Welfare rights news and case law

28 January, 2022

Regulations introduced in Northern Ireland to freeze local housing allowance rates for a second year at their 2020/2021 levels

New statutory rule also amends the date that any new Broad Rental Market Area determinations take effect

28 January, 2022

Increase in carer’s allowance earnings limits in Scotland

New statutory instrument

28 January, 2022

Government publishes new Concordat between the Department for Work and Pensions and the Scottish Government

Agreement establishes a framework for co-operation on all matters arising from the DWP's responsibilities which impact directly or indirectly on the functions of the Scottish Government and vice versa

27 January, 2022

Universal credit claimants to be required to widen their job search outside of their preferred sector after just four weeks of jobseeking or face sanctions if they fail to comply

New 'Way to Work' campaign aims to get half a million people 'off universal credit and into work' by the end of June 2022

27 January, 2022

DWP sets out processes it has in place to support claimants whose universal credit payment is suspended due to being assessed as a ‘high fraud risk’

Minister also confirms that support for children - including free school meals, childcare and child benefit - may be able to continue while suspension is in place

27 January, 2022 Open access

DWP confirms that Covid-19-related suspension of requirement to provide medical evidence after seven days of sickness has now ended

Updated guidance for claimants and employees advises that requirement has resumed from 27 January 2022

27 January, 2022

Exception from the requirement to accept a claimant commitment in universal credit and ESA for those with a terminal illness in Northern Ireland

New statutory rule

26 January, 2022

Government confirms continued funding for Citizens Advice and Citizens Advice Scotland to deliver the universal credit ‘Help to Claim’ service

However, Work and Pensions Minister says that those who are unable to access support through the service's telephony and digital channels will need to go to their local jobcentre

26 January, 2022

Commission on Social Security launches plan for a ‘decent social security system’

Led by a team of 'Experts by Experience', Commission's proposals include a 'guaranteed decent income', a new and more generous disability benefit, and increased child benefit rates

26 January, 2022

High Court rules that DWP’s National Disability Strategy is unlawful as consultation process failed to provide for ‘intelligent consideration and response’

Binder & Ors v Secretary of State for Work and Pensions [2022] EWHC 105 (Admin)

26 January, 2022

Almost 10 per cent of families eligible to claim child benefit opted out of receiving it in 2019/2020

Treasury figures on the High Income Child Benefit Charge also show that the policy raises more than £400 million annually in tax revenue

26 January, 2022

Scottish Government will need to deliver action at ‘a much a faster scale and pace’ in order to meet child poverty targets, says Poverty and Inequality Commission

Advice on Child Poverty Delivery Plan 2022-2026 notes that increasing Scottish child payment to £40 per week would allow interim target to be met through social security alone

26 January, 2022

Scottish Parliament’s Cross-Party Group on Poverty launches call for evidence on impact of poverty-related stigma

Inquiry launched in light of evidence that stigma created by combination of factors including media and political portrayal of those on low incomes as 'undeserving' of support

25 January, 2022

Bill to extend terminal illness provisions in social security benefits passes final stage in Northern Ireland Assembly

Minister advises MLAs that provisions to extend six month period within current definition of terminal illness to 12 months should be introduced in early April 2022

24 January, 2022

Exception from the requirement to accept a claimant commitment in universal credit and ESA for those with a terminal illness

New statutory instrument

24 January, 2022

Assessment providers now have the facility to audio record both telephone and face to face PIP consultations

However, updated DWP guidance advises that any requests for recording must be made in advance

24 January, 2022

More than 500 PIP assessments and almost 1,500 work capability assessments have been carried out under the DWP’s new Health Transformation Area initiative

Minister also confirms that the Department has started recruiting for in-house assessors to work alongside health professionals from APM Group

21 January, 2022

High Court rules that failure to compensate claimants who migrated to universal credit for loss of enhanced disability premium and child tax credit disabled child element is unlawful

R (on the application of) TP and AR (TP and AR No.3) [2022] EWHC 123 (Admin)

21 January, 2022

DWP issues guidance on the effect of the Supreme Court’s ruling in Fratila on cases that have been stayed pending its outcome

Department advises decision makers on the steps to take to review all means-tested benefit decisions and appeals affected by the ruling