Our benefits news page includes the latest news with links to recent guidance & case law. Please let us know if there is anything you would like us to include next month.
In the news
DECEMBER 2020
Mass calls to retain the uplift
Although the second national lockdown has now shifted back towards a regional and local tier system, the real and longer term hardships caused by the COVID-19 pandemic may only just be emerging.
In spite of a £2.9m Restart programme announced in the recent Spending Review to help some Universal Credit claimants back to work, there is little light ahead for anyone claiming benefits after April. This has led to an open letter from the Joseph Rowntree Foundation with over 60 signatories from religious, campaigning and voluntary sector organisations pleading for the uplift to continue and be extended to those claiming legacy benefits.
Bah Humbug: COVID-19 will affect Christmas and beyond
The call comes hot on the heels of the Scottish Social Security Committee's urgent request for the UK government to retain and extend the uplift and in the wake of Caught in a (Covid) Trap, a report by the Resolution Foundation showing that 40% of people making new claims since February have seen their income drop by more than a quarter and over 50% on lower incomes are having to borrow money to cover essentials such as housing and food. In addition, The Fabian Society has suggested that returning to pre-pandemic benefits will push between one and three million people into poverty.
Secretary of State Therese Coffey has announced the benefits rates for 2021/22 but has said, to the concern of the Work & Pensions Committee Chair, that a decision on the uplift must wait until the new year. Given the government's recent confirmation that Universal Credit claims have gone up by 90% since March, it looks like it's going to be a long, hard winter for many.
BITESIZE BENEFITS
Quick links to other benefits-related news
Attendance Allowance renewal claims
The DWP has restarted its process for renewing Attendance Allowance claims which are due to expire from 8 March 2021.
No late night jobcentres....yet
The DWP has paused its plan to extend jobcentre opening hours until 8pm, according to the PCS Union.
The government is funding a £170m Winter Grant Scheme for vulnerable households in England.
The Trussell Trust have reported a 47% rise in the use of foodbanks provided to families in the first six months of the pandemic.
MPs have questioned why the increased Local Housing Allowance rates, introduced at the start of the pandemic, will be frozen in cash terms from April.
COVID, sanctions & deductions
The reality of monthly Universal Credit deductions, including sanctions, is bringing further worries to those who need the most financial help during this pandemic.
Although the government had declared that they would be softening their approach to sanctions by switching off conditionality (until August 2020), there is no sign of this continuing and ongoing concern over the mounting number of other deductions arising from forced repayment of advances provided during the five week wait before the first UC award.
Hitting people when they are already down comes too readily to mind when 36,000 people had a sanction applied to their UC in the first full month of the coronavirus pandemic - and by August 2020, 40% of UC claims were subject to deductions (excluding sanctions) .
We should perhaps acknowledge that the DWP have conceded that they will at least be contacting people who miss their telephone Work Capability Assessment interviews to establish whether they have good reason for not attending during the pandemic.
A Charlie Brown Christmas
TRAINING UPDATE
Brexit begins to bite
Will Hadwen, our lead trainer on benefits for European Economic Area citizens resident in the UK, summarises some of the forthcoming changes to benefits for EEA nationals. Please also see LATEST GUIDANCE for the DWP's version.
Things are changing for EEA nationals and benefits from New Year’s Eve.
To begin with, you might not notice much change. Existing ‘right to reside’ rules will continue for EEA nationals already living here, so you’ll need to be aware of these (you can always come on our next Benefits for EEA Nationals course for a refresher).
However, it is important to know that for extended family members (this can include unmarried partners, and most relatives other than children or grandchildren under 21 and dependent parents or grandparents), a Home Office document is needed – and this must be applied for before the end of this year! That makes 31st December 2020 an important deadline for this group. Not having this document (for non-EEA family members, this is a residence card) can mean they can’t get benefits later, even if they don’t need to claim now.
For people living here before 11pm on 31st December 2020, who have not yet applied to the EU Settlement Scheme (EUSS), existing ‘right to reside’ rules will end on 30th June 2021. They also need to have a right to reside immediately before 11pm on 31st December 2020 (this doesn’t have to be a qualifying right to reside for benefits) in order to continue to use the rules during this ‘grace period’.
It is really important that EU nationals and family members already here, including those relying on existing right to reside rules, apply to the EU Settlement Scheme in order to gain pre-settled or settled status by 30 June 2021.
People with pre-settled status will be able to use the right to reside rules beyond 30th June 2021, so you will need this knowledge for some time (pre-settled status by itself does not currently help people get benefits affected by the right to reside).
People who have settled status can claim all benefits. For EEA nationals who come to live here after 31st December 2020, a new regime will apply. Some will have no recourse to public funds, whilst others may be able to claim benefits, depending on their immigration status. There may also be people covered by agreements between different states, which could help them claim benefits. Recent course participants are welcome contact us for further advice on specific cases.
LATEST GUIDANCE
Links to recent government regulations, guidance & bulletins
DWP newsletter includes a summary of the Restart programme to help UC claimants into work; guidance on self-isolation payments; attendance allowance renewal claims and preparing UK nationals living in the EU for Brexit.
COVID restrictions in jobcentres
New guidance to jobcentre staff on new COVID-19 restrictions
Social Security (Benefits uprating) Act 2020
New legislation to bring forward the benefits uprating for 2021/22 in spite of the lack of growth between May-July 2020
Disregard of COVID019 Winter Grant Scheme in housing benefit calculations
Guidance following amendments to the Jobseekers (Back to work) Act 2013, relating to misapplied sanctions in contravention of the European Convention on Human Rights
Guidance on reallocation of monthly earnings into different UC assessment periods following the Johnson ruling.
Treasury Directions under Sections 71 & 76
New Treasury Directions covering extension of CJRS to end of March 2021.
Guidance on the implementation of social security provisions in the EU Withdrawal Agreement - to be used by DWP, HMRC and Department of Health & Social Care staff to determine eligibility for social security from 1 January 2021
PIP enhanced mobility legislation
Change to legislation restricting PIP enhanced mobility for people over state pension age on basis of medical evidence
also for N Ireland
DWP newletter includes guidance on minimum floor suspension, furlough scheme, video relay service extension and safeguarding vulnerable claimants.
Devolved nations seek cooperation on welfare
The devolved nations are calling on the UK government to work together to ensure those who are entitled to financial support are getting it.
A letter sent to Secretary of State Thérèse Coffey from Scotland's Social Security Secretary Shirley Anne Somerville alongside representatives of Wales and Northern Ireland government 'urges a joint strategy' on benefit take up and 'implores' the government to retain the Covid uplift after April. The letter demonstrates that the devolved nations are already co-operating to consider how best to support those in need.
RECENT CASE LAW
Quick links to selected recent benefits-related case law
PIP
Procedure for use of surveillance video as evidence
Published 20th November 2020
Ignored request for interpreter was a ‘procedural irregularity’
Published 9th November 2020
ESA
Discretionary trust payments are ‘voluntary’ and therefore should not affect claim
Published 10th November 2020
DLA
Amended DLA Past Presence Test breaches human rights of two disabled children
CDLA/2208/2018 & CDLA/2019/2018
Published 12th October 2020
UNIVERSAL CREDIT
Unlawful requirement for disabled students to prove limited capability for work before claiming UC (led to sudden change in the law in August 2020)
Published 6 October 2020
Minimum PIP plans put back
The government has put back its plans for a minimum award length for PIP until April 2021, according to the Office for Budget Responsibility.
The full rollout of PIP has also been delayed for a further five years until 2025, nine years behind schedule.
Scotland, Northern Ireland & Wales
Brief links to articles, reports and guidance which separately affect benefits in Scotland, Wales and/or Northern Ireland, when they differ significantly to those in England or the rest of the UK.
SCOTLAND
£100m Winter Support Fund plan announced to mitigate against COVID-19, winter cost of living increases and Brexit
Extension of Self Isolation Support Grant to new groups
Almost 6k people received Funeral Support Payment in first year
Request for discussion with Dr Coffey on gaps and overlaps in reserved and devolved powers
60,000 people to be ‘pushed into poverty’ if COVID-19 related benefit increases are withdrawn in April 2021
Child Disability Payment will be introduced Summer 2021, Adult Disability Payment in Spring 2022
SSSC joins calls for UK government to retain and extend COVID-19 benefits uplift
Just over half Fair Start participants left early in 2019/20
Royal assent for Bill amending miscellaneous social security administration
Introduction of Scottish Child Payment and appeal rights
Introduction of Child Winter Heating Assistance from 9 November
N IRELAND
One off heating payment for people on higher rate disability benefits and pension credits
Enhancements to self isolation grant
Change to legislation restricting PIP enhanced mobility for people over state pension age on basis of medical evidence
New five year strategy for Department of Communities 2020-25
WALES
£2.9m for increased demand for Council Tax Reduction scheme during COVID-19