In the news

MARCH 2021

DWP to stay pre-Brexit pre-settled claim decisions

The DWP will stay (or put on hold) making decisions on claims for means-tested benefits for people with no right to reside other than pre-settled status, due to an extension granted by the Supreme Court, pending appeal.

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The DWP has been granted leave to appeal the decision in the 'Fratila' case [2020] EWCA 1741,  in which two EEA nationals had originally had their Universal Credit claims (which they had made before 31st December 2020) refused on the basis of their having no right to reside other than pre-settled status. The judicial review was won by the claimants (represented by CPAG) in December.

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The DWP has now been given leave to appeal this decision at the Supreme Court. In the mean time, any similar cases of EEA Nationals whose only right to reside is on the basis of presettled status and who made claims before 31st December 2020, will not be decided and any mandatory reconsiderations will not be made or acted upon until the appeal has been heard.

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The DWP has issued guidance on this (see also LATEST GUIDANCE below). It suggests that the Fratila judgement does not cover any similar decisions relating to claims made  after 1st January 2021 (post Brexit). However, according to  legal academics, this guidance is also contentious and may become the subject of future appeals. CPAG has now published advice on this too. Our advice before the appeal is heard is to claim anyway, keep challenging any negative decisions and book onto our Benefits for European Migrants course for updated information.

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End to 6 months benefits rule?

The government has reaffirmed its commitment to amending the 6 months benefits rule for people who are terminally ill.

The rule, which currently gives anyone with a terminal diagnosis a maximum of 6 months benefits, has been challenged most recently in parliament by Jessica Morden, Labour MP for Newport East. In response, Justin Tomlinson admitted that the government were 'absolutely commited to bringing (the changes) forward as quickly as we can'.

Rishi Sunak, Chancellor of the Exchequer, announces his budget

Safeguarding vulnerable claimants

Further evidence this month suggests that the demands of the benefits system are harmful rather than helpful to claimants' mental health.

The inquest of Philippa Day (pictured above), whose death in 2019 followed 28 failings of the DWP and Capita, has led to the Coroner producing a Report to Prevent Further Deaths.

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The family of another deceased claimant, Errol Graham, has been unsuccessful in challenging the DWP's safeguarding policies, (see RECENT CASE LAW above) yet a recent report by the All Party Parliamentary Group on Health has shown the 'devastating effect' of the 2016 Welfare Reform & Work Act on disabled people, a statement echoed in the Social Market Foundation's report, Time to Think Again.

More changes to Work Capability Assessments

New legislation has been issued to allow for telephone and online assessments of claimants of disability benefits.

In force from 25 March 2021, and confirming claims of an expanded WCA process in Touchbase, the new regulations confirm that assessements for ESA, UC, PIP and IIDB (Industrial Injuries Disablement Benefit) can take place either in person, by telephone or on video.

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Perhaps coincidentally, this latest legislation follows a recent government announcment that it will soon be continuing with its integrated assessment pilot for ESA, UC and PIP. The pilot, which had originally been launched in early 2020 but paused due to COVID-19, will continue in some areas of London from April 2021.