In the news

OCTOBER 2020

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.

New £500 self isolation payments

The government has announced a new £500 payment for anyone who is on  income-related benefits and who is required to self-isolate but is unable to work from home.

The self isolation payment will be administered by local authorities with similar but slightly differing schemes announced in England, Scotland, Wales and Northern Ireland (tbc).

 

In England, the payment is aimed at those who have been required to self isolate after a positive COVID-19 test or via notification by the Test & Trace Scheme and are currently claiming Universal Credit, Working Tax Credit, income-related ESA, income-based JSA, Income Support, Housing Benefit and/or Pension Credit.

 

Each area or local authorty can also decide on a  discretionary payment to support claimants of non-income-related benefits and other lower income earners who are required to self isolate. See also SCOTLAND, N IRELAND & WALES.

Click on this video for Liam Casey's clear explanation

of the MM judgement for Benefits & Work

Self isolation payments for those not on income-related benefits are discretionary

ESA appeals before mandatory reconsideration

​The DWP has confirmed and implemented a policy change on the requirement for mandatory reconsideration following the High Court ruling in Connor [2020] EWHC 1999 (Admin).

ESA claimants will now be able to appeal, and receive ESA pending appeal (subject to the 365-day payment limit for contributory ESA cases), without submitting a mandatory reconsideration.

Claimants will need to have lodged an appeal against a decision that they are fit for work and will also have to provide medical evidence that they are not fit for work. Remember that you cannot usually be paid ESA on a repeat application, when you have previously been found to be fit for work.

There's more in  LATEST GUIDANCE below. Further information on this change to the law and all other aspects of ESA can also be found on our next Limited Capability for Work training course and  post-course access to our expert advice service.

BITESIZE BENEFITS

Quick links to other benefits-related news

​​Inquiry on Legal Aid

The Justice Committee has launched an inquiry on future need for and pressures on legal aid post-coronavirus (closes 19th October).

Stephen O'Brien is new SSAC Chair

The DWP has confirmed the appointment of Dr Stephen O'Brien as the Chair of the Social Security Advisory Commitee.

No payout for tax credits

The Secretary of State has confirmed there is not plan to compensate those on tax credits who lost out following DWP advice to move onto Universal Credit.

Lib Dems back Universal Basic Income

The Liberal Democrats have voted to campaign for a Universal Basic Income for all long-term UK residents.

Single parents jobseeking difficulties

Single parents are being 'shoe-horned' into a jobseeking regime which does not reflect their needs, according to a Gingerbread report.

Identifying PIP claimants who require social support

The government has begun a review of PIP claimants who have required social support following the Supreme Court 'MM case' [2019] UKSC 34.

 

The effects of the case are explained clearly in the video above, made by BTC trainer Liam Casey for the Benefits and Work website

Advisors should look out for cases involving people who have claimed PIP on the basis of needing social support from someone trained or experienced in assisting people to engage in social situations. The judgement ruled that social support may be given before or during an activity that requires engaging with people face-to-face. Those affected may now be eligible for the daily living component of PIP or an increase in the daily living component to the enhanced rate, potentially up to an additional £13,000.

For more direct information on this judgement, see government guidance on the case in the form of an FAQ sheet and/or book onto our next PIP course on 26/27th October.

ENDChanges to Severe Disability Premium payments

The Severe Disability Payment transitional payment will convert to a transitional element within Universal Credit this month.

 

From 8 October, people with disabilities who have been moved from legacy benefits onto Universal Credit will receive a potentially erodable transitional element within UC, rather than than the existing arrangement.

 

This will go unnoticed by many but is potentially significant to those people with disabilities who hae been forced onto Universal Credit before or since the SDP gateway was introduced.

RECENT CASE LAW

Quick links to selected recent benefits-related case law

PIP

Daily Activity 4: Need for supervision due to removal of hearing aids in the shower

CPIP/3062/2016

Published: 29th September 2020

 

UNIVERSAL CREDIT

Formula for converting weekly rent costs into a monthly value for UC is not irrational or unlawful

[2020] EWHC 2482 (Admin)

Decision date: 23rd September 2020

 

STATE PENSION

Court of Appeal rejects challenge to increase in women’s state pension age

[2020] EWCA Civ 1199

Decision date: 15th September 2020

 

TAX CREDITS

Claiming Tax Credits after death of spouse in a full-service UC area

CTC/1221/2019

Published 7th September 2020

GovGovernmentHere come the JETS

The government has launched a new Job Entry Targetted Support scheme to help find work for those left unemployed by the COVID-19 pandemic.

The JETS scheme is part of the Work & Health Programme and will support UC Claimants in the 'All Work Related Requirements' group as well as New Style JSA claimants who have been unemployed for at least 13 weeks. (See also LATEST GUIDANCE).

 LATEST GUIDANCE   

Links to recent government guidance & bulletins

COVID-19

The government's COVID-19 guidance and support has been updated to include guidance on the JETS scheme (see Here Come the JETS).

 

ADM 24/20 and DMG 21/20

Guidance following High Court ruling in CSPC/330/2019  on Right to Reside for family members of British citizens returning to the UK


Touchbase, 2nd October 2020

Round up of latest DWP announcements includes information Video Relay Service for Pension Credit and Social Fund, Winter Warm Home discounts; Brexit-prepared business webinars and a communications toolkit for the self-isolation campaign.

ADM 23/20 and DMG 20/20

Guidance on failure to attend ESA medical assessment without legal obligation, following CE/2126/2018
 

New Style ESA and COVID-19

Updated guidance on requirement for an isolation note or letter from doctor or hospital if in an area of local restrictions to prove eligibility for New Style ESA

Conversion of SDP transitional payments to UC transitional element

Updated guidance on the conversion of transitional SDP payments to a transitional element within UC from 8 October 2020. (This may also mean that this element can now be eroded or withdrawn.)

LA Welfare Direct Lite 9/20

Guidance on DHP support for claimants living in sanctuary schemes.

Guidance on PIP Activity 9 and social support

ADM 22/20 memo on administrative exercise to identify claimants affected by result of MM hearing on social support as well as updated PIP guidance on social support

 

Updated PIP guidance on additional support

See updated section 1.12 of DWP guidance for PIP claimants who require additional support with the claims process, including use of ‘additional support markers’.

 

ADM 21/20 AND DMG 19/20

Guidance on no requirement for mandatory reconsideration pending appeal (see also News story above)

LA Welfare Direct 9/20

Guidance on additional earnings disregard treatment for HB claimants

ADM 20/20 and DMG 18/20

Guidance on treatment of Test & Trace in the calculation of income-related benefits

EEmEnd of lockdown Working Tax Credit payments

From 31st October, furlough payments via the Job Retention Scheme and related Working Tax Credit awards will end for those who haven't returned to work since lockdown.

 

At the start of the COVID-19 pandemic, the government treated people who were on Working Tax Credit as though they were still working (even if they were not).

The end of this scheme may mean that many WTC claimants will soon be claiming Universal Credit.

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

Scottish Government urged to extend Scottish Child Payments using existing payment processes

 

Uprating of devolved Industrial Death Benefit to be carried out by UK government

Local authorities to proactively contact all those required to self isolate

New process for helping third party representatives with enquiries where claimants are unable to give consent

Bill supporting Scottish Child Payment unanimously passed

 

Scottish government rejects call for automatic awards of Scottish Child Payment

Scotland records largest ever increase in Council Tax Reduction recipients in first months after lockdown

Bill amendments tabled to allow for non payment and suspension of devolved benefits in prescribed circumstances

N IRELAND

Research shows most women in N Ireland do not know about the UC Contingency Fund

Upper Tribunal face to face hearings adjourned until further notice.

Communites Minister announces extension to NI Executive’s Child Poverty Strategy until 2022

Welfare mitigation schemes to continue until extension legislation

Discretionary Support Commissioner looks into variations in income threshold for different types of household

Number of NI children in absolute poverty rose by 5% in 2018/19

WALES

£500 Test & Trace scheme for those on low incomes required to self isolate

 

Senedd votes to trial Universal Basic Income system in Wales (item 6)

FOR 12 MONTHS' FREE EXPERT BENEFITS SUPPORT,  book onto one of our open courses (or book an in-house course for your organisation). Any Benefits Training Co. course attendees wanting further advice with specific cases should contact the email address on their e-certificate.

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