Welfare rights news and case law

12 May, 2022

Work and Pensions Minister welcomes completion of programme to open almost 200 temporary Jobcentres across Great Britain

'Expansion' of estate follows closure of more than 100 permanent Jobcentres between 2016 and 2018

12 May, 2022

Enabling First-tier Tribunal and Upper Tribunal in Scotland to give direction prohibiting disclosure of document or information where disclosure would cause serious harm

New statutory instrument

12 May, 2022

Correction of drafting errors in regulations that made consequential amendments to social security legislation relating to introduction of adult disability payment in Scotland

New statutory instrument

11 May, 2022

First-tier Tribunal’s ignorance of fact that claimant was working in period after date of decision under appeal did not give grounds for supersession of the tribunal’s decision

BM v Secretary of State for Work and Pensions (DLA)
[2022] UKUT 101 (AAC)
UA-2020-000040-DLA & UA-2020-000041

11 May, 2022

Correction of minor errors and omissions in Scottish ‘working age’ council tax reduction regulations

New statutory instrument

11 May, 2022

President of the Scottish Tribunals appoints a new temporary President of the Social Security Chamber of the First-tier Tribunal for Scotland

Andrew Veitch replaces current Chamber President Anne Scott to take up a three year assignment from 30 May 2022

10 May, 2022

Government sets out plan for Bill to reform terminal illness provisions for claimants of disability benefits

Main focus of the Bill included in today's Queen’s Speech will be to extend the period within which death needs to reasonably be expected from six months to 12 months

10 May, 2022

Queen’s Speech confirms government plan for a new Bill of Rights to ‘end the abuse of the human rights framework and restore some common sense to our justice system’

Main elements of Bill include establishing primacy of UK case law, and ensuring that courts 'can no longer alter legislation contrary to its ordinary meaning'

10 May, 2022

EU Rights and Brexit Hub issues memo to Work and Pensions Committee on error in DWP guidance relating to rights of EU nationals with pre-settled status

Memo highlights failure to implement CJEU judgment that held that DWP must consider risk of violating an EEA national’s rights under EU Charter of Fundamental Rights before refusing application for universal credit

10 May, 2022

Exceptions to the ‘age 65 cut-off rules’ for changes to PIP entitlement that can enable a new mobility component award after a person reaches 65 years of age

SC v Secretary of State for Work and Pensions (PIP)
[2022] UKUT 97 (AAC)
UA-2020-001502-PIP

9 May, 2022

DWP confirms rollout of ‘managed migration’ of legacy benefit claimants to universal credit to begin in Bolton and Medway

Department also issues new guidance that advises those who receive a Migration Notice that 'some of your existing benefits will be ending' and that 'to continue receiving financial support you must claim universal credit'

9 May, 2022

Court of Appeal in Northern Ireland upholds High Court decision that 13 week housing benefit temporary absence rules that apply to serving prisoners do not breach human rights law

Taylor v The Department for Communities and The Department for Work and Pensions [2022] NICA 21

9 May, 2022

Government urged to increase benefit rates, as proportion of households cutting back on food or missing meals altogether jumps by 57 per cent in just three months

New Food Foundation data also highlights almost 7 million adults had smaller meals than usual last month or skipped meals because they couldn't afford or get access to food

9 May, 2022

DWP addresses confusion about when a new claim for housing benefit or pension credit can be made by a mixed-age couple

Department issues new guidance to local authorities in relation to policy that came into force from May 2019

5 May, 2022

Guidance to representatives, tribunals and the DWP on the approach to obtaining information from an abusive partner to support a claim from the person fleeing abuse when a non-molestation injunction is in place

FN v Secretary of State for Work and Pensions (UC)
[2022] UKUT 77 (AAC)
UA-2021-001182-UC

5 May, 2022

DWP commissions review of measures used to assess material deprivation

To be carried out by the Centre for Analysis of Social Exclusion, research will look at which items and activities are considered to be necessities for an acceptable standard of living in the UK today

5 May, 2022

DWP provides further details of what it expects from local authorities participating in the Housing Benefit Award Accuracy Initiative in 2022/2023

New housing benefit circular advises that participating councils will receive additional funding to undertake anti-fraud and error activities including 'Full Case Reviews' and 'Self-employed Earnings Reviews'

4 May, 2022

DWP engaging with ‘potential delivery partners’ to help it consider its strategy for providing support to universal credit claimants during 2023/2024

Key considerations include the delivery model, the channels for support, and whether funding should be via a grant or a commercial contract

4 May, 2022

DWP outlines plans to further develop its online services and claims processes for retirement, bereavement and care needs

Contract notice seeks digital suppliers to support delivery of outcomes including full automation of online pension credit applications and the introduction of online change of circumstances facilities