Welfare rights news and case law

10 January, 2023

10 per cent of claimants issued a migration notice in the first cohort of ‘move to universal credit’ discovery phase failed to make a claim and had their legacy benefits terminated

However, DWP says that the evidence from the trial is 'positive' and that it is confident it can safely transition legacy claimants to universal credit

10 January, 2023

Labour would guarantee that claimants who move into work with help of employment support could return to benefits without need for further assessment process

Plans to help jobseekers into work set out by Shadow Work and Pensions Secretary also include reform of jobcentres and localisation of employment support

10 January, 2023

When considering a backdating request for universal credit, tribunal should consider whether original claim included an ‘implied claim’ for a past period

WB v Secretary of State for Work and Pensions (UC)
[2022] UKUT 332 (AAC)
UA-2022-000123-USTA

10 January, 2023

Whether tribunal considering further appeal against decision that was finally determined ten years earlier was correct to find that it had no jurisdiction to admit it

AA v Secretary of State for Work and Pensions (JSA)
[2022] UKUT 341 (AAC)
UA-2022-000624-JSA

10 January, 2023

Marie Curie calls on the government to give terminally ill people early access to their state pension

New research finds that 'transformative' change, which would almost halve poverty among those with terminal illness, would cost just 0.1 per cent of the annual state pension bill

9 January, 2023

Increase in the universal credit administrative earnings threshold from 30 January 2023

New statutory instrument

9 January, 2023

Regulations introduced to freeze local housing allowance rates for a third year at their 2020/2021 levels

New statutory instrument amends Rent Officers Orders to maintain current LHA rates into 2023/2024

5 January, 2023

Government to carry out new review of civil legal aid with a view to moving towards a ‘more effective, more efficient and more sustainable system’

MoJ says it will also consider value for taxpayers’ money and wider budgetary restraints on the Department

5 January, 2023

Almost all welfare rights advisers responding to recent survey say that pension credit claimants are facing delays in excess of the DWP’s six-week processing target

Survey also finds that around six in ten advisers say claimants are waiting between 12 weeks and six months on average for claims or changes to be processed, while 15 per cent say the average delay is even longer

5 January, 2023

Combined effect of universal credit taper and high income child benefit charge creates ‘truly punitive’ effective tax rates and an ‘iron cap on aspiration’

Resolution Foundation says that complex interaction of systems run by two different departments is not what a family-friendly tax and benefits system looks like

4 January, 2023

Almost a third of audited PIP assessments either need amending or identify that the healthcare professional ‘requires learning’

Freedom of information request also reveals that more than 2 per cent of PIP assessments and almost 5 per cent of ESA and universal credit assessments failed to meet the required standard in August 2022,

3 January, 2023

Government announces schedule for issuing cost of living payments during 2023/2024

Low income households will receive £900 paid in three instalments across the year, while the £150 disability payment will be made in the summer and the £300 pensioner payment in the winter

3 January, 2023

Viscount Younger of Leckie appointed as Parliamentary Under Secretary of State for Work and Pensions in the House of Lords

Duties of new Minister, who replaces Baroness Stedman-Scott, include bereavement and maternity benefits and oversight of DWP's resourcing and estates

23 December, 2022

DWP to pilot domestic abuse codeword scheme in Jobcentres from early 2023

Developed by the Home Office, Ask for ANI scheme expected to be trialled in selected Jobcentre Plus offices for up to 12 months

23 December, 2022

Government issues guidance to local authorities in England on using their allocation from the £100 million Council Tax Support Fund

Billing authorities will have some discretion on how to support bill payers but will be expected to provide up to £25 reduction in council tax liability of all individuals receiving council tax support who have outstanding council tax liability

21 December, 2022

High Court rules that Home Secretary is acting unlawfully by failing to provide for essential living needs of asylum seekers

R (on the application of CB) v Secretary of State for the Home Department [2022] EWHC 3329 (Admin)

20 December, 2022

MPs call for childcare costs caps in universal credit to be uprated to better reflect the true cost of childcare

In addition, Select Committee urges DWP to find a solution to the barrier that requiring upfront costs creates, and to provide more support and advice for those that need help with childcare

20 December, 2022

Scottish Government reports on increase in complaints received by Social Security Scotland as roll out of child disability payment and adult disability payment continues

New figures highlight that most common reasons for complaints are ‘quality of service’ and ‘timescales’, and that only 45 of 560 stage 1 complaints were not upheld between April and September 2022

19 December, 2022

Government announces £100 million additional funding for local authorities to support council tax support claimants in England

Housing Secretary says new funding will enable councils to deliver additional support to claimants and give them the resources and flexibility 'to determine local approaches to support other vulnerable households in their area'