Welfare rights news and case law

18 October, 2021

Any PIP claimant who requests an audio recording of their face to face assessment will be given the option of waiting for service to be implemented before their assessment takes place

Minister advises that arrangements for providing audio recording are being finalised, and will 'hopefully' be in place 'as soon as practically possible'

18 October, 2021

DWP exploring how Video Relay Service can be adapted to support remote interpreting

Minister says this will increase flexibility to conduct face to face and telephony based contact with deaf and hard of hearing people

15 October, 2021 Open access

Claimants 'can engage with confidence' with DWP requests to verify their identity by 'taking a photo of you stood next to your street sign' and of 'you holding your local newspaper dated the same day'

Department's Senior Responsible Owner for Universal Credit says that 'there’s nothing to worry about' temporary arrangements that have been 'tailored for the restrictions we are still under'

15 October, 2021 Open access

Conservative peer calls for MPs to be given chance to make ‘active choice’ on whether to ‘let the universal credit uplift die’

Plans to amend the Social Security Uprating Bill in order to force a vote in the House of Commons outlined in Lords second reading debate

15 October, 2021

New guidance issued following recent Upper Tribunal judgment in relation to the meaning of ‘funeral’ for the purposes of a funeral expenses payment

With there being no definition of a funeral within the regulations since a change in the legislation in 2018, DWP provides advice to decision makers on effect of [2021] UKUT 243 (AAC)

15 October, 2021

DWP Debt Management’s annual customer survey shows a 97 per cent satisfaction rate

However, updated annual performance data also shows that the service responded to just 59 per cent of complaints received, compared to its target response rate of 90 per cent

15 October, 2021

DWP reminds local authorities that they can use an online service to view registered lasting power of attorney details

Online access for third-party organisations such as councils can be authorised by donors or attorneys sharing their Office of the Public Guardian secure access code

14 October, 2021

Application of personal independence payment activities and descriptors to a claimant who is a ‘functioning alcoholic’

DE v Secretary of State for Work and Pensions (PIP)
[2021] UKUT 226 (AAC)
CPIP/2229/2019

14 October, 2021 Open access

Tribunal drew unfair inference that claimant had opted for paper hearing to avoid questioning when, in fact, obvious inference was that he was shielding during first Covid-19 lockdown

JS v Wirral Metropolitan Borough Council (HB)
[2021] UKUT 219 (AAC)
CH/550/2021

14 October, 2021

Just 8 per cent of universal credit claimants with the childcare element in their payments were capped at the maximum amount in the year to July 2021

However, new DWP statistics also show that in London the percentage who have their childcare payments capped rises to 23 per cent

14 October, 2021 Open access

Assessing low income for purposes of self-isolation support grant in Scotland

Scottish Government updates guidance to confirm that eligibility assessment will continue to compare income to universal credit rates as they were prior to removal of the £20 uplift

13 October, 2021

Court of Appeal holds that ‘Proof of Payment Rule’ requiring universal credit claimants to pay for childcare upfront is not unlawful

Salvato, R (On the Application Of) v The Secretary of State for Work And Pensions [2021] EWCA Civ 1482

12 October, 2021

HMCTS announces award of contract for delivery of support for people who find it difficult to access online services

Following four-year pilot, new £10 million national digital support service expected to be in place by spring 2022

12 October, 2021

For the purposes of a funeral expenses payment, a funeral is an event involving final disposal of the deceased’s body and ceremonies closely related to that in nature, time, and place

JEC v Secretary of State for Work and Pensions (SF)
[2021] UKUT 243 (AAC)
CSIS/256/2020

12 October, 2021

Lump sum advance payments of earnings cannot be disaggregated and notionally attributed to other weeks beyond the period in which they were actually paid in order to meet the first contribution condition for new-style JSA

NH v Secretary of State for Work and Pensions (JSA)
[2021] UKUT 227 (AAC)
CJSA/458/2021

12 October, 2021

Number of people claiming unemployment-related benefits decreased by more than 20 per cent in the year to August 2021

New figures also show that 15.1 per cent of those claiming unemployment benefits have evidence of work or earnings, up from 13.3 per cent in August 2020

12 October, 2021

DWP issues amending regulations to clarify that information it shares with local authorities can be used for purposes relating to housing benefit

New statutory instrument corrects an error in previous legislation

11 October, 2021

Court of Appeal rules that universal credit benefit cap earnings assessment is not irrational and unlawful in the case of a four-weekly paid claimant

Pantellerisco & Ors v The Secretary of State for Work And Pensions (Rev2) [2021] EWCA Civ 1454

11 October, 2021

DWP issues amending regulations to clarify when benefit sanctions can be escalated

New statutory instrument