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.

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.