Welfare rights news and case law

13 December, 2022

HMRC confirms that it will be making backdated tax credit payments ‘as soon as possible’ to refugees who are entitled following Court of Appeal ruling in DK

However, minutes of tax credits consultation forum advise that any asylum payments made from the date of tax credit entitlement will be offset

13 December, 2022

Number of capped households stabilised in three months to August 2022 at just over 120,000

New DWP statistics also show that the majority of those capped in May 2022 remained capped in August 2022

12 December, 2022

Before refusing universal credit on a right to reside ground to a claimant with pre-settled status, Secretary of State must be satisfied that refusal would not prevent them living in dignity

Secretary of State for Work and Pensions v AT (Aire Centre and IMA intervening)
[2022] UKUT 330 (AAC)
UA-2022-001067-USTA

12 December, 2022

‘Punitive’ earnings limit in carer’s allowance is forcing many unpaid carers to work fewer hours at a time when they need to work more

Carers UK calls on government to raise the earnings limit to the equivalent of 21 hours per week at the national living wage

12 December, 2022

More than 150 civil society organisations urge Prime Minister to share their commitment to protecting human rights by keeping the Human Rights Act

Letter to Rishi Sunak says that the last thing anyone needs in the middle of a cost of living crisis is for government to 'strip away our fundamental legal protections'

12 December, 2022

First-tier Tribunal for Scotland Local Taxation Chamber rules of procedure for council tax reduction and other appeals

Schedule to new statutory instrument sets out new Rules that will apply when new Scottish tribunal Chamber is introduced from 1 April 2023

9 December, 2022

Ombudsman orders Department for Communities to pay claimant amount of tax credits he lost after being advised to make a claim for universal credit which was unsuccessful

Claimant receives almost £11,500 in compensation after Northern Ireland Public Services Ombudsman finds that relevant guidance had not been followed and the claimant had been treated unfairly

9 December, 2022

HMCTS launches national digital support service

New service designed to remove barriers faced by some users in accessing online services, including appealing against benefit decisions

9 December, 2022

Self-Isolation Support Grant in Scotland to end in January 2023

Introduced in response to the Covid-19 pandemic, Grant scheme has paid out £73 million and is the longest running scheme of its kind in the UK

8 December, 2022

Independent Case Examiner taking an average of more than a year to allocate cases to an investigator

DWP Minister also confirms that, with number of cases accepted for investigation having risen by almost 70 per cent in 2021/2022, there are more than a thousand cases awaiting allocation

8 December, 2022

Number of social security and child support appeals outstanding at the end of September 2022 almost double the number 12 months earlier

New MoJ statistics also show that receipts were up by more than 70 per cent compared to previous year

8 December, 2022

Percentage of ESA work capability assessments resulting in a support group award continues to increase

New statistics show that almost 70 per cent of initial assessments led to support group outcome, with figure rising to more than 80 per cent for repeat assessments

7 December, 2022

IFS identifies worsening of health across the population as likely reason for number of new PIP claims having doubled in year up to July 2022

New report notes that claims have risen from 15,000 to 30,000 per month and that, while claims are spread across all ages and conditions, the fastest rise is among teenagers where claims have tripled

7 December, 2022

Raising benefit cap by inflation from April 2023 will take 30,000 households out of its scope and lead to further 60,000 households not becoming capped

DWP Minister also confirms that average gain for those households will be £29 per week

6 December, 2022

Excessive delay in introducing bereavement benefit reforms has had a ‘real world cost’ for families who have still not received the support they need

While Joint Committee on Human Rights approves the Remedial Order that brings entitlement to surviving cohabitees with children, it expresses disappointment that change only takes effect from 2018 and not 2016 when original High Court decision was made

6 December, 2022

PCS announces strikes in four DWP offices as part of ‘strategy of targeted action’

Strikes to take place on dates between 19 and 31 December in areas chosen for their 'significant impact on employers’ operations and the government'

6 December, 2022

Housing benefit fraud and error detected by National Fraud Initiative between 2020 and 2021 reduces to £14.5 million, almost 60 per cent lower than in previous reporting period

However, new report suggests this is due in part to staff redeployment during the Covid-19 pandemic and reducing housing benefit caseloads as claimants migrate to universal credit

5 December, 2022

Court of Appeal dismisses challenge to universal credit disabled student rules

Kays, R (On the Application Of) v Secretary of State for Work and Pensions [2022] EWCA Civ 1593

2 December, 2022

Restart Scheme will cost the government more per person than originally anticipated, and more than comparable initiatives such as the Work Programme

NAO says that the DWP should start to put in place preparations for its next employment programme now so that it can improve its scenario planning, make for a better customer experience and develop its contract management