An update from our friends at Leigh Day.

GMWRAG was doubtless amongst many who received a recent update from Leigh Day. This is a timely reminder of how strategic casework might never be more relevant. However, as the email began with “Alright…” some editing was in order 🙂

They think we are going to have a lot of work on unpicking the government response to Coronavirus, in particular in relation to the administration of benefits. A lot of people are going to become reliant on benefits for the first time and potentially for an extended period of time.

They have one JR already in relation to the requirement for ‘self-employed’ workers to claim UC rather than get SSP or benefit from furlough payments (https://www.theguardian.com/politics/2020/mar/22/rishi-sunak-under-pressure-to-bail-out-self-employed)

They are looking at the failure to raise legacy benefits in line with what has been done with UC. If GMWRAG members know of any rare person who is entitled SDP and self employed and also on legacy benefits they would be perfect for this but anyone impacted could potentially claim.

They would also be interested to know if any JCP’s are sanctioning people for failing to comply with conditionality at this time.

Welfare benefits advisers are going to be the first people to see the impact of any issues the changes made are having on the benefits system. If you spot anything you think is particularly grim and/or widespread and worth a challenge and want to talk it through please do let them know.

Critical social policy work from NAWRA.

NAWRA has been liaising with a firm of solicitors talking about possible ways to take judicial review action on various aspects of Universal Credit. They are very interested in taking challenges on working disabled people and the self-employed – they are already taking a challenge on behalf of claimants losing the SDP.

They remain keen to hear about clients who have lost out moving to UC who are either –
• a working disabled person moving from WTC to UC and losing money due to loss of the disabled worker element;
• a self-employed person who is losing out because of irregular income and so gets less UC than an employed person earning a similar amount, or other self-employed people losing out under UC.

NAWRA are also widening their search for potential UC judicial review claimants to people in the following circumstances:

1. Claimants who are naturally migrating from ESA – failure to pay the LCW/LCWRA element straight away

2. The application of waiting days when they shouldn’t be applied as claimant was on legacy benefits before migrating

3. Submission of a DS1500 by a third party and a refusal to accept without explicit consent

If you have a client who is affected and would consider taking part in a legal challenge please email daphne@nawra.org.uk

 

 

 

SDP awards following an award of PIP.

A number of GMWRAG members have brought it to our attention that there has been a nosedive in the number of awards of Severe Disability Premium (SDP) since the introduction of Personal Independence Payment (PIP). This has apparently been confirmed via a Freedom of Information request and appears to be related to the removal of SDP from Universal Credit (UC) and a policy intent to not check for SDP entitlement UC takes hold.

It’s worth remembering that checking for entitlement to means-tested benefits in specific scenarios remains an obligation regardless of policy intentions and future changes. See, CE277/2014 for but one example.

The above would also explain why a number of members have reported having to repeatedly send in IS 10s or their equivalent as forms mysteriously drop into some kind of abyss. If GMWRAG members can cast this drop off in any different light please let us know but we thought we’d flag it up after several members highlighted numerous issues fully explained by a policy change e.g. SDP forms going missing; SDP forms taking an age to be processed unless constantly chased; SDP being refused incorrectly or refusing to issue forms in the first place.