Welfare rights news and case law

23 June, 2020

Miscellaneous amendments to universal credit provisions in Northern Ireland in relation to childcare, the benefit cap, and verification of housing costs

New statutory rule

23 June, 2020

Universal credit needs reform to fit ‘modern relationships and how families live their lives today’

New research from Universities of Bath and Oxford calls on government to ensure that both partners receive some income, and remedy inconsistencies in payments where wages paid at different times

23 June, 2020

DWP issues further guidance on effect of Supreme Court judgment in RR v SSWP

New edition of LA Welfare Direct lite confirms that arrears of housing benefit awarded as a result of judgment cannot be offset against any DHPs that have been paid

22 June, 2020

Court of Appeal rules that Work and Pensions Secretary acted irrationally and unlawfully by failing to adapt earned income assessment rules to account for impact on certain universal credit claimants

Secretary of State for Work And Pensions v Johnson & Ors [2020] EWCA Civ 778

22 June, 2020 Open access

Social security system has at times been ‘too inflexible and slow to adapt’ to COVID-19, say MPs

Select Committee highlights that, while focus has been on the unprecedented numbers of new universal credit claims, other issues have slipped down the list of priorities

22 June, 2020 Open access

Work and Pensions Secretary authorises spending to ensure that the DWP responds effectively to COVID-19, irrespective of the formalities of Departmental expenditure limits

Response to request from DWP Permanent Secretary recognises the 'extraordinary circumstances the country is facing'

22 June, 2020

Experience of claiming universal credit worsens or triggers health conditions for many claimants, finds National Housing Federation

However, survey highlights that responsive and helpful support services from both landlords and the DWP increases customer satisfaction

22 June, 2020

Calculation of the earnings threshold for the purpose of the benefit cap grace period in universal credit

New statutory instrument also provides for use of the Landlord Portal where a change of circumstances has occurred

22 June, 2020

Meaning of ‘spouse’ under widowed parent’s allowance rules / whether possible to reinterpret under HRA to include partner married in ceremony that is not compliant with English marriage law

AR v Secretary of State for Work and Pensions (BB)
[2020] UKUT 165 (AAC)
CG/1781/2017

19 June, 2020

DWP confirms it has undercounted universal credit full service sanction decisions for more than three years up to January 2020

Undercount is revealed after introduction of ‘improved methodology’ that added more than 100,000 decisions to previously reported figures

19 June, 2020 Open access

DWP issues guidance on how payments under CJRS and SEISS are treated for purposes of universal credit

New ADM Memo sets out treatment of payments in the assessment of income and capital

19 June, 2020 Open access

DWP issues guidance on how payments under CJRS and SEISS are treated for purposes of benefits other than universal credit

New DMG Memo sets out treatment of payments in the assessment of income and capital and advises on benefits that cannot be claimed by recipients

19 June, 2020 Open access

Treasury Committee Chair suggests temporary suspension of wages element of pensions triple lock to prevent future ‘double digit’ increase

Chair advises that Chancellor will need to address the lock by 'carefully balancing the importance of protecting older people’s income against the impact on public finances’

19 June, 2020

Miscellaneous amendments to social security claims and payments provisions

New statutory instrument includes introduction of electronic claims for maternity allowance, sure start maternity grants and funeral expenses payments

18 June, 2020

Work and Pensions Committee expresses ‘disappointment’ at DWP’s failure to follow Cabinet Office guidance in its recruitment of SSAC Chair

Seeking explanation for differences between 2018 and current recruitment process, Work and Pensions Committee Chair highlights that independence of SSAC is 'paramount'

18 June, 2020 Open access

Tribunals Judiciary confirms that there are no face to face social security hearings at present and, where an oral hearing is directed, it will probably take place as a telephone hearing

New guidance also confirms that some appeals are being determined more quickly where it leaves the appellant with no financial support

18 June, 2020 Open access

DWP ‘anticipates’ that coronavirus-related increases in universal credit will not significantly alter proportion of claimants affected by benefit cap

Response to Work and Pensions Committee says its assessment relies in part on many new claimants having a sustained employment record so they avoid the cap due to nine-month ‘grace period’

18 June, 2020 Open access

Almost two thirds of families on universal credit have been forced to borrow money since start of coronavirus crisis

Joseph Rowntree Foundation and Save the Children call for £20 per week increase to child element in light of new research which also shows that 70 per cent of families have cut back on food and other essentials

17 June, 2020 Open access

Carers UK calls for £20 per week increase in carer’s allowance to match the rise in universal credit

New research shows that almost 230,000 unpaid carers have had someone in their household go hungry during coronavirus pandemic