Welfare rights news and case law

9 August, 2023

Disregarding interim infected blood compensation payments made from the estate of an infected person to their child or step child in the calculation of means-tested benefits

New statutory instrument

9 August, 2023

Increase in the standard interest rate charged on loans for mortgage interest from 3.03 per cent to 3.28 per cent

New figure applies from 1 July 2023 in line with calculation method set out in the Loans for Mortgage Interest Regulations 2017

8 August, 2023

Scottish Government publishes draft Disability Assistance for Older People Regulations

Draft regulations set out rules and eligibility criteria for pension age disability payment that will replace attendance allowance in Scotland from Autumn 2024

8 August, 2023

First-tier Tribunal erred in changing decision after it had been announced at end of hearing, and in adopting wrong date from which increased PIP rates were payable

KK v Secretary of State for Work and Pensions (PIP)
[2023] UKUT 151 (AAC)
UA-2022-000194-PIP

8 August, 2023

Third country family members can acquire residence rights following dissolution of marriage between third country national and EEA citizen despite omission from EEA Regulations

AT v LB Hillingdon and Secretary of State for Work and Pensions (HB)
[2023] UKUT 149 (AAC)
UA-2020-000117-HB

8 August, 2023

Annual caseload of households receiving council tax reduction in Wales continued on downward trend in 2022/2023

New figures reflect an almost 20 per cent drop in caseload compared to a decade ago, when the new scheme was introduced to replace council tax benefit

7 August, 2023

Universal credit is not payable for a third child conceived in a stable relationship even where the two older siblings were conceived in an abusive relationship

AT v Secretary of State for Work and Pensions (UC)
[2023] UKUT 148 (AAC)
UA-2022-000858-UOTH

7 August, 2023

Periods of residence in Australia before March 2001 cannot be used to increase ‘Step 2’ calculation of transitional rate new state pension

DB v Secretary of State for Work and Pensions [2023] UKUT 144 (AAC)

1 August, 2023

DWP confirms that failure to return a PIP light touch review form will not result in a disallowance where claimant has been identified as needing additional support

Writing to stakeholders, Department advises that claimants will instead be invited to an assessment with a health care professional

31 July, 2023

Court of Appeal rules that a guaranteed minimum pension received by a widow from her deceased husband’s occupational pension can be lawfully deducted from her own additional state pension

Robins v Secretary of State for Work and Pensions [2023] EWCA Civ 890

31 July, 2023

Online apply for PIP service now live in selected postcode areas

Available via gov.uk, new service follows small-scale test of 'Get your PIP' online that launched in January 2022

28 July, 2023

High Court makes declaration that DWP’s failure to provide blind and sight impaired people with accessible communications about their benefits was unlawful

However, Leigh Day Solicitors says it 'remains unconvinced' that changes made since claim was started are sufficient to meet Department's legal obligations and reserves right to bring matter back to court

27 July, 2023

Disregarding compensation payments relating to the Grenfell fire, the Post Office Horizon scandal and to vaccine damage in the calculation of universal credit

New DWP guidance

26 July, 2023

Whether tax credits eight-week temporary absence rule can be relaxed in cases where claimant unable to return to UK as a result of Covid-19-related travel restrictions

GL v His Majesty's Revenue & Customs
[2023] UKUT 100 (AAC)
UA-2021-000785-TC

26 July, 2023

Lack of ‘comprehensive, robust evidence’ is making it difficult for HMCTS to establish what good practice looks like in relation to changes introduced by its reform programme

Research commissioned by MoJ highlights key areas where more evidence is needed, particularly around identifying where specific groups may be more disadvantaged

Welfare rights

Disregarding interim infected blood compensation payments made from the estate of an infected person to their child or step child in the calculation of means-tested benefits

New statutory instrument

Increase in the standard interest rate charged on loans for mortgage interest from 3.03 per cent to 3.28 per cent

Scottish Government publishes draft Disability Assistance for Older People Regulations

First-tier Tribunal erred in changing decision after it had been announced at end of hearing, and in adopting wrong date from which increased PIP rates were payable

Third country family members can acquire residence rights following dissolution of marriage between third country national and EEA citizen despite omission from EEA Regulations

Annual caseload of households receiving council tax reduction in Wales continued on downward trend in 2022/2023

Universal credit is not payable for a third child conceived in a stable relationship even where the two older siblings were conceived in an abusive relationship

AT v Secretary of State for Work and Pensions (UC)
[2023] UKUT 148 (AAC)
UA-2022-000858-UOTH

Periods of residence in Australia before March 2001 cannot be used to increase ‘Step 2’ calculation of transitional rate new state pension

DWP confirms that failure to return a PIP light touch review form will not result in a disallowance where claimant has been identified as needing additional support

Court of Appeal rules that a guaranteed minimum pension received by a widow from her deceased husband’s occupational pension can be lawfully deducted from her own additional state pension

Online apply for PIP service now live in selected postcode areas

High Court makes declaration that DWP’s failure to provide blind and sight impaired people with accessible communications about their benefits was unlawful

Disregarding compensation payments relating to the Grenfell fire, the Post Office Horizon scandal and to vaccine damage in the calculation of universal credit

Whether tax credits eight-week temporary absence rule can be relaxed in cases where claimant unable to return to UK as a result of Covid-19-related travel restrictions

Evaluation of Health-led Employment Trials finds no evidence of an employment or earnings effect

Improving Lives Through Advice programme launched with £30m funding from the National Lottery Community Fund

Managed migration of universal credit to roll out to six further regions from September 2023

Local authorities overspent Scottish Welfare Fund budget by 40 per cent during 2022/2023

Lack of ‘comprehensive, robust evidence’ is making it difficult for HMCTS to establish what good practice looks like in relation to changes introduced by its reform programme

Welfare rights

New statutory instrument

AT v Secretary of State for Work and Pensions (UC) [2023] UKUT 148 (AAC) UA-2022-000858-UOTH

AT v Secretary of State for Work and Pensions (UC)
[2023] UKUT 148 (AAC)
UA-2022-000858-UOTH