Increased TSDPE payments for existing UC claimants have started
Added on 31st January 2025
Following a High Court ruling, the DWP introduced extra amounts into the TSDPE for certain claimants who were receiving the EDP or a Low Disable Child Element in their legacy benefits before claiming UC. The Regulations introducing these amounts came into effect on 14th February 2024 meaning all new UC claimants on or after that date should receive the higher TSDPE if they are entitled to it. However, the DWP also need to award these increased amounts to some claimants who were already on UC before these Regs came into effect. The SSWP has announced that these payments have now started in a 'controlled manner'. It is unclear which claimants are receiving these payments and how they are being calculated. Read more about the chages to the TSDPE here.
NEW ARTICLE: Managed Migration when getting C-ESA to top-up IR-ESA
Added on 22nd January 2024
Some claimants are receiving both IR-ESA and Contributory ESA. As they are receiving IR-ESA, they will receive a Migration Notice and will need to make a claim for UC. But their C-ESA can continue as New-Style ESA. This article explores how Managed Migration will work for these claimants.
CLICK HEREto read the article
Change to APAs and rent deductions in UC?
Added on 29th January 2025
The High Court has ruled that the current process for APA managed payments and deductions from UC for rent arrears is unlawful. This is because direct payments to the landlord and deduction can be taken without consulting the claimant. In the case in front of the Court the claimant was in a rent dispute with their landlord over the habitability of the property. The DWP have clarified to stakeholders that they are working on bringing the process in line with the ruling and that this will involve giving claimants the opportunity to object before the APA / deduction starts and considering this as part of the best interest test. They have also clarified that this will only apply to new applications. Find the judgement here.
Payments from MOD's LGBT Financial Recognition Scheme disregarded for means-tested benefits
The Ministry of Defence will make payments to some veterans who were either dismissed from the military based on their actual or perceived sexual orientation or gender identity, or who suffered mental or physical harm due to this discrimination. Any payments made under this scheme will be disregarded as income and capital indefinitely when entitled to means-tested benefits is calculated. More on the LGBT Compensation scheme here.
NEW ARTICLE: New UC rules resolve longstanding problem for some Mixed Aged Couples
Added on 16th January 2025
Amending Regulations fix a longstanding issue for couples who claim UC after their IR-ESA on becoming a Mixed Age Couple and some claimants could benefit from delaying their claim until the Regs kick in.
PIP Caselaw: Bone anchored hearing aid is an aid
Added on 16th December 2024
The claimant in this case relied on a bone anchored hearing aid to hear. Initially they were not given any points for Daily Living activity 7 (communicating verbally) because the DWP and First-tier Tribunal felt that the hearing aid was an implant and therefore he did not need an 'aid'. However, the Upper Tribunal decided that the bone anchored hearing aid was an aid (and so the claimant could get 2 points on this activity) as it would not work without a detachable external piece. See our page on this PIP descriptor here or see the judgement here.
Waiver of recovery of previous hardship payments
Added on 4th November 2024
The DWP has the discretion to waive recovery of hardship payments (given to some claimants whose UC is being reduced due to a sanction or fraud penalty). However, before 2021 (and a successful Judicial Review), the DWP were refusing to waive their recovery. Following the JR, the DWP opened a scheme to allow claimants who had asked for recovery to be waived or the repayment rate changed to have their request reconsidered. The DWP have reopened the scheme from 4th November 2024 to 4th May 2025. Find out more about repaying hardship payments here.
New UC process for those approaching State Pension age
Added on 10th October 2024
In the latest LA Welfare Direct, the DWP have announced a new process for UC claimants who are approaching State Pension age. Claimants will receive an automated journal entry at the end of the Monthly Assessment Period in which they turn 65 and 8 months outlining what they will need to do - including claiming State Pension. Then, if they are single or the youngest member of a couple, their UC claim should automatically close at the end of the MAP in which they turn State Pension age. See the LA Welfare Direct here.
Household Support Fund Extended
Added on 3rd September 2024
The government has announced that the Household Support Fund will be extended to April 2025 with £421 million for England and £79 million for the devolved administrations. They have said that they will release more information in the coming weeks. Find out more about the Household Support Fund here and see the statement here.
94% of UC Sanctions for Failure to Attend Interview
Added on 14th August 2024
New DWP statistics reveal that in 2023/24 94% of sanctions given to UC claimants were given for failure to attend a Work Focussed Interview. This is a continuing trend on UC. Where a claimant has been sanctioned, they can challenge this decision if they had good reason for not attending the WFI or were not proplery informed that not attending would result in a sanction. Find out more about sanctions here.
Winter Fuel Allowance Entitlement Changed
Added on 30th July 2024
Rachel Reeves has announced that from 2024/25 Winter Fuel Allowance will only be paid to pensioners receiving a means-tested benefit (e.g., Pension Credit, Universal Credit etc). She also said that the government will look to bring forward the combining of Pension Credit and State Pension age Housing Benefit as they believe that this will help increase uptake of Pension Credit. This was set to begin in 2028.
NEW BRIEFING: State Pension Age Tax Credit Claimants - What's Happening?
Added on 22nd July 2024
No claimants can remain on Tax Credits past April 2025 - so any claimants currently receiving them need to be moved on to a different benefit. For working age claimants, this will be Universal Credit. But what about pensioners?
NEW ARTICLE: UC Claimant Turning State Pension Age?
Added on 11th July 2024
Universal Credit is a working age benefit so what happens when someone who is claiming it turns State Pension age? This article highlights what can go wrong.
Rollout of Scottish Carer Support Payment continues
Added on 30th June 2024
Since November 2023, new claims made in Dundee City, Perth and Kinross, and the Na h’Eileanan Siar (Western Isles) will have been for Carer Support Payment rather than Carers Allowance. New Regulations lay out the new areas in which claims will start to be made for CSP. These are
NEW ARTICLE: Summary of proposed Social Security changes
Added on 24th June 2024
The main political parties have released their manifestos ahead of the 2024 General Election. This is a summary of the main proposals to alter the welfare benefits system.
Arrears of PIP Mobility for some Pension Age Claimants
Added on 24th May 2024
The DWP will pay benefit arrears to certain claimants who were wrongly told they were not entitled to an increase in their Personal Independence Payments (PIP) after State Pension age. This loophole in the regulations is now closed, but anyone of State Pension age getting Standard Rate Mobility who had their PIP reviewed between 8 April 2013 and 29 November 2020 should check if they meet all of the circumstances listed here. If they do they should contact PIP to ask if they are entitled to arrears of the Enhanced Rate Mobility component.
Administrative Earnings Threshold to Increase
Added on 25th April 2024
For claimants in the All Work-Related Requirements Group on UC how their earnings compare to the AET determines if they are in 'light touch' or 'intensive work search' regime. The AET will increase from 13th May to £892 a month for single claimants (equivalent to working 18 hours a week at NMW) and £1,437 a month for couples (equivalent to working 29 hours a week at NMW). For more on earnings thresholds, click here.
Scottish Disability Benefit for Pensioners will be Piloted from October 2024.
Added on 17th April 2024
The Socttish Government as announced that from 21st October 2024, the Scottish equivalent of Attendance Allowance will be piloted in Argyll & Bute, Highland, Aberdeen City, Orkney and Shetland. This means that anyone of State Pension age who would have made a new claim for Attendance Allowance in these areas, will make a claim for Pension Age Disability Benefit instead. They expect to rollout the benefit out in 13 further Local Authority areas from 24th March 2025 with the benefit becoming available across the whole country by 22nd April 2025.
There are around 150,000 AA claimants who will have their awards automatically transferred to the new benefit from early 2025.
Upper Tribunal decision on erosion of the Transitional SDP Element
Added on 18th March 2024
In this case, a woman who was receiving a Transitional SDP Element in her UC challenged the fact that it was 'eroded' when she moved out of 'specified' accommodation into general needs. Whilst in 'specified' accommodation, she received HB to help pay her rent so after moving out she had a Housing Costs Element added to her UC - which 'eroded' her TSDPE. The Upper Tribunal found that this was unlawful discrimination. We are developing an article on what this means for claimants. Click here for the UT decision on erosion.
Transfer to Scottish Carer Support Payment has started
Added on 15th March 2024
Claimants in Scotland who are receiving Carer's Allowance will start to be transferred to Carer Support Payment (the Scottish equivalent). New claimants in areas of Scotland will also be making claims for CSP rather than CA. The eligibility rules are broadly the same.
Surplus earnings threshold remains at £2,500 for a further 12 months
Added on 1st March 2024
The DWP have announced that the surplus earnings threshold will remain at £2,500 until 31st March 2025. It was temporarily increased from £300 in 2018 but has remained at £2,500 ever since. Click here to find out more about surplus earnings.
Missed out on NI Credits when caring for children?
Added on 28th February 2024
Some claimants have missed out on NI credits because their Child Benefit claims were not associated with the NI records before the year 2000. HMRC have begun writing to claimants who could be underpaid the State Pension because of this. They estimate that the underpayments will amount to £1.3 billion across 210,000 claimants.
Another group of people missed out on claiming Child Benefit and so didn't get the associated NI credits. The government is planning to legislate for a new route to claim NI credits - but this will not be available until April 2026 as this is how long it will take to implement the IT system.
Changes to Statutory Paternity Pay
Added on 7th February 2024
New Regulations relax a lot of the rules regarding entitlement to Statutory Paternity Pay and Leave to make it easier to claim. The relaxed rules will apply for children whose expected week of birth beings after 6th April 2024 or who are expected to be placed for adoption on or after 6th April 2024. See the SSP explanatory memorandum here.
Vulnerable Claimants will not have Claim Closed due to Sanction
Added on 23rd January 2024
In the Autumn Statement the DWP announced that they would be closing the UC accounts of claimants who are only entitled to the Standard Allowance and who have disengaged from the Jobcentre for 6 months. The DWP have said that they are developing a process to ensure that claimants who have developed a vulnerability over these 6 months will not have their claim closed.
They have also confirmed that the loss passported benefits (e.g., free prescriptions) mentioned in the policy will be the result of the loss of UC so if the claimant continues to be entitled to them for a different reason (e.g., due a health condition), they will continue to receive them.
Increasing TSDPE for Existing UC Claimants is Delayed
Added on 16th January 2024
Regulations that come into force on 14th January 2024 legislate for an increase to the Transitional SDP Element for UC claimants who were entitled to a Disability Premium, Enhanced Disability Premium, or Disabled Child Premium / Element in a 'legacy' benefit before claiming UC.
The Regs say that it up to the Secretary of State when and how to manage the increase for claimants who are already on UC on the 14th February 2024. The DWP have told stakeholders that this will not happen in February 2024.
New claims for UC (made on or after 14th February 2024) will include a higher TSDPE if the claimant is entitled to it as planned.
Next Cost of Living Payments Announced
Added on 21st December 2023
The DWP have announced that the next cost of living payments will be paid between 6th and 22nd February 2024. To be entitled to the payment of £299, claimants must have been in receipt of a qualifying benefit between 13th November and 12th December 2023. Click here for more on Cost of Living payments.
NEW ARTICLE: Increase to the Amount of TSDPE from Feb 24
Added on 29th November 2023
New legislation in force from 14th February 2024 introduces increases to the TSDPE for certain claimants. A High Court decision in Jan 2022 found that the DWP were not adequately compensating claimants receiving the SDP. This article looks at what the additions are and who will be entitled to them.
Averaging earnings for Carer's Allowance
Added on 17th November 2023
The claimant in this case was on a zero hours contract and did not have regular earnings. When calculating her entitlement to CA the DWP looked at their earnings each week and so they were not entitled to it in some weeks when they received a higher income. The claimant challenged this, arguing that their earnings should be averaged - which would mean she was entitled to CA in all weeks. The Upper Tribunal agreed with the claimant and stated that where a claimant as earnings that fluctuate and this is not a 'blip', their earnings can be averaged. Click here for caselaw on averaging earnings in CA
Increases to conditionality for parents of 3-12-year-olds
Added on 27th October 2023
Parents of 3-12-year-olds who are in the All Work-Related Requirements group on UC will now be expected to spend up to 30 hours a week working or looking for work - although this can be reduced at the discretion of the Work Coach. Previously, the main carer of a 3-year-old was only expected to spend 16 hours a week looking for work. This increased to 25 hours when the child was 5. Click here to learn more about the All Work-Related Requirements group.
Benefits for people fleeing Israel, Palestine and Lebanon
A new statutory instrument exempts people who were residing in Israel, Palestine or Lebanon immediately before 7th October 2023 and who left in connection with the attach on 7th October or following violence from having to satisfy the habitual residence test or past presence test. A second statutory instrument enables LAs to provide housing and homelessness assistance to these individuals.
December areas for Managed Migration announced
Added on 24th October 2023
The DWP have announced that Migration Notices will start to be sent in Berkshire, Buckinghamshire and Oxfordshire in December 2023. They also confirmed that they are on track to roll out Managed Migration across all Jobcentre Plus areas by the end of the financial year. Click here to find out more about the Managed Migration timetable.
Bereavement Support Payment when deceased partner was severely disabled
Added on 23rd October 2023
The Court of Appeal have agreed with decision in the High Court and Northern Ireland Court of Appeal that the NI contribution conditions of BSP are discriminatory against those who are severely disabled and unable to work. For a surviving partner to be entitled to BSP, their partner needs to have actually paid National Insurance contributions in at least one tax year. Two very similar cases (one in England and one in Northern Ireland) argued that this was discriminatory against severely disabled individuals who are unable to work throughout their life. Both Courts of Appeal have now found that it is. For the COA decision on BSP click here and for more on BSP click here
Youth Offer extended to all UC claimants aged 16-24
Added on 27th September 2023
The youth offer was previously only available to young claimants on UC in the intensive work search regime but it is now available to all UC claimants aged between 16-24 regardless of their conditionality group. The youth offer provide extra support to young people looking for a job. Find out more about the youth offer here.
DWP not sharing information with HMRC is not official error
Added on 22nd September 2023
The Upper Tribunal found that there is no legal requirement for the DWP to share information about claimants with HMRC so it does not amount to an official error if they failed to do so. In this case, the claimant was awarded DLA for her child in 2010 but only had the Disabled Child Element added to her CTC award in 2016 when the DWP informed HMRC of the DLA as part of an information sharing exercise. The Upper Tribunal found that this was correct. The claimant argued that she had informed HMRC of the DLA when it was awarded but there was no evidence of this and it was ignored. For the full decision on data sharing click here.
Second Cost of Living Payments 2023/24
Added on 26th September 2023
The qualifying period for the second Cost of Living Payments for 2023/24 is 18th August - 17th September 2023. Where a claimant was entitled to a payment of UC, IR-ESA, IS, IB-JSA, PC or Tax Credits between these dates, they will receive a £300 Cost of Living Payment paid between 31st October and 19th November 2023.
Religious Beliefs Could Stop Claimants From Taking 'Reasonable Steps' to Secure Student Loan
Added on 6th September 2023
The HB Regulations state that where a student could acquire a student loan by taking 'reasonable steps', their entitlement to Housing Benefit should be calculated as though they are receiving the loan - even if they have chosen not claim it. A previous First-tier Tribunal decision stated that this was the case even if the claimant's personal circumstances prevent them from applying for the loan. However, a devout Muslim student argued that his religion prevents him from taking a loan (because it is considered a sin to pay interest). The Upper Tribunal declined to follow the previous FtT decision and decided that the claimant's personal circumstances were relevant to whether they could take 'reasonable steps' to acquire the student loan. Consequently, the student's HB entitlement should be worked out ignoring the student loan.
State Pension Correction Exercise
Added on 31st August 2023
From August 2023, HMRC will contact an estimated 210,000 people and invite them to correct errors in their National Insurance records which would cause them State Pension underpayments. This will affect those wo claimed Child Benefit before May 2000 as before that date claimants were not required to provide their NINo when claiming Child Benefit, and so may not have been credited with the correct number of years of Home Responsibilities Protection.
This could potentially cause overpayments of Pension Credit and means-tested benefits. However, we would expect that such overpayments will not be recoverable as they were not cause by the claimant's misrepresentation or failure to disclose relevant information.
Two Child Limit - Natural children always considered in age order
Added on 8th August 2023
The Upper Tribunal has ruled that there is no legal reason for ignoring the Regulation which requires the DWP to consider natural children in age order when applying the Two Child Limit. The claimant argued that the children should be considered in the order they joined the family after the UC claim was made (because her eldest child was returned to the family from LA care shortly after she had her third child and could have been exempt from the Two Child Limit). In this case, the Judge recognised that the claimant could have success with a Judicial Review challenge of the decision to apply the Two Child Limit in this way.
New Managed Migration Areas and Discovery Phase
Added on 26th July 2023
The DWP have announce the areas in which Managed Migration will begin in September. They are East Scotland, Cumbria, Lancashire, South West Wales, Essex, Lincolnshire, Nottinghamshire, Rutland, Dorset, Wiltshire, Hampshire and Isle of Wight. They also announced that from September they would start bringing other claimants into the Managed Migration process and would be sending approximately 2,000 Notices to claimants receiving different benefit combinations (i.e. claimants receiving Housing Benefit, Income Support, Income-Based JSA and those on Income-Related ESA and Tax Credits.). Click here for more information on the Managed Migration timetable.
Light Touch Reviews of PIP will use Simplified Forms
Added on 19th July 2023
The DWP is preparing to start 'light touch' reviews of 10 year PIP awards (PIP was introduced in 2013). They have said that they will use a simplified form focusing on how a claimant's abilities have changed. In most cases an assessment with a health professional will not be required unless there has been a change in circumstances.
30,000 Migration Notices Sent this Month
Added on 6th July 2023
According to Neil Couling, 30,000 Migration Notices were sent this month - up from 1,000 a month ago. The DWP are hoping to get this up to 80,000 by the end of the year.
Managed Migration Plans - timetable and couples
Added on 20th June 2023
A letter to Neil Couling published has been published confirming that he's still in charge of Managed Migration. It also states that the DWP expect all claimants on Tax Credits, Income-Based JSA, and Income Support, as well as HB-only claimants to be moved onto UC by the end of 2024/25. Additionally, our understanding is that only a very small number of Migration Notices will be sent to couples in the next couple of months as the process is in a 'discovery phase'.
New UC Regulations Making Amendments
Added on 19th May 2023
New Regulations have been issued that make miscellaneous minor amendments to UC legislation to correct errors and clarify policy intent. Specifically, the amendments include: making it clear that claimants who are already determined to have a LCW do not need to serve the 3-month relevant period before the LCWRA Element is awarded; clarifying that the maximum period of one month backdating in UC is based on the length of an assessment period, with the date of claim becoming the last day of the first assessment period.
Scottish Carer's Allowance Supplement Eligibility
Added on 12th April 2023
Claimants living in Scotland and receiving Carer's Allowance on 10th April and/or 9th October will be entitled to payments of £270.50. Payment dates will be announced later in the year but Social Security Scotland will write to people in advance so they know to expect the payment.
Changes to SMI Loans (new Regs)
Added on 3rd April 2023
New Regulations mean that claimants will be able to apply for an SMI loan after being on UC for three consecutive months. Additionally, the zero earnings rule has been removed - meaning UC claimants with earnings will be able to apply for an SMI loan. The new Regs also removed the need to serve a new qualifying period for claimants who reclaim UC within 6 months of an award ending, reclaim a legacy benefit within 52 weeks of an award ending, and Mixed Age Couples if the older member was receiving receiving SMI payments in Pension Credit within a month of their joint UC entitlement starting.
Uprating of benefits in April 2023
Added on 20th March 2023
The Administrative Earnings Threshold has increased
Added on 30th January 2023
120,000 claimants in the All-Work Related Requirements group will be moved from the 'Light Tough Regime' to the 'Intensive Work-Search Regime' meaning they need to look for more / better paying work based on their earnings.
For more on the threshold, click here.
New Regs: LHA Rates frozen for 2025/26
Added on 9th January 2025
As expected, new Regulations have been laid to keep Local Housing Allowance rates at the current level for 2025/26.
£100 Winter Fuel Payment for Pensioners in Northern Ireland
Added on 20th November 2024
The Communities Minister has announced that a £100 payment will be paid to pensioners who will not get the Winter Fuel Payment this year due to the change in rules (i.e., those who are the correct age but not receiving a means-tested benefit). They hope that the payment can be made by March 2025. Payment will be automatic. See the WFP announcement here.
Scottish Pension Age Disability Benefit rolled out in five areas
Pension Age Disability Benefit is being rolled out in place of Attendance Allowance in five Local Authority Areas - Argyll & Bute, Highland, Aberdeen City, Orkney and Shetland. Pensioners living in these areas can now make applications for this benefit instead of Attendance Allowance. The current aim is to have the benefit rolled out for all new claimants across Scotland from 22nd April 2025. Click here for more from Social Security Scotland.
Autumn Budget 2024
Added on 1st November 2024
The Autumn Budget included some interesting things with regards to benefits. The headlines being an increase to the earnings limit for Carer's Allowance from April 2025, and a reduction in the maximum amount of a UC claimant's Standard Allowance that can be taken to pay off any debts. We will have a full article about the Budget soon.
Northern Ireland will Means-Test Winter Fuel Payment
The Northern Ireland Assembly has announced that it will be forced to follow the rest of the UK and only give Winter Fuel Payment to those who are receiving a qualifying benefit. Find out more about Winter Fuel Payment here and see the statement here.
Tax Credit Closure Notices Being Sent
Added on 15th August 2024
The DWP have confirmed that they have started sending out Tax Credit Closure Notices to State Pension age claimants on Tax Credits. The Notice tells them that their Tax Credits will be brought to and they can either stay on, or make a new claim for, Pension Credit. Some pensioners will be sent Migration Notices from September and invited to claim UC. Find out more about what will happen to pensioners on Tax Credits here.
Third of Tax-Credit-only Claimants Fail to Claim UC
Added on 13th August 2024
According to the latest statistics published by the DWP, 32% of Tax Credit-only claimants who were sent a Migration Notice failed to claim Universal Credit before their Final Deadline Day (i.e., their Tax Credits have ended and if they claim UC there will be a gap in entitlements and they will not be entitled to Transitional Protection). The statistics only run up to June 2024 so it is not yet clear how many other legacy benefit claimants are failing to claim UC by their Final Deadline Day. For the DWP's report click here or for more on the deadlines involved in Managed Migration click here.
NEW ARTICLE: New Guidance for Some with Pre-Settled Status
Added on 24th July 2024
Following a decision in the Court of Appeal that the DWP cannot refuse UC to some claimants with Pre-Settled Status if this will leave them destitute. The DWP have produced some new guidance. What does it mean?
NEW BRIEFING: Calculating the Transitional Element
Added on 3rd July 2024
Some claimants who are manage migrated onto Universal Credit will be entitled to a Transitional Element to ensure they are not made financially worse off by the move. However, calculating their entitlement to the Transitional Element is not as simple as looking at their normal entitlements. This briefing looks in detail at how the Element is calculated.
New Guidance: EU Nationals with
Pre-Settled Status and Destitution
In November 2023, the Court of Appeal it was unlawful for the DWP to not award an EEA National with Pre-Settled Status UC as this would leave her destitute and violated Rights she had as an EEA national who came 'under the scope of the Withdrawal Agreement.' The DWP applied for permission to appeal this decision but it was refused in February 2024 and so must be implemented. Consequently, the DWP have released new Guidance. Where an EEA National comes under the scope of the Withdrawal Agreement and has Pre-Settled Status but not a Right to Reside that would normally entitle them to UC, the DWP should consider whether not awarding them UC will leave them in a position of 'extreme material poverty incompatible with human dignity.' Click here for the ADM Memo on the AT decision and Click here for more information on claiming UC with Pre-Settled Status.
New Regs: Protection for Mixed Age Couples in Managed Migration
Added on 14th May 2024
New Regulations that come into effect on 8th June all 'protected' Mixed Aged Couples to retain their 'protection' even if they claim UC after receiving a Migration Notice. Mixed Age Couples are only able to make claims for Pension Credit and Pension Age HB if they are 'protected'. Some 'protected' MACs will receive Migration Notices and be encouraged to claim UC (i.e., because they are receiving Working Tax Credit). These new Regulations ensure that receiving a Migration Notice and claiming UC will not end their 'protection' as long as they claim within the necessary time limits. For more on 'protected' MACs click here. Or click here to see the new Regs.
Managed Migration of IR-ESA Brought Forward
Rishi Sunak has announced that the DWP will bring forward the transition of claimants on IR-ESA onto UC. The DWP were not planning on sending Migration Notices to claimants receiving IR-ESA without Tax Credits until 2028/29. However, Neil Couling has confirmed that the DWP now plan on having sent out all Migration Notices by the end of December 2025. It is understood that claimants receiving IR-ESA (or IR-ESA and HB) will start to receiving Migration Notices later in 2024. Claimants who are receiving IR-ESA and Tax Credits (and HB) are expected to receive Migration Notices between July and September 2024. To learn more about the roll out of Managed Migration click here.
New groups of claimants receiving Migration Notices.
Added on 16th April 2024
Claimants receiving Income Support and those receiving Housing Benefit and Tax Credits (with no IR-ESA or IB-JSA) will start receiving their Migration Notices. The Managed Migration rollout is now progressing by benefit type rather than area. For more on the rollout, click here.
Amendments to Legislation
New Regulations have been issued that make some important changes to social security legislation.
Spring Budget 2024: Household Support Fund, Child Benefit and UC Advances
Added on 7th March 2024
There were a few announcements in the Spring Budget to be aware of -
The Household Support Fund has been extended by 6 months to September 2024
The High Income Child Benefit Charge threshold is increasing from £50,000 to £60,000 and the will be halved - meaning entitlement to Child Benefit ends at £80,000.
From December 2024, new UC Budgeting Advances that are taken can be paid back over 24 months (rather than 12).
There will be increased capacity to help process disability benefit benefit claims from 2024-5 but no further information has been given.
ESA Caselaw: Reporting intention to draw pension is not enough
In this case, the claimant reported to the ESA Dept that he intended to retire and would start to draw his occupational pension but he did not follow this up when he actually started receiving it. This meant he was overpaid ESA and the DWP wanted to recover this. The Upper Tribunal decided that the claimant had clearly been informed (via leaflet) that he needed to report when he started getting pension income. As he had not done so, the overpayment is recoverable - even though, had they checked the RTI system the DWP would have been able to see that he was receiving a pension. Click here for the ESA caselaw.
NEW ARTICLE: Managed Migration: April Uprating and timing of the claim
Added on 22nd February 2024
Legacy benefit claimants who have received their Managed Migration Notice should think carefully about the timing of their UC claim. The exact date on which they make their claim can have a big impact on the amount of their UC going forward, when they receive their UC payments and also when they have to report things like childcare costs and self-employed earnings.
Here we are looking at how that decision may be impacted by the April benefit uprating.
UC Claimants Cannot Verify ID using Government Gateway
Added on 29th January 2024
When a new UC claimant verifies their ID, they will no longer be given the option of logging into their Government Gateway account. To verify their ID they can use things like their recent payslips, a valid UK passport etc.
Some Claimants Underpaid New-Style JSA
Some claimant who claimed NS-JSA between 19 March 2020 and 19 November 2022 could have been underpaid due to an error in how the DWP treated pensions that had been inherited from someone who had died ie they treated them the same as other pensions which can reduce NS-JSA of over £50 when they should have been ignored all together.
The DWP are trying to contact anyone who they think could have been affected and claimants can contact the DWP if they think it applies to them - they should be paid what they missed out on. Click here for more on missing NS-JSA from gov.uk.
New Caselaw: Revision can be Based on Information Not Known at Time of Decision
Added on 11th January 2024
In this case, the DWP initially awarded the claimant (an EEA National) UC based on her having Worker Status. They later revised this decision as the company she was working for was believed to be a shell company. Evidence that this was correct was produced after the DWP made the decision that the claimant was not entitled to UC. The Upper Tribunal ruled that it did not matter that the evidence of it being a shell company was not available when the DWP made their decision as it was relating to the time the decision was made. Click here for the decision.
NEW ARTICLE: Changes to MIF for Some Claimants
Added on 3rd January 2024
For some self-employed UC claimants, the level of the Minimum Income Floor that's applicable to their UC claim will increase from January 2024. This could mean a higher assumed income and therefore a lower UC award even though their earnings have not changed.
New Areas for Managed Migration
Added on 28th November 2023
The DWP have confirmed that in January 2024 Migration Notices will start being sent in Tyne and Wear, Leicester and Northamptonshire, and Devon. Then in February Notices will start being sent in Northern and Northeast Scotland, Merseyside, South Yorkshire, North and Mid Wales, Birmingham and Solihull, Mercia, Bedfordshire and Hertfordshire, West London, and Surrey and Sussex. Finally, in March Notices will start being sent in the Black Country.For more on the roll-out of Managed Migration, click here.
NEW ARTICLE: Autumn Statement - Benefit Changes
On 22nd Nov the Chancellor of the Exchequer, Jeremy Hunt MP, delivered his Autumn Statement, laying out the UK government's financial priorities for the immediate and longer-term future. This article looks at the changes relevant to people working with benefit claimants.
Welsh support for homeowners at risk of repossession
The Welsh Government have announced a new mortgage support scheme to help homeowners at risk of repossession. It is available to those whose property is valued at £300,000 or less and who have a total household income of less than £67,000pa. Find out more about the Welsh mortgage scheme here.
Removal of the Child Benefit 'living in the UK' test
Previously, a claimant needed to be living in the UK for three months before they could be entitled to Child Benefit but the government were planning on simplifying this process. They have brought this forward in light of the situation in Israel and Palestine - to avoid needing to legislate twice to help people fleeing these areas. If a claimant is able to claim Child Benefit (i.e., they are not excluded based on their immigration status), they can claim even if they have just arrived in the UK. Click here for more on Child Benefit.
NEW BRIEFING: Managed Migration for Self-employed Tax Credit Claimants
We have published a new briefing all about how Managed Migration will work for self-employed Tax Credit claimants. Check out the briefing on managed migration for TC claimants.
Leaflet being sent to ALL Tax Credit claimants
Added on 22nd October 2023
Tax Credit claimants are being sent a leaflet advising them to 'get ready for UC'. These are NOT Managed Migration leaflets and it's important that claimants understand this as they could lose out if they claim UC too soon. Find out more about the 'get ready for UC' leaflets here
From 16th October 2023, Tax Credit-only claimants in Northern Ireland will begin to receive Migration Notices (seems to be whole of the country not specific areas).
From November 2023, Managed Migration will start in South West Scotland - covers areas like Dumfries and Galloway and Ayrshire.
The areas for the new discovery phase of non-Tax Credit-only claimants are Manchester, Harrow and Northumberland.
NEW ARTICLE: Minimum Income Floor Correction for Couples
See our new article on the correction to the UC computer system which means that some self-employed claimants receive less. Find the article about the MIF fix here
Consultation on Changes to the WCA
Added on 12th September 2023
The government has launched a consultation on proposed changes to the Work Capability Assessment - specifically to reduce the number of claimant's in the LCWRA group. Any changes following the consultation will need to be passed in parliament and so will not come into effect until at least 2025. This change comes ahead of the removal of the WCA in favour of a combined assessment with PIP as the DWP want to bring about changes before this will take effect.
Overnight Care Must be Required for Extra Bedroom
Added on 5th September 2023
The Upper Tribunal have ruled that in line with the Bedroom Tax rules for Housing Benefit, an extra bedroom can only be awarded for an overnight carer where someone in the house actually requires care. In this case, the claimants' adult daughter sometimes woke in the night with arrythmia and her mum calmed her down. However, if her mum was not there, she was capable of calming herself down so there is no requirement for overnight care and were not deemed to need an extra bedroom for an overnight carer. Click here for the judgement on the meaning of care for an extra bedroom.
PIP Past Presence Test cannot be Waived if Detained Abroad
Added on 22nd August 2023
An Upper Tribunal judge has ruled that is correct that a claimant who was detained abroad for medical treatment failed the past presence test as there was no exception for this in the Regulations. Click here for the judgement
Guidance on Retrospective Claims for Widowed Parent's Allowance
Added on 7th August 2023
New guidance has been released clarifying how retrospective payments of Widowed Parent's Allowance will be calculated and interact with other benefits. Retrospective claims can be made by individuals who were living with their partner and a dependent child when their partner died but were not married / in a civil partnership with them. The guidance clarifies that the amount of backpayment of WPA could be reduced if there were receiving Carer's Allowance, ESA, JSA or Income Support during a period which the backpayment covers. Additionally, if they were receiving UC during this period, this could result in a UC overpayment.Click here for a link to the guidance
Parents to get More Work Coach Support
Added on 24th July 2023
From today, parents of children aged one and two will start to have more face-to-face support. Lead carers of a one-year-old child will start to have work-focused meetings with their work coach every three months and lead carers of two-year-olds will meet their work coach every month.
Pre-Settled Status will Automatically be Extended
Added on 18th July 2023
The Home Office have confirmed that people with Pre-Settled Status will automatically have their status extended by two years if they have not been given Settled Status after five years. Initially, the Home Office had said that they would end someone's Pre-Settled Status after five years but this was challenged in the High Court.
August Areas for Managed Migration
Added on 27th June 2023
In August Migration Notices will start being sent in West Scotland, West Yorkshire, Staffordshire, Derbyshire and South London. This will be the first Notices sent out in Scotland.
People fleeing Sudan exempt from HRT
Added on 31st May 2023
Regulations that came into force on 15th May 2023 added new categories to the list of persons exempted from having to satisfy the factual part of the Habitual Residence Test (HRT) for income-related, disability and carer benefits and the Past Presence Test (PPT) for disability and carer benefits. Individuals must be entitled to claim benefits in the UK (i.e. have recourse to public funds), have been residing in Sudan before 15th April 2023 and have left Sudan in connection with the violence that rapidly escalated on that day. Click here for more on claimants fleeing Sudan
Temporary Increase to Winter Fuel Payment
New Regulations have been issued that provide for a temporary increase to Winter Fuel Payments in 2023/24. The WFP Regulations are available here
Paying Childcare Costs Element Upfront
Added on 11th April 2023
In the Spring budget, the government announced its plans to improve help with childcare in UC for claimants starting work or increasing their hours. Currently, the claimant can apply for help from the Flexible Support Fund for help paying their first childcare payment - but they cannot then get help with this payment from Universal Credit. The DWP is expected to remove the rule excluding claimants getting help from the FSF and UC for the same childcare payment for those starting work / increasing their hours.
State Pension Age will Increase as Planned
Added on 30th March 2023
The government as confirmed its plans to increase the State Pension age to 67 between 2026-28. They will review when to increase it to 68 in two years time.
New guidance on when UC claims can be backdated
Added on 1st March 2023
Following two Upper Tribunal decisions, the DWP have released new guidance on when Decision Makers can consider whether a claimant meets the conditions for having their claim backdated.
Click here for more on backdating and click here for the guidance.
Eligibility to bereavement benefits extended to unmarried couples with children
Added on 13th February 2023
From 9th February 2023, surviving partners who were living with their partner and entitled to Child Benefit at the time of their death, could be entitled to Bereavement Support Payment.
Additionally, some claimants will be able to make retrospective claims if they would have been entitled to a bereavement benefit on 30th August 2018 had these rules been in place.
Click here for more.
It is the Administrative Earnings Threshold that applied on the first day of the claim that matters when terminating a Transitional Element
Added on 18th January 2023
A claimant's Transitional Element is terminated if their earnings were above their AET when they made their claim but fall below it for three consecutive Monthly Assessment Periods.
Click here for more on when Transitional Elements are terminated.
Pilot to help victims of domestic abuse recieve instant support in Jobcentres to start in early 2023
Added on 3rd January 2023
The 'ask for ANI' scheme is a Home Office initiative currently active in pharmacies. The DWP will run a pilot of the scheme in selected Jobcentres for 9-12 months starting in Q1 of 2023. Victims of domestic abuse will be able to ask for ANI in participating Jobcentres allowing them to discretely ask for immediate help from the police and/or domestic abuse services.
Citizens Advice Help to Claim service extended
Added on 14th March 2024
The DWP have confirmed that the Help to Claim service will be extended for 2 years to at least April 2026. The service helps individuals when making a claim for UC - but does not provide face-to-face support.
Caselaw: Students waiting for Work Capability Assessment
Added on 1st January 2024
Most full-time students are prevented from being entitled to Universal Credit. However, those who fit the definition of a 'qualifying disabled student' will be able to claim. One of the conditions is that they were found to have a Limited Capability for Work before starting their course. In this case, the claimant asked for a Work Capability Assessment over 13 weeks before starting his course but not had an outcome by the time he became a student. The Upper Tribunal agreed held that he is not entitled to UC as he had not been found to have an LCW. There is no legal requirement for the WCA to be completed within a certain time frame. See the case here.
Caselaw: Claim closed because failed to verify ID
Added on 14th November 2024
In this case, the claimant's UC claim failed because they failed to verify their identity. She appealed to the First-tier Tribunal who refused her appeal. However, the Upper Tribunal decided that where a FtT is hearing such an appeal, they should consider any new evidence that the claimant is who they say they are - even if this was not provided at the time of the claim. The judge also discussed the legal basis for refusing claims where no evidence of ID is provided. See our summary here.
NEW ARTICLE: Autumn Budget Highlights
Added on 5th November 2024
This article breaks down everything you need to know from the Autumn Budget. Including a change to the maximum rate of deductions that can be taken from a claimant's UC.
NEW ARTICLE: Savings Pension Credit and the Winter Fuel Payment
Added on 16th October 2024
Some pensioners with an income above the Guarantee Pension Credit level could still be entitled to the Winter Fuel Payment this year if they are entitled to Savings Pension Credit
New UC Caselaw: Where is student 'normally living'
Added on 20th September 2024
An Upper Tribunal judge has confirmed the correct process to use when deciding whether a student still lives with their parent. In the case, the claimant was having her UC Housing Costs Element reduced due to the Bedroom Tax as her daughter was at university. The First-Tier Tribunal decided that the student was normally resident at University but they based this decision on the amount of time spent at each place. However, the Upper Tribunal judge confirmed that it is not a simple matter of time spent in each place. Instead, the Decision Maker should also consider things like where the student is registered with a GP and where most of their belongings are. See the student decision here.
New Winter Fuel Payment Rules will Apply in Scotland
The Scottish Government has confirmed that pensioners will only be entitled to Winter Fuel Payment if they are entitled to Pension Credit or other means-tested benefits from 2023/24. They have said that this is due to the cut in funding that they will receive. They had been planning on introducing the Scottish Pension Age Winter Heating Payment but this will be delayed until 2024/25.
'Injury to Feelings' is not Personal Injury
An Upper Tribunal Judge ruled that money paid to a claimant by an old employer for 'injury to feelings arising from alleged discrimination' was not capital that could be disregarded for UC. Under Universal Credit rules, certain capital can be disregarded where it has been paid due to 'personal injury' but this does not include 'injury to feelings' - though it would include 'injury to mental health'.
New Caselaw: Overpaid Carer's Allowance meant no SDP
The claimant's mother (and appointee) started receiving Carer's Allowance but did not report this on her son's ESA claim so he continued (incorrectly) receiving the SDP. A few months later, she made a claim for NS-ESA for herself and this was awarded but her Carer's Allowance remained in payment for a further nine months. The DWP are seeking to recover the overpayment of the SDP for the whole period in which the claimant was receiving Carer's Allowance.
In the Upper Tribunal, the claimant argued that there was no overpayment of the SDP for the period in which the carer was receiving NS-ESA as the Carer's Allowance should not have been paid. Normally, a carer in this situation would have an 'underlying entitlement' to Carer's Allowance and this does not affect the person being cared for's entitlement to the SDP. However, the judge ruled that as she was entitled to Carer's Allowance and receiving it, there was no entitlement to the SDP for this period. The SDP rules do not require the CA to be paid legally, just for the carer to be entitled to it and receiving it. Note - it appears as though the DWP are not seeking to recover the overpayment of Carer's Allowance in this case.
Click here for the UT decision on the SDP, CA and NS-ESA.
New Regs: Ending Tax Credits for Pension Age Claimants
New Regulations that come into effect on 8th June legislate for moving Pension Age Tax Credit claimants onto either Pension Credit or Universal Credit. If they are receiving Working Tax Credit, they will be sent a Migration Notice and encouraged to claim UC. If not, they will be encouraged to claim PC. If appropriate they will receive Transitional Protection on whichever benefit they are invited to claim. We are working on an article looking at this process in more depth. Click here for the Regulations.
The DWP will not challenge erosion ruling.
The DWP will not challenge a recent Upper Tribunal decision that found that a claimant's TSDPE should not be 'eroded' if they move out of 'specified' accommodation into a 'general needs' property. This means that the decision is final.
You can see our latest article for more on the decision - here.
For more on the TSDPE, come along to our next webinar - find out more here.
Scottish version of Adult DLA expected in early 2025
Added on 19th March 2024
The Scottish Government has announced that it plans to introduce Scottish Adult DLA for claimants who are already receiving DLA as an adult (i.e., they have not transferred onto PIP). These claimants will be able to transfer onto the Scottish version of the benefit automatically on a 'like-for-like' basis. The claimant could choose to claim Adult Disability Payment instead - some claimants could be better off on ADP. Click here to see the statement on Scottish Adult DLA.
NEW ARTICLE: New case law protects TSDPE when moving out of HB funded accommodation
Added on 16th March 2024
Many Universal Credit claimants who were getting a Severe Disability Premium (SDP) in an award of Income-Related ESA, Income Support or Income-Based JSA, before they moved onto UC have a Transitional Element included in their UC award.
Here we are looking at new case law that protects TSDPE when moving out of HB funded accommodation.
UC Caselaw: Backdates don't need to be requested in first MAP
Added on 4th March 2024
The DWP's position has always been than for a UC claim to be backdated, the claimant must request it before their claim is decided at the end of their first MAP. The Court of Appeal have now ruled that this should not be necessary. Refusal to backdate an award gives rise to a right of appeal with the normal time limits. The Court also criticised the fact that the UC claim form does not give claimants an opportunity to request a backdate. Click here for the Court of Appeal caselaw.
Caselaw on rival claims for Child Benefit
In this case from Northern Ireland, a separated couple shared custody of their three children. HMRC decided to award CB for two of the children to one parent (who was earning NMW), and CB for the third child to the other partner (who was earning over £60,000pa and so affected by the High Income Child Benefit Charge). This effectively meant that no Child Benefit was being paid for the third child even though it would be if the other partner was entitled to it. HMRC argued that they followed the law by awarding the Child Benefit to the parent with main responsibility. But the High Court pointed out that HMRC's 'Procedural Guide' requires the Decision Maker to consider the impact of their decision on each parent and 'who stands to lose most'. Therefore, all three awards of Child Benefit should go to the parent that will actually receive them.
NEW ARTICLE: Short-Term Assistance (Scotland) - help or hindrance?
Short-term Assistance is a payment someone can get in Scotland if their Child or Adult Disability Payment has been reduced or stopped and they’ve asked for that decision to be looked at again. BUT Short-term Assistance is not a passporting benefit to any other entitlements which may cause issues.
State Pension age Tax Credit Claimants will be Contacted from August 2024
The DWP have said that they will start sending Migration Notices to Tax Credit claimants who are above State Pension age from August 2024. If they are a single claimant or a couple who are both over State Pension age, they will be able to claim Pension Credit (or see their Pension Credit increase when they stop receiving Tax Credits). If they are a Mixed Age Couple, they should seek expert advice
Managed Migration will Start Earlier than Planned in Mercia
Added on 18th January 2024
The managed migration of Tax Credit-only claimants in Mercia was due to start on 5th February 2024. But the DWP have announced that it will now be starting on 22nd January (i.e., it has been brought forward two weeks). It currently not clear whether other areas due to start Managed Migration in February have also been brought forward. For more on the Managed Migration timetable click here.
NEW ARTICLE: Important Decision for Mixed Age Couples Moving From IR-ESA to UC
Where a couple's entitlement to IR-ESA ends because the older members turns State Pension age. The older member of the couple should not need to serve the 'relevant period' if they can be treated as having an LCWRA on UC
Claimants not entitled to a HCE if become a 'prisoner' in first MAP
Added on 2nd January 2024
The UC Regulations allow a single 'prisoner' to continue receiving the Housing Costs Element in UC if they were entitled to UC and receiving it immediately before becoming a ‘prisoner’. A Judge in the Upper Tribunal ruled that this does not apply where the claimant becomes a 'prisoner' within their first MAP because they have no previous entitlement to UC. Click here for more on 'prisoners'.
Managed Migration will be Rolled Out by Benefit Type
Added on 5th December 2023
A letter published by Neil Couling details how the rollout of Managed Migration will develop from April 2024. He states that Migration Notices will be sent to
Managed Migration deadlines extended for Christmas
Added on 15th November 2023
The DWP have confirmed that where a claimant's Migration Notice deadline would have fallen between 11th December 2023 and 5th January 2024 have automatically had their deadlines extended by 30 days.
Support for areas flooded by Storm Babet
The DWP have announced that
Scottish Government announces 'fund to leave'
The Scottish Government has announced that the £500,000 fund will be delivered by Women's Aid groups in the five Local Authority areas with the most women's homelessness applications due to domestic abuse (Glasgow City, Edinburgh, North and South Lanarkshire and Fife. Women can apply to the fund by contacting one of the participating Women's Aid groups or Scottish Women's Aid. The fund will provide help with rent and clothes etc. For more on the 'fund to leave' click here.
NEW ARTICLE: Backdating claims for Universal Credit - the current position
Added on 12th October 2023
How far back can a claim go and what is the time limit to make such a request? We explore these issues as well as outlining the current case law regrading time limits in this article.
Delays to increasing conditionality
Added on 6th October 2023
The DWP is prioritising the Targeted Case Review project which is reviewing claims made during the pandemic for fraud and error. This means that they are focusing their recruitment drive on this project and moving staff over from other areas. This is worsening a staffing crisis within the DWP says the PCS union.
Consequently, the Union says that the DWP have agreed some easements to reduce the workload of overstretched Work Coaches. There are -
Sure Start Maternity Grant for Ukranian and Afghan Refugees
Normally, claimants can only claim the SSMG if they have no other children under 16 and they make their claim within 6 months of the baby being born. But if they have come to the UK from Ukraine or Afghanistan as a result of the conflicts in those places, they can claim the SSMG even if they have other children from before moving to the UK. Additionally, the DWP will allow these claimants until 8th December 2023 to make their claim for SSMG - even if this is over 6 months after the birth.
Managed Migration: New Areas and Claimants
The DWP have announced the next areas for Managed Migration. From October 2023, Notices will be sent in South East Wales (including Cardiff) and Central Scotland (including Glasgow). Additionally, the DWP have confirmed their plan to expand the discovery phase beyond Tax Credit-only claimants with approximately 2,000 Migration Notices being sent out from September 2023.
Changes for New-Style / Contributory Jobseeker's Allowance Claimants
Added on 13th September 2023
The DWP have accepted some proposals put forward by the Social Security Advisory Committee in relation to NS-JSA. These are: introducing a UC-style diary for NS-JSA claimants and making sure that they have access to the same employment programmes as those on UC. The SSAC also recommended further steps to combine UC with the New-Style benefits but the DWP rejected these.
DLA to CDP Transfer Progress
Added on 10th August 2023
The transfer from DLA to CDP is now more than 99% complete. However, the average processing time for new claimants is still more than 100 days - with 16% of applications taking more than 140 days to be processed.
NEW ARTICLE - Increased Conditionality for Parents
Added on 3rd August2023
Check out our new article on increased conditionality for parents here
DWP has Launched Trial Campaign for Pension Credit Take-up
Added on 20th July 2023
Changes to DLA Presence Test
Added on 7th July 2023
New Guidance has been issued to explain changes to DLA brought about by the introduction of Child Disability Payment in Scotland. To be entitled to DLA (unless they have an ongoing award), claimants must be present in England, Wales or Northern Ireland - this has been changed from GB. However, the Past Presence Test is unaltered (i.e. they will satisfy the Past Presence Test if they have been living anywhere in GB including Scotland. If someone on DLA moves to Scotland, they will retain their entitlement for approximately 13 weeks. If they are awaiting a decision on a DLA claim when they move to Scotland, the DWP should decide their claim as though they satisfy the Presence Test. Find the guidance on the DLA presence test here.
ADM Guidance on Changes to UC Childcare Element
New ADM guidance clarifies the changes to the UC Childcare Element that will take place from 28th June 2023. Firstly, the maximum rates will increase to £1015.00.92 for one child and £1,630.15 for two or more children. Additionally, where a claimant is taking up paid work or increasing their hours of work, is required to pay for childcare before they can get help with in from UC, and is less likely to take up work / increased hours because of this, they can get help with this payment from both the Flexible Support fund and the UC Childcare Costs Element Click here for more on the Childcare Costs Element and click here for the ADM Guidance on changes to the Childcare Costs Element.
New Areas for Managed Migration in July
Added on 26th May 2023
The DWP have announced that Migration Notices will start to be sent in Durham and Tees Valley, Kent, North London and East Anglia from July 2023. They also announced that they are starting a 'discovery phase' for couples.
June Areas for Managed Migration
Added on 25th April 2023
The DWP have announced that Migration Notices will start being sent in Greater Manchester and East Yorkshire and the Humber in June 2023. They also announced their intention to have Managed Migration rolled out to every Jobcentre in the country by the end of March 2024.
Terminal Illness Rules for PIP, DLA and AA
The Special Rules for End of Life (SREL) are going to be extended to PIP, DLA and AA from today. This means that claimants will be considered to be 'terminally ill' for the benefits if their death can reasonably be expected within 12 months (extended from 6). SREL already apply to UC and ESA.
New areas for Managed Migration announced
Added on 28th March 2023
From 17th April 2023, 500 Migration Notices will be sent out to Tax Credit-only claimants living in Andersonstown and Enniskillen in Northern Ireland. Additionally, Migration Notices will begin to be sent in Avon, Somerset and Gloucest in April 2023 and in East London and Cheshire from May 2023. Future locations will be announced 2 months before Notices begin being sent.
More managed migration notices sent out in cornwall
Added on 27th February 2023
Migration notices were sent out to Tax Credit-only claimants in various areas in Cornwall from 13th and 20th February.
Click here for more on managed migration or click here to learn more about our webinar on 14th March.
Excluding cohabiting couples without children from bereavement benefits
Added on 2nd February 2023
Entitlement to bereavement benefits will soon be extended to cohabiting couples with children as excluding them was found to be discriminatory against the children of parents who had not formed a legal union. However, if there are no children, an Upper Tribunal decision says there is no discrimination.
Click here for the decision and click here for more on bereavement benefits.
The Court of Appeal rejected the appeal against the DWP's decision not to apply the £20 uplift to 'legacy' benefits
Added on 17th January 2023
The CoA ruled that as the purpose of the £20 uplift was to support individuals who lost their jobs due to the pandemic, it was not a legal requirement to extend this to legacy benefits - even though these claimants will have suffered financial hardship.
The DWP have released a report on the first 499 claimants sent migration notices
Added on 16th January 2023
To read more click here.
Household Support Fund extended until 31st March 2024
Added on 24th February 2023
Local Authorities are responsible for deciding who they support but are advised to prioritise households that do not have access to other support.
Click here for more on the fund.
Reduction is council tax liability for those recieving Council Tax Support
The government has released guidance for Local Authorities planning their 2023/4 CTS schemes advising that individuals with a council tax liability for 2023/4 after CTS should have this liability reduced by £25 (or to £nil if their remaining liability is under £25).
Click here for more on CTS and click here for the gov.uk guidance.
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