Welfare rights news and case law

12 March, 2019

Benefit cap should not apply to the 82 per cent of affected claimants who are not required to actively seek work, MPs recommend

Work and Pensions Committee also says cap levels must be uprated and universal credit elements for basic living costs, children and limited capability for work should not be eroded by the cap

12 March, 2019

Work and Pensions Committee 'keen to pursue further' its recommendation to remove six month time limit for terminal illness

Chair writes that he is 'perplexed' by Deparment's refusal to adopt a more flexible approach

12 March, 2019

Housing benefit subsidy limits for English and Welsh local authorities 2019/2020

New DWP guidance

11 March, 2019

Universal credit managed migration pilot to launch in North Yorkshire

Switch needs to be done carefully, says Work and Pensions Secretary, starting in Harrogate

11 March, 2019

Universal credit claimants should be paid a supplement if they consistently meet job-seeking conditions, says think tank

In addition, claimant commitment should reflect obligations of work coaches and DWP with financial compensation for non-compliance

11 March, 2019

Circumstances where guardian’s allowance uprating may be delayed or restricted

New statutory instrument

11 March, 2019

Whether PIP appeal can be pursued where sole issue of challenge is question of appropriateness or length of a fixed term award

CPIP/1057/2018

8 March, 2019

Nine out of ten NHS mental health services say benefit cuts and universal credit are causing increased demand

Survey of service leaders also finds that more than six out of ten ranked the impact of benefit changes as high, making it the most significant external factor on demand

8 March, 2019

Lifting benefit freeze would raise 200,000 people out of poverty, says JRF

New briefing also highlights that cost of lifting freeze in 2019/2020 is less than half the cost of tax cuts which favour those on higher incomes

8 March, 2019

Conditionality decisions for universal credit claimants with terminal illness normally made 'within a few days' of receiving DS1500, says DWP

Written answer to parliament also confirms that jobcentre staff can either telephone or visit claimants to help with claim and any other tasks needed to ensure correct payment

8 March, 2019

Requirement for Secretary of State to provide relevant evidence of previous PIP claims / tribunal’s failure to pick up on 'hints' that there was a previous claim

CPIP/2261/2018

8 March, 2019

Amendments to right to reside provisions as a result of recent case law and the EU Settlement Scheme

New statutory instrument

8 March, 2019

Payments made in settlement of employment tribunal case counted as earned income

CTC/648/2018

7 March, 2019

Court of Appeal rules that objective evidence is critical when deciding the ‘genuine and sufficient link’ test for disability benefits

[2019] EWCA Civ 272

7 March, 2019

Right to reside as a Zambrano carer can be based upon care of an adult as well as a child

CPIP/3334/2017

7 March, 2019

Letters issued to mixed age couples alerting them to changes to benefit rules from 15 May 2019

New DWP guidance

6 March, 2019

HMCTS extends courts and tribunals reform programme by a year

Subject to cross-government approval, programme now due to be completed by 2023

6 March, 2019

DWP is engaging with authorities responsible for passported benefits with regard to claimants owed ESA on transfer from incapacity benefit

Written answer to Parliament says this will enable Departments to understand the impacts on passported benefits they administer

6 March, 2019

Women’s Aid calls for reform of domestic violence conditionality easement

New report recommends removal of requirement for evidence of violence within last six months and extension of period without work-related requirements to 12 months