Welfare rights news and case law

3 October, 2017

Advance payments of universal credit will be offered up-front to any claimant that needs it

Secretary of State also confirms that roll-out of universal credit will continue as planned

3 October, 2017

Open-ended pension credit claims may represent an 'unreasonable burden' on social assistance system of UK

CPC/5400/2014

3 October, 2017

Amended DLA past presence test from April 2013 does not discriminate against disabled children

CDLA/2952/2015

3 October, 2017

Grab rails constitute an aid or appliance

CPIP/3872/2016

2 October, 2017

Further roll-out of the universal credit full service

New statutory instrument provides for the expansion of the service between 4 October 2017 and 24 January 2018

2 October, 2017

Profit making companies will not be involved in carrying out disability benefit assessments in Scotland

Scottish Government also says that whoever undertakes assessments will provide a flexible service, including home visits if required

29 September, 2017

Work and Pensions Committee launches inquiry into effectiveness of PIP and ESA assessments

Committee seeks views on recommendations for change

29 September, 2017

Government announces criteria for ‘switching off’ work capability reassessments

Changes will take effect from 29 September 2017

29 September, 2017

Need to consider claimant's request for representative in complex overpayment case / right for claimant to see video surveillance evidence and know that surveillance officer had been dismissed

CDLA/922/2017

29 September, 2017

Ombudsman finds council at fault for failing to refer housing benefit appeal to the First-tier Tribunal

Local Government and Social Care Ombudsman recommends that a council should compensate the claimant and take action to refer more than 500 other delayed appeals that remain outstanding

29 September, 2017

Extended vulnerability criteria for immediate access to hardship payments following JSA sanctions

New DWP guidance

29 September, 2017

Universal credit added as a qualifying benefit for Healthy Start Scheme food and vitamins in Northern Ireland

New statutory rule also introduces an upper earnings threshold of £408 per universal credit assessment period to limit those eligible for Healthy Start vouchers

28 September, 2017

Standard of fact finding required by tribunals considering good reason for failing to attend or participate in PIP consultations

CPIP/662/2017

28 September, 2017

Evidence requirements when a local authority relies on DWP 'living together as husband and wife' decision to recover benefits

CH/539/2016

27 September, 2017

Scotland to provide ’meaningful re-dress’ if devolved benefit re-determinations are not completed within set timescales

Process will also seek to avoid unnecessary barriers that prevent timely access to a tribunal, Scottish Government says in new policy position paper

27 September, 2017

Further postponement of universal credit full service roll-out in North Kensington

Following the fire in Grenfell Tower, roll-out has been postponed a second time from 4 October 2017 to 26 September 2018

27 September, 2017

A8 derogations do not extend to Article 17 of EC Directive 2004/38 in respect of residence based upon ‘permanent incapacity to work’

CE/98/2015

26 September, 2017

Dutch invalidity benefit is sufficient evidence of incapacitation to allow a childcare element to be included in a working tax credit award

CTC/2861/2016

26 September, 2017

Evidence need not be medical to challenge a health care professional's report / absence of complaint about health care professional is not significant

CPIP/838/2017