12 May 2021
An update to the report we published at the beginning of 2021 highlighting that delays carrying out assessments for disability benefits meant that many disabled people were not receiving or were losing support intended to help them meet the additional costs of their disability.
15 April 2021
This is the third in a series of regular briefings which highlight some of the persistent gaps in support that exist for children and families affected by the COVID-19 pandemic. Evidence of these gaps is drawn from our Early Warning System (EWS) which collects case studies from frontline practitioners working directly with families on the problems they are seeing with the social security system.
14 April 2021
We are delighted to announce the launch of a new digital version of the Disability Rights Handbook, in partnership with Disability Rights UK.
Disability benefits are devolved to the Scottish Government and replacements are in development.
In this edition of the e-bulletin, we look at the top issues emerging to date in 2021, and provide an update on habitual residence tests and National Insurance numbers.
R (TD & Ors) v Secretary of State for Work And Pensions  EWCA Civ 618
On 12 May 2020, the Court of Appeal handed down a judgment in favour of the appellants in this case. The appellants were originally in receipt of legacy benefits but had to claim universal credit (UC) when the Secretary of State for Work and Pensions (SSWP) decided that they were no longer entitled to legacy benefits and terminated their awards. Even though those decisions were ultimately overturned on revision, the appellants were stuck on UC and received less than they would have if they had remained on legacy benefits. The Court found that the appellants had been unlawfully discriminated against compared with legacy benefit claimants who had not had any wrongful decision terminating their legacy benefit awards and who would be moved to UC through managed migration when they would benefit from transitional protection. The SSWP applied directly to the Supreme Court for permission to appeal but that application was refused on 26 February 2021 and the SSWP will need to proceed to implement the Court of Appeal judgment.
EK v SSWP CDLA/2019/2018 and TS v SSWP CDLA/2208/2018
These cases challenge the legality of the revised past presence test (PPT), which requires a child to have been in the UK for 104 of the past 156 weeks before being eligible to claim disability living allowance (DLA) (referred to as the ‘2 year PPT’).
The appellants argue that the 2 year PPT is unlawful as a result of non-compliance by the SSWP with the Public Sector Equality Duty (PSED) and the discriminatory effect of the 2 year PPT is in breach of their human rights.
The cases were heard together before UTJ Ward at a two-day Upper Tribunal hearing on 3 - 4 June 2020 and judgment, dated 12 October 2020 and sent to the parties on 17 November 2020, found in favour of the appellants on human rights grounds. The SSWP has confirmed that she is not appealing the decision of the UT.
25 February 2021
This is the second in a series of regular briefings which highlight some of the persistent gaps in support that exist for children and families affected by the COVID-19 pandemic. Evidence of these gaps is drawn from our Early Warning System (EWS) which collects case studies from frontline practitioners working directly with families on the problems they are seeing with the social security system.
Most social security benefits are affected if you are in prison. This factsheet outlines the main issues that come up if you are remanded in custody or if you are serving a prison sentence.
8th June 2021
Attendance allowance (AA) is the main disability benefit for people who have reached pension age. Getting an award of AA can significantly increase income and so it is a crucial...