Welfare rights news and case law

14 March, 2023

DWP confirms that it fully or partially waived less than twenty universal credit overpayments in the six months to January 2023

Minister says that whilst claimants are not automatically informed of their option to seek a waiver, anyone who feels they can't afford the proposed rate of recovery is encouraged to contact the department

14 March, 2023

DWP issues guidance on regulations that extend universal credit in-work conditionality pilot to February 2024

New ADM Memo

14 March, 2023

Claim for housing benefit could not be backdated to start of universal credit severe disability gateway in case where claimant had retrospective award of ESA severe disability premium for period before gateway started

PR v SSWP and Allerdale BC (HB)
[2023] UKUT 34 (AAC)
UA-2021-001073-HB

14 March, 2023

MoJ announces that Access to Justice Foundation has been awarded funding to administer ‘Improving Outcomes Through Legal Support’ grant

Application process launched for early legal advice funding which will run from July 2023 to March 2025

14 March, 2023

Expert Advisory Group makes recommendations for creation of ‘world-leading rights-based system of support’ in Scotland once transfer to devolved disability and carers benefits is complete

Recommendations to Scottish Government include uprating benefits in line with human rights principle of adequacy and reducing 'myriad of complications' in eligibility rules

12 March, 2023

Government expected to confirm intention to abolish the work capability assessment

'Back-to-work' Budget will also include plans to tackle barriers preventing people from moving into work and to 'help people find jobs that are right for them'

10 March, 2023

DWP releases internal guidance for staff working on universal credit managed migration

Documents issued in response to FOI request include advice to staff on selecting claimants to migrate and extending the deadline for making a universal credit claim

10 March, 2023

DWP confirms that PIP claims will be automatically disallowed where a review form is not returned in time unless claimant has been identified as needing additional support

However, responding to a Parliamentary written question, Work and Pensions Minister says that a two-week extension will be granted on request if more time is needed

10 March, 2023

Update on Basic Income for Care Leavers in Wales pilot shows that uptake is at more than 90 per cent of those eligible to take part

Welsh Government reports that more than 400 care leavers have enrolled on the scheme to receive £1,600 each month over a two-year period

10 March, 2023

Reduction of SMI loans qualifying period to three months and removal of universal credit zero earnings rule in Northern Ireland

New statutory rule also introduces linking rule that enables universal credit claimants to retain their eligibility for SMI should they restart their claim within six months

10 March, 2023

Ensuring that social security benefits uprating provisions in Northern Ireland continue in force

New statutory rules revoke and re-enact provisions for 2022/2023 that would otherwise cease to have effect

9 March, 2023

Number of social security and child support appeal cases outstanding rises for fifth quarter in a row

New MoJ statistics highlight increasing backlog despite disposals rising by almost 70 per cent in the three months to December 2022 compared to the same period in 2021

9 March, 2023

DWP says that it ‘does not have a business requirement’ to retain information about pension credit application processing times

Minister declines to provide information on current average processing times requested in Parliamentary written question

9 March, 2023

Despite low numbers of ESA work capability assessment mandatory reconsiderations, clearance times reached a record high in January 2023

New statistics show that the 340 mandatory reconsiderations cleared in January 2023 took an average of 47 days

8 March, 2023

DWP confirms that no extra funding or staff have been allocated to jobcentres taking part in Additional Jobcentre Support pilot

However, Minister confirms that claimants participating in the pilot will be reimbursed for the additional travel costs arising from daily jobcentre appointments

8 March, 2023

High Court rules that failure to provide NINo on biometric residence permit of claimant granted leave to remain under Destitute Domestic Violence Concession was not unlawful

BK, R (On the Application Of) v Secretary of State for Work and Pensions & Anor [2023] EWHC 378 (KB)

8 March, 2023

Department for Communities outlines proposed timescales for introduction of ‘multi-channel’ delivery of health assessments and online PIP applications

Proposals included in Department's draft Equality Action Plan 2022-2025 that has been published for public consultation

8 March, 2023

Ensuring that uprating of guardian’s allowance for 2023/2024 does not apply where the claimant is living abroad

New statutory instrument also prevents increases applying where there is an unresolved question in relation to uprating

8 March, 2023

Earnings factors used for the calculation of additional state pension and guaranteed minimum pension

New statutory instrument