Welfare rights news and case law

22 July, 2021

Welsh Affairs Committee launches claimant survey as part of inquiry into benefits system in Wales

Committee says that, having issued call for written evidence when inquiry was launched in June 2021, it would now like to hear directly from people with experience of claiming benefits in Wales

21 July, 2021

New Health and Disability Green Paper marks important step to improving how the DWP helps people ‘start, stay and succeed in work’, says Minister

'Shaping Future Support' consultation represents a 'real opportunity' to deliver a more effective system that focuses on issues that disabled people and people with health conditions want to see improved

21 July, 2021

New Judicial Review and Courts Bill will equip judges with the tools to give more tailored solutions in judicial review cases, says Ministry of Justice

Government is delivering on commitment to ensure that the courts are not open to abuse and delay, says Lord Chancellor as Bill introduced in Parliament

21 July, 2021

Government decides not to go ahead with its proposal to extend SSP to those earning less than lower earnings limit

Response to 2019 consultation on reforms maintains that Covid-19 pandemic 'was not the right time' to introduce changes to the rate of SSP or its eligibility criteria

21 July, 2021 Open access

Chairs of cross-party committees in all four UK Parliaments urge UK Government to make £20 universal credit and working tax credit uplift permanent

Letter to Chancellor and Work and Pensions Secretary also calls for uplift to be extended to legacy benefits

21 July, 2021 Open access

‘No assessment has been made’ in respect of the potential effect of removing the £20 uplift, says Minister

Will Quince's response to series of written questions at odds with the DWP having said that it is not in the public interest for it to release its analysis of the impact on poverty of withdrawing the uplift

20 July, 2021

Bereaved families call on DWP to set up a full public inquiry into cases of benefit deaths and serious harm

Open letter to Work and Pensions Secretary also calls for new independent body to be established to investigate cases in the future

20 July, 2021

Digital welfare investigation uncovers widespread local authority use of algorithms that are ‘secretive, unevidenced, incredibly invasive and likely discriminatory’

Big Brother Watch calls for urgent Information Commissioner inquiry to uncover and regulate the 'Wild West of algorithms impacting our country’s poorest people'

20 July, 2021

If the DWP had made a ‘reasonable decision’ in 2005 about communicating changes to state pension age, women would have had 28 months more notice of the changes ahead

Ombudsman finds that DWP's failure to 'get it right' or 'seek continuous improvement' meant that the opportunity to give women additional time to adjust their retirement plans was lost

20 July, 2021 Open access

Social Mobility Commission calls for government to scrap two-child limit and increase benefit payments for children

Recommendation among a range of benefit reforms designed to put children at ‘centre stage’ of the government's Covid recovery programme

20 July, 2021

Extent of tribunal’s obligation to take into account Secretary of State’s changed view after making pre-hearing PIP ‘offer’, when decision under appeal remains the unrevised decision

DO v Secretary of State for Work and Pensions (PIP)
[2021] UKUT 161 (AAC)
CPIP/506/2020

20 July, 2021

Tribunal erred in failing to ensure it had before it an accurate list of work-related activities that were available for the claimant to undertake / training of universal credit staff on providing lists to tribunals not completed until July 2020

KS v Secretary of State for Work and Pensions (UC)
[2021] UKUT 132 (AAC)
CUC/1386/2020

19 July, 2021

DWP says it is ‘not in the public interest’ to release analysis it has undertaken on potential impact on poverty of withdrawing £20 uplift to universal credit and working tax credit

Following refusal of its Freedom of Information request, Poverty Alliance writes to Secretary of State urging her to sanction release of the information

19 July, 2021

DWP facing legal challenge to PIP hospital rules that remove entitlement after stays of more than 28 days

Leigh Day issues pre-action letter on behalf of severely disabled claimant, arguing that the rules breach his human rights under the European Convention on Human Rights

16 July, 2021 Open access

HMCTS outlines plans to increase capacity across courts and tribunals in England following the removal of the legal requirement for social distancing from next week

However, Acting CEO confirms that face coverings will still be required in staff, public and communal parts of all HMCTS buildings

16 July, 2021

NAO qualifies opinion on DWP accounts for 2020/2021, reporting that more claims and relaxed controls during Covid-19 pandemic have led to record £8.3 billion in overpayments

New report also confirms that DWP has set aside £1 billion to reimburse the 132,000 people who have been underpaid state pension due to 'ongoing control failings'

16 July, 2021

Amendment of Winter Fuel Payment Regulations and social security reciprocal arrangements in Northern Ireland in consequence of the UK’s exit from the EU

New statutory rule

15 July, 2021

CJEU rules that, while legislation excluding EU citizens with pre-settled status from universal credit is not contrary to EU law, competent authority must check that refusal of assistance does not infringe individual's right to human dignity

CG v The Department for Communities in Northern Ireland C‑709/20

15 July, 2021

DWP lays draft Remedial Order to extend bereavement benefits to surviving cohabiting partners with children

Department confirms that once approved by Parliament, the changes will apply retrospectively from 30 August 2018, with any backdated payments being made as lump sums