WCA50 and ESA50 replaced by WCA50
Added on 25th November 2025
The two existing forms have been replaced by a new form. There doesn't seem to be any major changes. WCA50 and ESA50s will continue to be accepted if claimants have already filled them or recieved them. See the new form here.
People leaving Jamaica added to HRT exemptions
Added on 17th October 2025
The government organised charter flights for British nationals and their families stuck in Jamaica after hurricane Melissa. Following Regulations introduced earlier in the year, this means that anyone who was residing in Jamaica immediately before 1st November 2025 will be exempt from the Habitual Residence Test for UC between this date and 30th April 2026 (assuming they are a British citizen or person from abroad who is able to claim UC). They will also be exempt from the Past Presence Test for PIP and other benefits until 28th April 2028. See the updated ADM memo here.
Supreme Court rules on BSP contribution condition
Added on 24th November 2025
The Supreme Court as ruled that the contribution condition for Bereavement Support Payment does not need to be waived where the deceased partner was unable to work due to disability. Similar challenges to the NI rules for BSP have made their way through courts in Northern Ireland and England and lower courts ruled that the NI condition should be waived in certain circumstances. In Northern Ireland, the DoC chose not to appeal and issued guidance on when the contribution condition should be ignored where the deceased partner was severely disabled and unable to work. In England, the DWP appealed to the Supreme Court who decided that the condition should not be waived. More on Bereavement Support Payment here and see the judgement here.
Scottish Young Carer Grant extended to 19 year olds
Added on 13th November 2025
New Regulations have been laid which extend the Young Carer Grant to 19 year olds. Young carers in Scotland can make a claim for the grant once a year between the ages of 16 and 19. They can now receive up to 4 payments in total. Find out more about Young Carer Grant here.
New Commencement Order to end legacy benefits
Added on 10th November 2025
A new commencement order has been published to prepare for the closure of 'legacy' benefits. It legislates for the end of IB-JSA and Income Support. It also prepares for the closure of IR-ESA and Housing Benefit (for working age claimants in general needs accommodation) by putting in place measures to ensure that claimants are unable to find their way on to these benefits in the future. Specifically, it converts Old-Style Contributory ESA to New-Style ESA for all claimants who are not receiving an income-related top-up from 1st December 2025 and ends Housing Benefit for working age claimants who move out of 'specified' or 'temporary' accommodation one or after 14th November 2025. See the commencement order here.
UC temporary absence rules if illness starts on holiday
Added on 12th September 2025
The Upper Tribunal has ruled that UC claimants cannot 'phase' temporary absence rules. In this case, the claimant became ill whilst on holiday and had to remain out of GB whilst receiving, and recovering from, medical treatment. The normal one month time limit on being abroad can be extended to 6 months where the claimant is receiving medical treatment. However, the UT ruled that for this longer limit to apply, the trip must be solely related to the medical treatment from the outset.
More on UC temporary absence rules here and see the Upper Tribunal case here.
Changes to Child Benefit education condition
Added on 12th July 2025
New Regulations have been published that come into effect from 1st September 2025 and widen the education and training condition in Child Benefit.
For Child Benefit to continue when a young person is aged 16-19, they must be receiving non-advanced education and spending at least 12 hours per week on their course on average. Additionally, once a young person turns 16, they only meet the education condition if they are attending a course at a school or college. If they are receiving education in another setting (eg. home schooling), they only meet this condition if this arrangement started before they turned 16.
These new Regulations mean that from 1st September, this 12 hour rule is ignored where the young person is undertaking some non-advanced education and suffers from an illness or physical or mental disability that means they are unable to spend any more time in education. Additionally, the requirement that the young person needs to have started being education outside of a school / college before turning 16 is removed.
See the Child Benefit amendment Regs here.
Draft Regulations for 'Right to Try' Work Guarantee
Added on 30th June 2025
The Government has published draft Regulations which explicitly state that starting paid work is not a circumstance that should trigger a new Work Capability Assessment or PIP review. See the draft Regs here.
Winter Fuel Payment for all Pensioners with Incomes under £35,000
Added on 9th June 2025
This winter all claimants will receive a Winter Fuel Payment. However, for pensioners with an income over £35,000 it will be recovered via PAYE or their self-assessment return. Pensioners will be able to opt out of receiving the payment at all. More on the change to WFP here.
Fair Repayment Rate introduced
Added on 30th April 2025
From today, the maximum amount that can be deducted from a claimant's UC award is the equivalent of 15% of their Standard Allowance. Previously, this limit had been 25%. There are some exceptions to this limit.
Additionally, deductions made for Child Maintenance have move up the priority list so they are more likely to be taken.
See this article for more information of the changes and their potential implications.
Payslips and P60s removed from online ID verification
Added on 9th April 2024
The 'How to Verify your identity for UC' gov.uk page has been updated to remove payslips and P60s from the list of things that claimants can use to verify their ID online. See the gov.uk page here.
Tax Credits have ended
Added on 5th April 2025
Tax Credit awards could not renew for 2025/6 so entitlements will have ended on Friday 5th April for those still receiving them. All but a very small number of Tax Credit claimants should have received either a Migration Notice inviting them to claim UC or a Tax Credit Closure Notice inviting them to claim / stay on Pension Credit. Claimants who have not yet made a claim should make it ASAP. HMRC will continue to operate the Tax Credit service until April 2026 to handle any ongoing challenges. After this, the data will be transferred to an accessible system but there will be no dedicated Tax Credit team.
Managed Migration roll-out in Northern Ireland
Added on 19th February 2024
The Department of Communities has announced that it has started issuing Migration Notices to claimants on Income Support. Claimants receiving Tax Credits should have received their Migration Notices already. They plan to being sending Notices to HB-only claimants in March, claimants receiving IB-JSA in April and claimants receiving IR-ESA in May.
New Caselaw: Erosion of Transitional Element when LCWRA Element replaces Carer Element
Added on 13th February 2024
An Upper Tribunal judge has ruled that where an LCWRA Element replaces a Carer Element (because the same claimant cannot receive both), any Transitional Element should only be 'eroded' by the difference between the two Elements. Before this, the TE was 'eroded' by the full amount of the LCWRA Element leaving claimants worse off. The decision is dated 29th January 2025 and we believe it will also apply where a Carer Element replaces an LCW Element. Click here for more on 'erosion' when the LCWRA Element is added.
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
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 £952.00 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.
DHPs won't be incorporated into CRF until 2029
Added on 6th October 2025
The Crisis and Resilience Fund is replacing the Household Support Fund from 1st April 2026. Initially, the government said that DHPs would be incorporated into the fund from the outset. However, after consulting Local Authorities they have announced that this will not happen until 2029. DHP funding will remain the same for 2026/27, 2027/28 and 2028/29.
Transfer from PIP to ADP complete
Added on 29th July 2025
The Scottish Government has confirmed that all PIP claimants living in Scotland have been moved onto Adult Disability Payment - that's almost 350,000 claimants moved over.
For more on ADP, see this page or For the Scottish Government's announcement, click here.
Universal Credit Bill passes third reading
Added on 9th July 2025
There was lots of press about proposed changes to PIP which saw over 100 labour MPs rebel against the government. However, after the government conceded and removed the parts of the Bill related to PIP, the rest of the Bill (which contained some significant changes to UC) passed its third reading. It is now in the House of Lords. For more on the proposed changes to the LCWRA Element click here.
Scottish Government announce Two Child Limit Payment
Added on 17th June 2025
The Scottish Government have announced that they will start making a Two Child Limit Payment to affected families from 2nd March 2026. The announcement says that they will "begin accepting applications" on this date so it looks like this will not be an automatic payment. More details will be shared about the payment at a later date. Click here for the Scottish Government's announcement.
Regulations preventing erosion when moving from 'specified' or 'temporary' accommodation come into effect
Added on 1st June 2025
From today, the Regulations have been amended to ensure that a claimant's Transitional Element is not 'eroded' when the Housing Costs Element is added to their award if they have moved out of 'specified' or 'temporary' accommodation. This follows an Upper Tribunal decision in February 2024 which said that this was unlawful discrimination. Find out more about erosion after moving out of 'specified' or 'temporary' accommodation here.
Scottish Pension Age Disability Benefit available in all areas
Added on 22nd April 2025
PADP is now available in all areas of Scotland. This means that a pensioner making a new claim for a disability benefit in Scotland will make a claim for PADP rather than AA. Scottish pensioners already receiving AA will be transferred onto PADP at some point in the near future. Find out more about PADP here.
UC uprating takes effect
Added on 7th April 2025
The annual uprating of benefits affects UC awards from the first Monthly Assessment Period that begins on or after 7th April. If the claimant is receiving a Transitional Element, this will be 'eroded' by the increase to Elements in their Maximum UC. See our new rates poster for 2025/26 here and click here for more on erosion of the Transitional Element.
Changes to deductions for Child Maintenance
Added on 1st April 2024
New Modification Regulations have been published to move deductions for Child Maintenance to the top of the priority list for Universal Credit. Note - contrary to what was previously announced, they will still be below Advances in terms of priority but the Explanatory Memorandum explains that it will be DWP policy to always take a deduction for Child Maintenance even if this will breach the Fair Repayment Rate. See the Explanatory Memorandum here.
Scottish Pension Age Disability Benefit rolls out in more areas
Added on 24th March 2025
Since October 2024, pensioners in Argyll & Bute, Highland, Aberdeen City, Orkney and Shetland have made claims for PADP rather than Attendance Allowance when making a new claim. From today, PADP has been extended to Aberdeenshire, Angus, Clackmannanshire, Dundee City, East Ayrshire, Falkirk, Fife, Moray, Na h-Eileanan Siar (Western Isles), North Ayrshire, Perth and Kinross, South Ayrshire and Stirling. It will be avilable across the country from 22nd April. Scottish pensioners already receiving AA will be transferred onto PADP at some point in the near future. Find out more about PADP here.
NEW ARTICLE: Back payments of the TSDPE have started
Added on 13th March 2025
The government published the Regulations governing these increased TSDPE amounts to take effect from 14th February 2024. So, where a claim for UC was made on or after this date, the claimant has received a higher rate of TSDPE if they are entitled to it. Since then we have been waiting to hear how those that missed out prior to 14th Feb 2024 would be compensated. We have now received these details from the DWP.
New Caselaw: Relevant Period stated before medical evidence provided
An Upper Tribunal judge has highlighted the fact that the Medical Evidence Regulations require a claimant to provide fit notes to cover each day of their limited capacity for work unless it would be unreasonable to expect this. In this case, the claimant reported her health issues on her UC Journal and asked whether she also needed to provide Fit Notes. She didn't receive an answer. A year later she did provide Fit Notes and was found to have an LCWRA after a Work Capability Assessment. The DWP treated the 'relevant period' as beginning on the day she first submitted the Fit Notes. But the Judge ruled that in this case, the 'relevant period' should begin from when she first reported her health condition as it was 'unreasonable' to expect her to submit Fit Notes as she had not received a response to her query. Click here for more on when the 'relevant period' starts.
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.
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.
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.
Scottish winter heating payments will start in November
The Scottish government have confirmed that they will begin making payments of Scottish Pension Age Winter Heating Payment from November 2025. So, this winter pensioners in Scotland will receive this benefit instead of a Winter Fuel Payment. Like WFP, the benefit will be recovered through the tax system if a pensioner have an income of more than £35,000. See the Scottish Governments announcement here.
Periodic reviews of UC claims - update
Added on 15th July 2025
In the DWP's Annual Report and Accounts, they re-assert their plan to introduce periodic redeclaration for UC claims where claimants will be asked to review their declared circumstances and report any changes. The Report says that where claimants fail to engage with this process, their UC award will be suspended for 30 days. If they still don't engage, their claim will be closed and they will have 30 days within which to request a reconsideration of this decision if they believe their claim should not have been closed. The Report does not given any more information on when claimants will be prompted to review their circumstances and how long they will be given to do so before their award is suspended. Click here to see the DWP's annual report and accounts.
New Regulations to Disregard Miscarriage of Justice Compensation Payments
Added on 1st July 2025
New Regulations come into force on 22nd July 2025 which amend means-tested benefit Regs to ensure that payments made via the Miscarriage of Justice Compensation Scheme are disregarded as capital and income indefinitely. See the Regulations here.
Spending Review: HSF replaced
Added on 13th June 2025
There wasn't much about benefits in the Spending Review but the government did announce that the Household Support Fund will be replaced by a new Crisis and Resilience Fund. The fund will incorporate Discretionary Housing Payments and is funded until 2028/29. Click here to see the Spending Review.
Plans for UC Health Element
Added on 30th May 2025
From April 2026, the amount of LCW/RA Element that current UC claimants receive will be frozen and will be paid at a much lower rate for new claimants. However, a new additional Element will be introduced for those who claim after April 2026 and who have the most severe, life-long conditions with no prospect of improvement. Entitlement to this new Element will be based on the Work Capability Assessment severe conditions criteria which means that claimants must meet the eligibility criteria for LCWRA, have been diagnosed with a life-long condition that means they will always meet the LCWRA criteria and there is no realistic prospect of recovery. Read more about the proposed future changes here.
NEW ARTICLE: Change to how UT decisions are reported
Added on 20th April 2025
The ‘Upper Tribunal (Administrative Appeals Chamber)’ is the source of most of the UK’s case law on social security issues. There are two recent changes to how the Upper Tribunal reports and publishes its decisions. This article explains what has changed and how to weigh up conflicting UT decisions.
Final Migration Notices to be sent in September 2025
Added on 1st April 2025
The DWP have announced that they will increase the number of Migration Notices sent each month with an aim to send the last Notices in September 2025. Previously, they had said that they would send the last Notices in December 2025. This extra three months will allow the DWP to offer more support to the last claimants sent Migration Notices as they plan to have no claimants left on IR-ESA by April 2026.
Transfer of Adult DLA claimants in Scotland
Added on 21st March 2025
The Regulations that allow the Scottish Government to transfer Adult DLA claimants onto Scottish Adult DLA come into force today. The Scottish Government have said that they will begin transferring claimants in 'late March'. Claimants will receive a letter telling them they are being transferred but should not notice a difference in their benefits. See this page for more information on Scottish Adult DLA.
Couple Administrative Earnings Threshold will stay
In response to an FOI, the DWP has suggested that they have scrapped plans to remove the couple Administrative Earnings Threshold. The AET is used to determine the conditionality of some claimants in the All Work-Related Requirements Group on UC. If a couple's combined earned income is above the couple's threshold, both members of the couple will be in the 'light touch regime'. The DWP had previously announced its intention to remove this couple's threshold so conditionality would be based on the individual's earnings - but this is no longer the case.
Non-EEA family members with Pre-Settled Status can rely on AT case law
The AT case law requires the DWP to check if rejecting a claimant with Pre-Settled Status' UC claim would leave them destitute. Initially it was unclear whether this only applied to EEA Nationals but the DWP have now confirmed that it also applies to Non-EAA family members who have Pre-Settled Status. See more about Pre-Settled Status and destitution here.
Regulations coming into force on 27th January 2025
Added on 27th January 2025
Several parts of the Social Security (Miscellaneous Amendments) Regulations 2025 come into effect today. These are -
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.
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
Added on 27th October 2023
The DWP have announced that
Click on the icons below to see the news headlines from each year.