Welfare rights news and case law

8 December, 2020

Scottish Government announces pilot areas for launch of Child Disability Payment

Applications to be taken in three local authority areas from summer 2021, before roll-out across Scotland from autumn 2021

8 December, 2020

Government publishes proposed benefit and state pension rates for 2021/2022

Publication follows statement on uprating from Work and Pensions Secretary on 25 November 2020

8 December, 2020 Open access

DWP deducted almost £130 million from universal credit claims in August 2020

New figures also show that more than two-thirds of deductions were taken to repay advance payments

8 December, 2020 Open access

DWP confirms that all claimants who are to have their PIP award automatically extended due to COVID-19 will receive notice of the extension by ‘early 2021’

Work and Pensions Minister also tells parliament that 'early 2021' is the planned completion date for all extension activity

8 December, 2020

Consideration of what amounts to 'late notification of expiry of entitlement' for universal credit backdating purposes, where claimant advised he could no longer claim housing benefit after moving to new local authority area

CP v Secretary of State for Work and Pensions (UC)
[2020] UKUT 309 (AAC)
CUC/0148/2020

7 December, 2020

Government launches independent review of the Human Rights Act

Review will look at whether the UK's domestic courts are being unduly drawn into areas of policy, and consider whether there is 'room for improvement' in their relationship with the European Court of Human Rights

7 December, 2020 Open access

Welsh Government’s Self-Isolation Support Scheme to be extended to parents and carers of children required to self-isolate

Applications will open via local authority websites from 14 December 2020, with scope for backdating of payments to 23 October 2020

7 December, 2020 Open access

DWP commences paper-based assessments for industrial injuries disablement benefit claims

Minister says assessments should help reduce backlog of more than 5,000 claims, that is more than double the number of claims outstanding at the start of the coronavirus outbreak in March 2020

7 December, 2020

Requirement for housing benefit claimant to be added as second respondent to an appeal brought by a landlord against decision to recover overpayment solely from the landlord

NSP v Stoke-on-Trent City Council and AT (HB)
[2020] UKUT 311 (AAC)
CH/2383/2018

4 December, 2020 Open access

Returning benefits to pre-pandemic levels will push between one and three million people into poverty

In light of new analysis, Fabian Society says that 'it is now essential that ministers put the 2020 social security increases on a permanent footing'

4 December, 2020

Commencement of Directions that authorise electronic claims for bereavement support payment

Copy of Social Security (Electronic Communications) (Amendment) (No.3) Directions 2020 placed in House of Lords library confirms they came into force on 2 December 2020

4 December, 2020

DWP confirms it plans to extend availability of online National Insurance number applications to all applicants after current trial ends in January 2021

Minister says the rollout will commence once results from the trial have been verified to meet Government Digital Standards

4 December, 2020

Upper Tribunal's consideration of whether claimant had unlawfully killed her husband and therefore whether the forfeiture rule applied to her state pension payable on the basis of his national insurance contributions

The Secretary of State for the Department of Work and Pensions v LK (RP)
[2019] UKUT 421 (AAC)
CFP/1016/2019

4 December, 2020

Changes to Scotland’s council tax reduction scheme in relation to the disregarding of specified benefits

New statutory instrument

4 December, 2020

Revaluation of pension sharing ‘debits and credits’ and ‘protected payments’ in new state pension in Northern Ireland

New statutory rules

4 December, 2020

Scottish Government confirms that it will use findings from evaluation of carer’s allowance supplement in developing its replacement for carer’s allowance

Key findings include carers' view that current carer's allowance rules inhibit taking more than small amount of part-time work, and preference for continuing to receive supplement in twice yearly lump sum

3 December, 2020 Open access

Two-child limit has been a ‘significant factor’ in women’s decision to end a pregnancy during the COVID-19 pandemic

New study from BPAS finds that financial factors played a role in most decisions, with 57 per cent of women who were aware of and likely to be affected by the two-child limit saying it impacted their choice

3 December, 2020

Department for Communities issues Directions to authorise electronic claims for bereavement support payment in Northern Ireland

Social Security (Electronic Communications) (Amendment) (No. 3) Direction (Northern Ireland) 2020 in force from 4 December 2020

3 December, 2020

Revaluation of ‘protected payments’ and pension sharing ‘debits and credits’ in the new state pension

New statutory instruments