Welfare rights news and case law

5 January, 2021 Open access

Facilitating remote attendance at tribunal hearings is default position ‘whether backed by regulations or not’, says Lord Chief Justice

As third national lockdown starts in England, Lord Burnett confirms that no one will be required to attend a tribunal unless it is necessary in the interests of justice

5 January, 2021 Open access

To help limit further transmission of COVID-19, the government must prioritise a ‘cash first’ approach to food insecurity rather than relying on food aid

Independent Food Aid Network calls for ring-fenced funding for local authorities across the UK to enable them to provide cash grants

5 January, 2021

First-tier Tribunal in its social entitlement jurisdiction is a ‘court’ for purposes of orders made under the now repealed Vexatious Actions (Scotland) Act 1898 that continue in force

CSTC/466/2019
[2020] UKUT 324 (AAC)

5 January, 2021

Whether insurance policy payments to a widow precluded entitlement to a funeral payment

CIS/1728/2019
[2020] UKUT 316 (AAC)

5 January, 2021

Assessment of whether claimant displayed ‘severe behavioural problems’ for purposes of entitlement to mobility component under ‘severe mental impairment’ criteria

CDLA/2600/2019
[2020] UKUT 342 (AAC)

4 January, 2021

Commencement of social security coordination provisions in the European Union (Future Relations) Act 2020

New statutory instrument

4 January, 2021

Entitlement to sure start maternity grant for refugees who are already responsible for other children under 16

New DWP guidance confirms entitlement where responsibility for additional children existed prior to flight to the UK

4 January, 2021

Removal of Genuine Prospect of Work test for those who are involuntarily unemployed

New DWP guidance

4 January, 2021

DWP issues guidance on the ‘right to reside’ test for means-tested benefits following the end of the transition period for the UK’s exit from the EU

New advice to decision-makers covers rights relating to residence, application deadlines and temporary protection under the EUSS

4 January, 2021

Protecting rights of EEA nationals and their family members who have not yet applied for or been granted status under the EU Settlement Scheme

New DWP guidance confirms that grace period to apply to the Scheme will last until 30 June 2021

4 January, 2021

Protecting rights of EEA frontier workers who have worked in the UK by the end of the transition period on 31 December 2020

New DWP guidance confirms that frontier workers are entitled to access benefits in the same manner as EEA workers who are subject to the Citizens Directive 2004/38

30 December, 2020

Amendment of benefit legislation to give effect to changes to the Convention on Social Security between the UK and Norway

New regulations in force from 1 January 2021

29 December, 2020

Amendment of statutory sick pay legislation in Northern Ireland in relation to those self-isolating because of COVID-19

New statutory rule

24 December, 2020

Handling of appeals in relation to claims for carer’s allowance supplement from outside the UK

New regulations issued in Scotland

24 December, 2020

Amendment of the residency conditions for carer’s allowance supplement and the young carer grant

New regulations issued in Scotland

23 December, 2020 Open access

Amendment of statutory sick pay legislation in relation to those self-isolating because of COVID-19

New statutory instrument

23 December, 2020 Open access

Eligibility criteria widened for the Social Care Staff Support Fund in Scotland

New statutory instrument

23 December, 2020 Open access

DWP confirms that people who live in areas where shielding is reintroduced are able to claim SSP

Department advises that shielding letters being sent by doctors or the government can be used as proof of entitlement

23 December, 2020

Sanction decision overturned on account of ambiguity in notification of requirement to take part in telephone interview / good reason for failure to attend

CUC/563/2020
[2020] UKUT 307 (AAC)