Welfare rights news and case law

14 December, 2021 Open access

Number of universal credit households subject to the benefit cap remains more than twice its pre-Covid-19 level

New DWP statistics show that after rising from 59,000 to 170,000 between March 2020 and March 2021, the number of capped universal credit households had shown only a modest fall by August 2021

13 December, 2021

DWP announces additional funding of more than £500 million to improve the department’s capability and capacity to detect and deter benefit fraud

Minister says new initiatives include a targeted, systematic review of universal credit claims to uncover fraud and error and 'remove it from the system'

13 December, 2021 Open access

Video hearings should take precedence over audio hearings ‘wherever possible’ when a remote hearing is deemed suitable

HMCTS evaluation of remote hearings during the Covid-19 outbreak also finds that more can be done to widen access to more public users attending hearings remotely

13 December, 2021

Time period for re-determination of certain devolved Scottish social security assistance decisions after claimant’s request is found to be valid by a First-tier Tribunal

New statutory instrument

10 December, 2021

Disregarding payments from schemes compensating victims of historical institutional child abuse and from the Windrush Compensation Scheme in the calculation of means-tested benefits

New statutory instrument

10 December, 2021

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

New statutory instrument amends Rent Officers Orders to maintain current LHA rates into 2022/2023

10 December, 2021

DWP confirms next steps in development of a digital process for adult social care teams to exchange care home admissions and funding information

Department advises local authorities that the transfer of data in real time will help prevent unnecessary overpayments and underpayments and subsequent debt recovery action

10 December, 2021

Government sets out how it is ensuring that its welfare reforms uphold the human rights model of disability, and do not disproportionately or adversely affect the rights of people with disabilities

Updated response to report from UN Committee on the Rights of Disabled People 'shows that we are continuing to support disabled people in all aspects of everyday life', says Minister

9 December, 2021

Scottish Budget 2022/2023 commits to investment of more than £4 billion in social security and welfare payments

Government says that the most immediate and direct way to tackle poverty is by 'putting more money into the pockets of those in need'

9 December, 2021

Average end-to-end clearance time for initial ESA work capability assessments was 150 days in June 2021

While the DWP says that new figures reflect the disruptions caused by Covid-19, the median clearance time was the highest for any month since September 2015

9 December, 2021

Numbers of social security appeal receipts and disposals continue on a downward trend and are still far below 2019’s pre-Covid-19 baseline

MoJ figures also show that overturn rates at appeal hearings in favour of claimants have reduced across all main benefits, with the overturn rate for both ESA and universal credit reducing by more than 20 per cent

8 December, 2021

Secretary of State stands by decision not to publish findings from research into disabled people’s experiences of the benefits system

Dr Coffey tells Select Committe that 'it wasn't me' that cleared letter to participants confirming that findings would be published

8 December, 2021

HMCTS publishes new data strategy designed to build confidence and improve access to justice for all

Reliable, robust, and easily accessible data is key to ensuring the service lives up to the weighty responsibility of administering the court and tribunal system, Deputy Director says

8 December, 2021

‘Better delivery’ and the transfer of ‘appropriate financial support’ will be crucial to the successful devolution of benefits in Wales

Social Justice Minister advises Select Committee that Welsh Government's clear intention is to support the devolution of welfare administration to help tackle inequality and poverty and provide social security with compassion and fairness

7 December, 2021

Judicial Review and Courts Bill ‘dilutes the power of the courts to order redress and should be amended’

Joint Committee of MPs and peers says accountability must be maintained and human rights protected

7 December, 2021

Knowledge of bereavement support payment prior to bereavement is low and there is no clear, formal route for finding out about it

New DWP research also finds that while some claimants felt adequately supported by the payments, for others they did not go far enough to stop them struggling

7 December, 2021

Claimant that worked erratic hours under zero hours contract was still required to meet ‘regular employment’ condition in order to retain entitlement to reduced earnings allowance

AR v Secretary of State for Work and Pensions (II)
[2021] UKUT 279 (AAC)
CI/242/2021

6 December, 2021

Government rejects Select Committee call for it to develop a new cross-departmental strategy to tackle child poverty

Response to Committee's report instead highlights that its main approach for tackling poverty is the DWP's focus on getting people into work through the Plan for Jobs

6 December, 2021 Open access

Almost five million households claimed state support towards their rent in August 2021, up almost a fifth compared to before the Covid-19 outbreak

New analysis of DWP data from Shelter also shows that over the pandemic the number of private renters claiming support has increased by almost 40 per cent