In the news

AUGUST 2020

Amendments finally made to DWP's safeguarding policy

Jodey Whiting, a 42 year old mother with a long history of physical and mental illness, took her own life in 2017 after she was sanctioned for failing to attend a Work Capability Assessment

CReturning to the new normal?

Although some densely-populated areas of the country have returned to lockdown, the government has already started to withdraw many of its additional COVID-19-related benefits payments and allowances as it 'returns to the new normal'.

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OVERPAYMENTS

Benefits overpayments and social fund loans have already started to be recovered (see also updated GUIDANCE below). Claimants will be informed through letters or via their UC journal. Those facing 'real financial hardship' can request a further deferral to their payment by contacting the Debt Management line on 0800 916 0647.

PIP

The DWP may already be writing to PIP claimants asking them to complete paperwork to resume PIP reviews, reassessments and renewals. If this has already been done, they may be contacted by a DWP Assessment Provider. Face to face assessments for health and disability benefits remain suspended.

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UNIVERSAL CREDIT

The government has doubled the number of new Work Coaches it is taking on to deal with the ever increasing numbers of people claiming Universal Credit (now over 5 million). DWP Minister Mims Davies has confirmed that those who cannot ‘get the help they want’ online or over the phone should make an appointment to see the Work Coach at their local JobCentre.

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ESA

There is now a requirement for medical certificates for new ESA claims received since 10th July (see also Coronavirus Touchbase in LATEST GUIDANCE below)

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RRequirement for mandatory reconsideration is unlawful

The High Court has ruled that the requirement for mandatory reconsideration in ESA cases where the claimant meets the conditions for payment while an appeal is pending is 'unlawful'

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This landmark judicial review, where Mr Connor was without payment during mandatory reconsideration for almost six months, is likely to have widesepread ramifications especially since Mr Connor has confirmed that the DWP are not going to appeal this decision. In a message to Rightsnet, he hopes that the 'welfare rights community will take up the baton and apply my case to other benefits.'

Ellen Calloo, NHS healthcare assistant, Brighton

One of Julie Bennett's paintings for the @tomcroftartist project

#portraitsfornhsheroes.

See Ellen's full story @julie_bennett on Instagram

DWP to cover bereavement costs for cohabiting couples

The government is to extend entitlement to Widowed Parents Allowance and Bereavement Support Payment to cohabiting partners with children.

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A Remedial Order, announced by DWP Minister Mims Davies, follows a Supreme Court judgment in 2018 and a High Court ruling in February 2020. Both these cases were deemed to contravene the European Convention on Human Rights, Article 14. The Order will be set before the House 'in due course'.

The Department for Work & Pensions safeguarding policy for vulnerable claimants has been coming under increasing scrutiny over recent months.

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The publication of a National Audit Office report  identified systemic weaknesses in the Department's approach to investigating and implementing changes following the suicides and deaths of vulnerable claimants who had recently been sanctioned or whose claim had been erroneously closed. This led to questions from the Work and Pensions Committee on the steps that were being taken to resolve these issues.

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In early July, Dr Coffey said the DWP's investigations into these cases would not be made public and  a Freedom of Information request about the workings of the  Department's Serious Case Panel was also rebuffed on the grounds that it was 'exempt from disclosure'.

However, permission was then given for a judicial review into the DWP's safeguarding policies by the family of Errol Graham, who had died following the closure of his ESA claim.

Maybe coincidentally, the Department has since accepted that the minutes of its Serious Case Panel should be published and agreed in an evidence session with the Committee that case conferences will be held before payments to vulnerable claimants are stopped.

PIP & WCA contracts extended

The government seems to be doing a U-turn on its Health Transformation Policy.

The policy, launched by Amber Rudd in March 2019,  originally aimed to unify and streamline the assessment processes for all the DWP health benefits, but has now been 'red rated' and described as ‘unachievable’ in the latest Infrastructure and Projects Authority Annual Report.

This, and the impact of COVID-19, has led to the government extending current contracts for PIP and Work Capability Assessments for up to another two years.

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CPAG Handbook competition

The answer to last month's competition question:

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What is the minimum amount that can be paid as Universal Credit?

Answer: 1p

Thank you to everyone who sent in a response and well done to Ashia, Amy, Tahmina and Aneta who all got the correct answer but the first name out of the  hat was Robert who works for Maggies. Congratulations! A copy of the handbook is in the post.

The last word on appeal?

What could be an important consultation affecting all benefit advice workers who support claimants at appeal is asking for submissions on the post-Brexit reform of British courts for retained EU case law.

But hurry! The deadline for submissions is 13th August 2020