Welfare rights news and case law

20 August, 2019

Treatment of payments from a ‘liferent’ trust that also includes power to advance capital

CSE/49/2019

19 August, 2019

Centre for Social Justice calls for state pension age to be increased to 70 by 2028 and 75 by 2035

Report on UK’s ageing workforce says proposed increase must be supported by enhanced provision of healthcare, flexible working practices and training opportunities

16 August, 2019

DWP issues guidance on universal credit transitional payments for claimants previously entitled to SDP

New ADM Memo confirms circumstances in which payments should be made, amounts and decision making process

14 August, 2019

Effect of CJEU judgment in Lounes - dependent EEA family members of dual nationals can derive right to reside where dual national exercised Treaty rights prior to acquiring citizenship of host state

CUC/734/2018

13 August, 2019

Work and Pensions Committee asks whether government would change universal credit taper rate or work allowance in the case of recession

Letter to Prime Minister also asks if changes to conditionality regime would be considered in response to a material change in economic conditions

13 August, 2019

Online applications to be introduced for Disability Assistance in Scotland from next year

Giving people more choice and flexibility will encourage more people to get the money they are entitled to, says Social Security Secretary

13 August, 2019

More than 10 per cent of universal credit new claims did not receive at least some payment on time in April 2019

However, DWP statistics show that timeliness for partial payment of new claims has increased from 84 to 89 per cent in the year to April 2019

13 August, 2019

2.4 per cent of universal credit claimants subject to conditionality had a sanction applied to their benefit during May 2019

New DWP statistics also show that, in the last quarter, 94 per cent of sanctions were due to failure to attend or participate in a work-focused interview

12 August, 2019

DWP says it will not implement High Court ruling relating to assessment of earned income under universal credit while case is ongoing

However, any mandatory reconsideration claims will be noted and adjustments made, if necessary, once case is finally concluded

12 August, 2019

Best Start payment card launched in Scotland

Replacing paper vouchers will enable families to access vital support without fear of stigma, says Public Health Minister

9 August, 2019

Universal Credit Director General sets out basis for transitional payments to claimants who were previously entitled to SDP

Letter from Neil Couling to NAWRA confirms that EDP not included in calculation of claimant's income before moving to universal credit

9 August, 2019

Scottish Government rejects MSP’s call to pay housing element of universal credit to landlords by default, but is open to making changes in future

Response to Social Security Support for Housing report also says there are no plans to use Scotland Act powers to increase local housing allowance rates in universal credit

9 August, 2019

National Fraud Initiative pilot matching HMRC data to housing benefit claims reveals 21 per cent fraud and error rate

Initial pilot in ten local authorities compared benefit records with HMRC household composition and property ownership data

9 August, 2019

DWP confirms that childcare costs will be accounted for if reported up to 30 days after end of universal credit assessment period

New edition of Touchbase also reports that new universal credit claimants with children are now being advised that main carer’s bank account should be used for payments

9 August, 2019

Tribunal made insufficient findings of fact about whether claimant, who was sanctioned after refusing to confirm personal details held on Work Programme provider's computer, would have been willing to prove identity by other means

CJSA/3075/2016

8 August, 2019

Where a person has become involuntarily unemployed after less than a year, self-employed status can be retained

CUC/2714/2018

8 August, 2019

Claimant had right to reside following Supreme Court decision in Gubeladze / failure of DWP to provide accurate information about claim history to tribunal

CE/3274/2016

8 August, 2019

A tribunal's failure to consider adjustments to assist a vulnerable claimant give evidence amounted to error of law / whether reference to definition of vulnerable adult in Practice Direction is ambulatory

CPIP/1271/2018

7 August, 2019

NAWRA writes to Universal Credit Director General querying compensation paid to claimants previously entitled to an SDP

Letter highlights that additional amounts paid to claimants under managed migration regulations equate to less than two-thirds the amount lost