not provided

Tribunal failed to properly consider effects of work-related activity on claimant’s mental health / caution required when changing an appeal hearing time on the day

Ability to ‘mobilise’ in ESA prescribed activity 1 must not take account of use of a powered wheelchair

Local authorities in Scotland awarded more than 86,000 DHPs between April and September 2016

Whether sums of money lent for a specific purpose count as capital

Evidence requirements and definition of ‘dust reticulation’ for pneumoconiosis (prescribed disease D1)

DWP highlights problem with the ‘Payment Deduction Project’ interface