Welfare rights news and case law

20 March, 2023

Consequential regulations in respect of social security benefits uprating in 2023/2024

New statutory instrument

20 March, 2023

Increase in benefit cap levels from April 2023

New statutory instrument

20 March, 2023

Legal effect of Court of Appeal’s declaration in Johnson that universal credit earnings assessment rules were irrational and unlawful can apply to periods before the Court’s decision

JN v Secretary of State for Work and Pensions (UC)
[2023] UKUT 49 (AAC)
UA-2022-SCO-000030-UC
Reported as [2023] AACR 7

17 March, 2023

Government’s ‘carrot-and-stick approach’ to health and disability benefit reform will leave many sick and disabled people with the stick and the real threat of the ramping up of sanctions

While DWP Minister says that it's not the intention to force anyone to do something that is not right for them, he adds that the detail of government's proposed approach to the changes 'needs to be worked through'

17 March, 2023

Court of Appeal grants second inquest into death of Jodey Whiting

Leigh Day Law says that judgment makes it 'abundantly clear' that Coroners can and indeed sometimes should be investigating more than the immediate cause of death

17 March, 2023

Universal credit child element is not a social security family benefit for the purposes of Regulation (EC) 883/2004

Secretary of State for Work and Pensions v MS (UC)
[2023] UKUT 44 (AAC)
UA-2021-001957-UCH

17 March, 2023

Social security benefits uprating 2023/2024

New statutory instrument

17 March, 2023

Bringing rate relief provision in Northern Ireland in line with universal credit rules in preparation for managed migration

New statutory rule

16 March, 2023

OBR forecasts annual welfare spending will be almost £2 billion higher than it predicted just four months ago, due to upward revisions to health- and disability-related benefits and fraud

Independent body finds that ongoing increase in new claims for PIP and health-related universal credit has been 'compounded by an increase in the success rate of those claims, lifting flows onto these benefits further'

16 March, 2023

Around £11 million has been paid out as a result of PIP review exercise following Upper Tribunal decision relating to washing or bathing safely

In final report on administrative exercise, DWP confirms that it has made around 4,000 arrears payments amounting to around £11 million

16 March, 2023

Increase in benefit cap levels in Northern Ireland from April 2023

New statutory rule

16 March, 2023

Local authorities allocated additional funding to help improve the quality of supported housing and temporary accommodation management information

New Housing Benefit Circular confirms details of almost £5 million being provided to meet 'New Burdens' incurred by councils

16 March, 2023

Revaluation of earnings factors used to calculate additional state pension and guaranteed minimum pension in Northern Ireland

New statutory rule

15 March, 2023

Budget 2023: Chancellor announces benefit reforms to ‘remove the barriers that stop people who want to from working’

Jeremy Hunt says that while 'work is a virtue', there are currently more than seven million adults of working age who are not in employment

15 March, 2023

Government outlines plans for abolition of the universal credit work capability assessment in new Health and Disability White Paper

Under proposals, LCWRA element would be replaced with a universal credit health element for those also in receipt of PIP, alongside a new 'personalised health conditionality approach'

15 March, 2023

Extending deadline for payment of voluntary national insurance contributions to increase new state pension entitlement

New statutory instrument extends deadline from 5 April 2023 to 31 July 2023

14 March, 2023

Information Commissioner’s Office orders the DWP to disclose its research on the effectiveness of benefit sanctions

Department required to publish report within 35 days or face possible action in the High Court

14 March, 2023

Three in ten planned reviews of PIP awards in England and Wales resulted in a decreased award or disallowance in the last five years

New DWP statistics also show that 15 per cent of changes of circumstances reviews led to a disallowance or a decreased award

14 March, 2023

DWP confirms that it fully or partially waived less than twenty universal credit overpayments in the six months to January 2023

Minister says that whilst claimants are not automatically informed of their option to seek a waiver, anyone who feels they can't afford the proposed rate of recovery is encouraged to contact the department