In the news
MAY 2018
Our bitesize news page includes the latest benefits news, guidance and recent case law. Please let us know what you think and what else you'd like to see.
BENEFITS NEWSBITE
For those who don't do Twitter or Facebook: A more regularly updated section with one or two welfare-related news stories within each month's news page.
Single parents capped more
72% of benefit-capped households are single parents, according to new DWP statistics. The statistics back up recent concerns raised by Gingerbread and others over the disproportionate impact of welfare reforms on single parent families.
Latest UC rollout schedule
An updated schedule has been issued for the Universal Credit rollout. The schedule covers the period from May – July 2018 and includes areas in and around London, Liverpool, Bristol, Newcastle, Berkshire, Shropshire, Peterborough, Hampshire, Wales, Leicester, Nottingham, Suffolk, Devon, Scotland and Cumbria amongst others.
Urgent guidance to LAs on Windrush
The government has issued urgent bulletin HB U1/2018 for local authorities dealing with housing benefit claims from the ‘Windrush generation’.
Local authorities are advised to refer any such claims to a dedicated task force at the Home Office: commonwealthtaskforce@homeoffice.gsi.gov.uk to allow them to undertake any action needed. The DWP says that once the task force is informed, no further action should be taken for two weeks.
If there are any further ‘unacceptable delays’ hearing back from the Home Office, the local authority should contact the Department for Work & Pensions Housing Delivery Division hdd.strategyteam@dwp.gsi.gov.uk.
NEW CASE LAW
Quick links to other recent benefits-related case law (see also Health Case Law).
Housing Benefit
Parent's derivative right to reside depends on common period of residence while s/he was working. (EEA)
Published 11th April 2017
Can a non dependant live with an HB claimant if they normally live elsewhere (EEA)
Published 20th March 2018
Tax Credits
Does First Tier tribunal have jurisdiction if there has not been an appeal?
Published 4th April 2018
Attendance Allowance
Can a claimant with indefinite leave to remain have AA refused? (EEA)
Published 19th April 2018
Changes to 2-child limit
Secretary of State for Work & Pensions, Esther McVey, has announced that the two-child limit will no longer apply to any kinship carers or children adopted from care.
Her announcement follows a ruling by the High Court in SC & Ors v Secretary of State for Work And Pensions & Ors which found that the policy was lawful and compatible with the European Convention on Human Rights, except in the case of care-experienced children.
The change in policy also follows wider concerns raised in the End Child Poverty Coalition report last month that an estimated 640.000 families, including around two million children, would be negatively affected by the two child limit on benefits by 2020/21.
The report, Unhappy Birthday the two-child limit at one year, was backed up by 60 UK faith leaders who also called on the government to remove their two child limit policy completely.
Timetable for PIP claims review process
A timetable has been issued for the process to review PIP claims.
The review will be for anyone who has claimed PIP from 28th November 2016 and whose health condition means that psychological distress affects their ability to plan and follow a journey. This group may be eligible for more support under PIP.
The process started in Spring 2018, with the government already engaging with a range of stakeholders, including disability charities, welfare rights advisors, mental health organisations and local government.
If the timetable (which is attached to a letter about the PIP review from Esther McVey to MPs) is adhered to, the first backdated payments should be issued in Summer 2018.
April / May 2018
DWP GUIDANCE
Links to other selected new guidance and bulletins from the DWP (latest first):
PAYMENT FOR VERIFY EARNINGS SERVICE
Guidance to LAs with information on funding of Verify Earnings & Pensions Alerts Service. HB S10/2018
NEW BURDENS PAYMENTS
Guidance on New Burdens Payments as a result of changes to Universal Credit. HB S9/2018
HOUSING BENEFIT DATA MATCHING RULES
Guidance to help LAs identify incorrect Housing Benefit claims HB G4/2018
WHERE A CHILD NORMALLY LIVES
Guidance on where a child 'normally' lives for Universal Credit purposes
FRAUD IN HOUSING BENEFIT SYSTEM
Guidance on introduction of the Verify Earnings and Pensions Alerts service for detecting fraud and error HB A5/2018
Do you use QBC?
We are running two one-off open courses in London this June for advice staff and volunteers and who need training on Lisson Grove's Quick Benefits Calculator (QBC).
Calculating Benefits & Tax Credits and Calculating Universal Credit will take place on Wednesday 13th and Thursday 14th June). There is a discount for anyone wishing to attend both courses.
QBC is an effective benefits calculation software created by Lisson Grove Benefits and used widely by many advice centres and local authority welfare rights teams. Participants will have the opportunity to practise using the software during the course as well as access to our usual 12 month individual post-course support.
HEALTH CASE LAW
Quick links to recent health benefits-related case law
PIP / DLA
Should lip reading be taken into account as an accepted form of verbal communication?
Published 20th April 2018
What can enable a claimant to carry out a task safely?
Published 11th April 2018
What do 'social support' and 'established relationships' mean for PIP daily living activity 9?
Published 20th April 2018
Is 'assistance to set up a feeding line' the same as 'assistance from a therapeutic source to take nutrition'?
Published 10th & 24th April 2018
Can you fully access written information if BSL is your first language?
Published 10th April 2018
When the cumulative effect outweighs individual PIP activities
Published 10th April 2018
Should tribunal reconsider discretionary decisions on late DLA claims?
C68/17-18(DLA)
(2017) NICom &5
Relevance of DLA higher rate mobility to PIP's moving around descriptors
Published 20th March 2018
ESA
Can entitlement to ESA be backdated when claimant has been entitled to PIP at a later date?
Published 27th April 2018
What is the effect of jobseekers conditionality regarding substantial risk?
Published 20th April 2018
Is adjudication history needed when benefit refused after no change in condition?
Published 10th April 2018
Is conflict between tribunal decision notice and list of reasons an error of law?
Published 4th April 2018
PIP assessment recordings allowed
The government has agreed that recordings of PIP assessment interviews should become a standard part of the process.
The move was announced in response to the Work & Pensions Select Committee's report on PIP & ESA Assessments (Feb 2018). The DWP is currently 'exploring potential options to test the recording of assessments, including video'.
The government response also suggests that their will be a redesign of the PIP forms and the DWP will consider a suitable auditing process for assessments where a companion accompanies the claimant.
However, they have not agreed that copies of reports should be given to claimants by default nor for any review of the mandatory reconsideration process.
Find-a-Job replaces Universal Jobmatch
Universal Jobmatch will be replaced by a new Find a Job Service from 14th May 2018. Jobseeker accounts, including CVs and application history will not be transferred to the new system, so advisers should warn jobseekers to copy and save their account information before 17 June 2018.