Welfare rights news and case law

11 December, 2019

Almost a third of children in Wales are living in poverty

Despite Welsh Government action to reduce poverty, Minister highlights that its ability is limited due to austerity cuts and welfare reforms driven by UK Government

11 December, 2019

Revocation and re-enactment of regulations in Northern Ireland in relation to child maintenance benefit deductions, enforcement and write-offs

New statutory rules

10 December, 2019

Draft regulations laid in Scottish Parliament relating to the investigation of social security offences in Scotland

Minister also provides draft Code of Practice for Investigations to the Scottish Social Security Committee for its consideration

9 December, 2019

Supreme Court considers whether process used for roll-out of universal credit in Northern Ireland raises devolution issue and breaches human rights law

Preliminary hearing assesses ‘Reference’ to the Court by the Attorney General of Northern Ireland

5 December, 2019

DWP reminds local authorities to respond urgently to SDP Gateway enquiries concerning housing benefit-only claims that include SDP

Some councils are failing to provide information, causing delays in decision as to whether legacy benefit or universal credit can be claimed

5 December, 2019

Scottish Parliament calls for ‘more ambition’ from Scottish Government to tackle inequality

MSPs vote for motion following debate on fairness in Scotland that also calls for more action to improve benefit take-up and to reduce housing costs

5 December, 2019

Social security commitments in the 2019 manifestos of the Northern Ireland political parties

Election round-up

4 December, 2019

Court of Appeal decides not to exercise discretion to hear academic case on DHPs and orders claimant to pay local authority’s costs

Rehoune v London Borough of Islington
[2019] EWHC 371 (Admin)

4 December, 2019

Correct approach to assessing right to reside on basis of permanent incapacity

BL v Secretary of State for Work and Pensions (ESA)
[2019] UKUT 364 (AAC)
CSE/43/2019

3 December, 2019

Six month terminal illness benefit rule has ‘no clinical relevance’ and must be scrapped

New report from Marie Curie urges next UK Government to follow Scotland's lead to legislate for fast access to benefits for anyone diagnosed with a terminal illness

3 December, 2019

Standards required in statements of reasons / procedural fairness in considering adjournment request

DS v Secretary of State for Work and Pensions (ESA)
[2019] UKUT 347 (AAC)
CSE/303/2019

2 December, 2019

Guidance issued to employers confirms that Christmas wages paid early should be reported as though paid on the normal payday

Government advises that arrangements will 'help to protect your employees’ eligibility for universal credit'

2 December, 2019

Social Security benefit and pension up-rating for 2020/2021 announced

Minister places copy of proposed rates in the House libraries

2 December, 2019

Ceasing self-employment due to physical restraints of late stages of pregnancy and aftermath of childbirth

New DWP guidance

2 December, 2019

Department for Communities seeks to broaden existing DHP eligibility criteria in case mitigation package is not renewed beyond March 2020

However, additional provision would only be available for claimants in Northern Ireland affected by the social sector size criteria and the benefit cap

29 November, 2019

Tribunal’s inconsistent reporting of how it relied on claimant’s evidence amounts to error of law / observations on use of standard phrase ‘in particular’ in decision notices

AA v Secretary of State for Work and Pensions (PIP)
[2019] UKUT 324 (AAC)
CPIP/2901/2018

29 November, 2019

Correct approach to assessing whether two people are ‘living together as a married couple’ / reasoning required from tribunal in ‘living together’ cases

KJ v Secretary of State for Work and Pensions (IS)
[2019] UKUT 312 (AAC)
CIS/1028/2019

28 November, 2019

DWP received advance advice from ASA to remove claims from its universal credit adverts if they were not ‘a representative reflection’ of what happens in practice

To avoid being misleading, the ASA also advised that the adverts should include 'clear statements' that they were by the DWP

28 November, 2019

75 per cent of individuals referred to the Work and Health Programme have made a start on the Programme

New DWP statistics also show that 73 per cent of people starting on the Programme have a disability or health condition