What's new?

Updates to the Debt Advice Handbook

27 June 2025

Recent updates to the Debt Advice Handbook include: 

• Chapter 4/Credit debt/Interest free credit: Details of forthcoming regulation of Buy Now Pay Later agreements announced to be implemented in mid-2026.
• Chapter 6/Using contract law/Contracts made under undue influence: UK Finance publishes new version of the Financial Abuse Code.
• Chapter 10/DROs/Who can apply for a DRO/Issues with particular types of property/Pensions: New DRO Team guidance issued on pension funds, annuities and the 'insolvency test'.
   

New articles from the Welfare Rights Bulletin

18 June 2025

The free article from the latest issue of the Welfare Rights Bulletin is:

• The Green Paper – what is changing and when Carri Swann examines the plans, set out in DWP’s March 2025 Pathways to Work Green Paper and amended in the later Spring Statement, and explains how soon they come into effect.

And the articles for subscribers are:

• Universal credit claims ‘closed’ due to failure to establish identity: Do you even know who I am? Martin Williams considers cases where the DWP ‘closes’ a claim made by a new claimant of universal credit (UC) on the basis that they have failed to establish their identity.
• Universal credit deductions during insolvency Jessica Strode looks at deductions from claimants’ universal credit (UC) for rent arrears and benefit overpayments during debt relief orders.

New issue of the Welfare Rights Bulletin

18 June 2025

The June 2025 edition of the Welfare Rights Bulletin (Issue 306) (for subscribers) is online now.

CPAG tools and templates - all now searchable in one place

11 June 2025

You can now search all our tools and templates in one location. Quickly find what you need by entering a keyword, or filter results by benefit or payment; by issue, such as deductions; or by legal stage, for example mandatory reconsideration.

Disability Rights Handbook - new edition

27 May 2025

The 2025/26 online edition of the Disability Rights Handbook (for subscribers) is now live.

Updates to the Welfare Benefits Handbook

22 May 2025

Key updates to the Welfare Benefits Handbook (for subscribers) include:

• Chapter 51 / Section 6 / If you disagree with the tribunal’s decision / Setting aside a decision on procedural grounds and Chapter 52 / If you disagree with the Upper Tribunal’s decision. These amendments are to reflect changes from 30 May in the tribunal rules (introduced by The Tribunal Procedure (Amendment) Rules 2025, SI 2025 No.561(L.3)), so that both the First-tier and the Upper Tribunal can set its decision aside on its own volition, as well as following an application by a party to the appeal.
• Chapter 56 / Section 1 / Who is a person subject to immigration control / Your leave has a no recourse to public funds condition / Public funds box. This update reflects that further Scottish benefits have been added to the list of benefits that count as public funds in the Immigration Rules.

Updates to the Debt Advice Handbook

25 April 2025

Recent updates to the Debt Advice Handbook include: 

• Chapter 8/Deciding on priorities/TV licence: Licence fee increased to £174.50 with effect from 1 April 2025.
• Chapter 9/Debt respite schemes/Breathing space scheme/Eligibility/Excluded debts: The High Court has decided that mortgage debt is not a qualifying debt for Breathing Space even where the loan has been called in: Seculink Ltd v Forbes. The Court of Appeal has given leave to appeal and is scheduled to hear the case in May 2025.
• Chapter 11/Before starting court action/Alternative dispute resolution/Using the Financial Ombudsman Service: The FOS award limits have been increased with effect from 1 April 2025.
• Chapter 11/Court fees: Many court fees have been uprated with effect from 1 April 2025. See Chapters 10-13 for details.
   

Updates to the Welfare Benefits Handbook

23 April 2025

Key updates to the Welfare Benefits Handbook (for subscribers) include:

• Chapter 2 / Section 3 / Managed migration / Managed migration timetable
  - The latest date by which managed migration to UC should start for remaining income-related ESA claimants is now September 2025. It was previously planned to be December 2025.
• Chapter 45 / Section 9 / Priority between deductions 
  - From 30 April, deductions for child support are formally first in the priority list for deductions from UC (although, in practice, these deductions are always made in any case) by virtue of The Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) (Modification) Regulations 2025 No.387.

New articles from the Welfare Rights Bulletin

23 April 2025

The free article from the latest issue of the Welfare Rights Bulletin is:

• Erosion – where are we now? Owen Stevens and Martin Williams review the state of play following various developments related to the erosion of the transitional elements of universal credit (UC).

And the articles for subscribers are:

• Overpayment recoverability in the age of UC With universal credit (UC) as the increasingly predominant low income benefit, Simon Osborne reviews what that means for when an overpayment can be recovered from the claimant.
• UC deductions overview Certain sums can be deducted from universal credit (UC) before it is paid. These are usually debt repayments but can also be for some ongoing liabilities like gas and electricity charges. Carri Swann summarises the deductions rules in the wake of new caselaw and changes to DWP policy.
• Statutory payments for neonatal care Will Hadwen describes a new statutory payment for parents.

New issue of the Welfare Rights Bulletin

23 April 2025

The April 2025 edition of the Welfare Rights Bulletin (Issue 305) (for subscribers) is online now.

New eLearning course

22 April 2025

Check out our new, free advanced level eLearning course: LCWRA and moving to UC

It aims to help you understand the circumstances in which you may not have to wait the usual three months to get a limited capability for work and work-related activity (LCWRA) element within your UC, when you move to UC either through natural or managed migration. It focuses mainly on situations where the DWP has determined that you have LCWRA for old-style employment and support allowance before you claimed UC.

To see our other eLearning courses for advisers with existing benefit knowledge, go to Advanced courses.

Updates to the Benefits for Migrants Handbook

10 April 2025

Recent updates to the Benefits for Migrants Handbook (for subscribers) include:

• Chapter 13(4): Disability and carers' benefits - This section has been amended to include the residence and presence rules for the new Scottish adult disability living allowance.
• Chapter 16(4): The single competent state / Sickness benefits / Scenarios if a pension is paid by another member state - This amendment is to note that the DWP have applied to the Court of Appeal for permission to appeal against the recent Upper Tribunal decision: SE v SSWP [2024] UKUT 405 (AAC) (which held that a claimant's entitlement to carer's allowance, due to her competent state being her state of residence (the UK), was not removed by her husband receiving a pension from Switzerland).
   

Benefit rates

7 April 2025

We've created a new page which includes:

• links to this year's and previous years' benefit rates
• the dates from which benefit rates apply

Go to Benefit rates

Welfare Benefits Handbook - new edition

6 April 2025

The 2025/26 online edition of the Welfare Benefits Handbook (for subscribers) is now live.

Tools and templates

31 March 2025

We've redesigned our Tools and templates section to make it easier to use. 

We've created a new page for each template letter and appeal submission and we're adding information about:

• when to use them and when not to use them
• a summary of the main legal arguments used in them (which, for example, you can use if you need to request a mandatory reconsideration before appealing)
• everything you'll need to gather together to be able to complete them

You can see an example here: UC claim 'closure' following failure to attend initial evidence meeting

Thanks to the advisers who kindly worked with us to test and develop these pages.

PIP appeals

31 March 2025

We’ve added a new section aimed at advisers who are building up experience in helping clients with personal independence payment appeals.

It's structured around the different stages of an appeal and includes practical examples, essential information and tips for a successful appeal.

Go to PIP appeals

New page on Scottish adult disability living allowance

24 March 2025

We've published a new page on Scottish adult disability living allowance (SADLA), which is replacing disability living allowance (DLA) for adults living in Scotland who still get disability living allowance.

Updates to the Debt Advice Handbook

20 March 2025

Recent updates to the Debt Advice Handbook include: 

• Chapter 5/Using the CCA/Unfair relationships/Payment protection insurance: New section added on new developments relating to FCA investigation of 'Motor car finance commission arrangements'.
• Chapter 9/Debt respite schemes/Breathing space scheme/Mental health crisis moratorium: Single point of entry provided by MAPs now delivered by new providers working in partnership
• Chapter 9/Debt respite schemes/The role of the debt adviser/Creditor request for a review: New Alert: The court has jurisdiction to determine whether a debt is a qualifying debt, and is an alternative to requesting a review by the debt advice provider
• Chapter 10/DROs/Who can apply for a DRO/Issues with particular types of expenditure/Alcohol and tobacco: The DRO Team has updated its guidance on treating these items as essential expenditure
• Chapter 12/Enforcing a judgment/Third-party Debt Order: Section 91(2) Pensions Act 1995 (which prevents the court from making an order which would restrain a debtor from receiving their pension) applies to occupational pensions and so the court cannot make orders to enable a third-party debt order to be made in respect of such a pension.

Fuel Rights Handbook now available in print only

12 March 2025

Due to funding coming to an end, the Fuel Rights Handbook is no longer available online. We're actively seeking a new funder to support making it free to access again in the future.

If you'd like a print copy of the handbook, it's available in our online shop.

Updates to the Benefits for Migrants Handbook

27 February 2025

Recent updates to the Benefits for Migrants Handbook (for subscribers) include:

• Chapter 9(2): Backdating child benefit and tax credits - This amendment is to warn that the ability for those granted refugee leave to claim child benefit backdated to the date of their asylum claim is ending, and will only be possible for those recorded as a refugee before 7 April 2025.
• Chapter 13(9): Funeral payments - This amendment is to take account of changes to the groups that can be entitled to a funeral support payment for a funeral that takes place in an EEA country.

Test case update

27 February 2025

The Court of Appeal has refused the Secretary of State’s renewed application for permission to appeal the Upper Tribunal’s decision in SSWP v VB and AD. The Upper Tribunal held that a Norwegian national with pre-settled status had a right to reside for the purposes of a joint claim for universal credit (UC) both as a self-employed person (on account of her taking steps to set herself up as self-employed as at the date of her claim for UC) and as a self-sufficient person. For further details, see 

Right to reside for EEA national with pre-settled status: preparatory steps and self-employment and self-sufficiency for ineligible partners SSWP v VB and AD [2024] UKUT 212 (AAC)

Updates to the Welfare Benefits and Tax Credits Handbook

26 February 2025

Key updates to the Welfare Benefits and Tax Credits Handbook (for subscribers) include:

• Chapter 5 / Section 3 / Transitional element / When the transitional element reduces or stops / Reduction of the transitional element
  - Updated to reflect the recent decision of the Upper Tribunal in SSWP v MJ [2025] UKUT 35 (AAC). In that decision, it was held that the reduction (or ‘erosion’) of the claimant’s transitional protection (in this case, the transitional SDP element) was unlawful as a breach of her human rights. The claimant was a carer who had become entitled to the limited capability for work-related activity element. The immediate and complete erosion of her transitional protection left her worse off on UC and was unlawful discrimination. The judge held that the correct approach was to limit the erosion of the transitional protection to the difference between the carer element (which the claimant had been entitled to) and the limited capability for work-related activity element (which replaced the claimant’s carer element).

New articles from the Welfare Rights Bulletin

18 February 2025

The free articles from the latest issue of the Welfare Rights Bulletin are:

• Managed migration in 2025 - Simon Osborne reviews where the managed migration to universal credit (UC) process has got to and what lies ahead in 2025.
• ESA to UC: run-on unlawfulness? - Martin Williams considers whether those migrating from ESA to UC whose ESA includes contributory ESA as well as income-related ESA are discriminated against during their first assessment period.

And the articles for subscribers are:

• Tax credits: loose ends - As tax credits face the final curtain, there are a few outstanding issues that are worth mentioning. Mark Willis sets the stage.
• UC and cancer treatment - Jessica Strode looks at universal credit provisions regarding claimants who are undergoing treatment for cancer by way of chemotherapy, radiotherapy or immunotherapy.

New issue of the Welfare Rights Bulletin

17 February 2025

The February 2025 edition of the Welfare Rights Bulletin (Issue 304) (for subscribers) is online now.

Test case update

11 February 2025

In SSWP v MJ, the Upper Tribunal has allowed the Secretary of State’s appeal but remade the decision in the claimant’s favour.  

MJ’s universal credit included a carer element and a transitional SDP element (TSDPE). The award of a limited capability for work-related activity (LCWRA) element left her worse off. Her TSDPE was eroded by the amount of the LCWRA element although her UC maximum amount had only increased by the difference between the carer element and the LCWRA element. 

The Upper Tribunal decided that MJ had been unlawfully discriminated against and that her TSDPE should only erode by the difference between the carer element and the LCWRA element. For further details including what claimants in a similar position should do, see

Erosion of disabled carer’s TSDPE due to addition of LCWRA element and removal of carer element SSWP v MJ [2025] UKUT 035 (AAC)

Test case update

4 February 2025

The DWP now accepts that SSWP v AT can also be relied on by third country nationals who are family members of EU nationals with pre-settled status. The DWP amended its guidance on 3 February 2025 to confirm this (ADM 06/24). We've updated our test case page and our note for advisers on SSWP v AT

Destitute EU nationals with PSS can rely on EU Charter of Fundamental Rights to obtain Universal Credit - SSWP v AT (AIRE Centre and IMA Intervening) [2022] UKUT 330 (AAC); SSWP v AT [2023] EWCA Civ 1307.

Note for advisers (pdf).

Updates to Benefits for Migrants Handbook

31 January 2025

Recent updates to the Benefits for Migrants Handbook (for subscribers) include: 

• Chapter 7(3) / You require leave to enter or remain but do not have it / Extension of leave: This amendment is to note the recently updated DWP guidance confirming that, if a claimant does not have an eVisa, an expired BRP card can be used as evidence of immigration status and identity.   
• Chapter 16(4) / The single competent state / Sickness benefits / Scenarios if a pension is paid by another member state: This amendment is to note a new Upper Tribunal decision: SE v SSWP [2024] UKUT 405 (AAC) which held that a claimant's entitlement to carer's allowance, due to her competent state being her state of residence (the UK), was not removed by her husband receiving a pension from Switzerland.

Updates to the Welfare Benefits and Tax Credits Handbook

28 January 2025

Key updates to the Welfare Benefits and Tax Credits Handbook (for subscribers) include:

• Chapter 3, section 7: Alternative payment arrangements
• Chapter 51, Section 9: The deductions/Rent arrears

These changes reflect the High Court's recent decision in Roberts v SSWP and Guinness Partnership Trust Ltd  [2025] EWHC 51 (Admin). The High Court decided that it is unlawful (by way of procedural unfairness) for the DWP to set up an alternative payment arrangement to pay the UC housing element direct to the landlord or to make a third-party deduction for rent arrears without the claimant first having been given the chance to make representations. 

• Chapter 5, Section 3: Limited capability for work-related activity element
• Chapter 5, Section 3: Transitional element/When the transitional element reduces or stops/Reduction of the transitional element
• Chapter 45, Section 1: Limited capability for work-related activity/Treated as having limited capability for work-related activity

These amendments reflect changes in the rules about transfer to UC from legacy benefits in The Social Security (Miscellaneous Amendments) Regulations 2025 No.3. 

Test case update

15 January 2025

Erosion of disabled carer’s TSDPE due to addition of LCWRA element and removal of carer element MJ v Secretary of State for Work and Pensions (UA-2023-000561-USTA)

MJ’s universal credit included a carer element and a transitional SDP element (TSDPE). The award of a limited capability for work-related activity (LCWRA) element left her worse off. Her TSDPE was eroded by the amount of the LCWRA element although her entitlement had only increased by the difference between the carer element and the LCWRA element (because her award could no longer include a carer element once she was awarded the LCWRA element). The First-tier Tribunal found that MJ had been unlawfully discriminated against on the basis that she was a carer and that her TSDPE should only erode by the amount by which her maximum UC had increased (ie the difference between the carer element and the LCWRA element). The SSWP appealed to the Upper Tribunal. The appeal was heard on 30 October 2024. Judgment is awaited.  See What this means for claimants.

Updates to the Debt Advice Handbook

15 January 2025

Recent updates to the Debt Advice Handbook include: 

• Chapter 4/Fines & civil penalties/Private parking charges/Special features: The Private Parking Sector Single Code of Practice (v.1) created jointly by the British Parking Association and the International Parking Community has now come into force. It replaces the draft Code published by the Government which has not been proceeded with.
• Chapter 10/DROs/Who can apply for a DRO/Issues with particular types of expenditure: The DRO Team has produced new guidance on the inclusion of expenditure on alcohol and tobacco in calculating the client's disposable income.
• Chapter 10/Who can apply for a DRO/Issues with particular types of property/Right to claim compensation: The FCA has extended the time firms have to respond to complaints about car finance commission arrangements (including Discretionary Commission Arrangements) until 4 December 2025.

New articles from the Welfare Rights Bulletin

6 January 2025

The free article from the latest issue of the Welfare Rights Bulletin is:

• After you’ve won – appeal outcomes and delays - Advisers report delays in First-tier Tribunal (FtT) decisions on universal credit (UC) being implemented by the DWP. Jessica Strode explains what claimants can do when a FtT decision appears not to have been given effect.

And the articles for subscribers are:

• Safely does it in PIP - You can’t do anything, for personal independence payment (PIP) purposes, unless you can do it ‘safely’. Carri Swann looks at relevant caselaw and guidance, and considers some fundamental questions for advisers.
• Pension age disability payment - A new pension age disability benefit is being introduced in Scotland, as described by Alison Gillies.
• ‘Nil awards’ of UC – a zero-sum game? - Henri Krishna takes a look at so-called ‘nil awards’ of universal credit.

Updates to Benefits for Migrants Handbook

20 December 2024

Recent updates to the Benefits for Migrant's Handbook (for subscribers) include: 

• Chapter 9(2) Benefits and tax credits for people granted leave following an asylum application - These amendments are due to the replacement of BRP cards with eVisas, and the extension, from 28 to 56 days, of the 'move-on period' from asylum support to benefits for those granted leave further to an asylum claim.
• Chapter 11(3) The right to reside / Means-tested benefits/ The type of residence right you need Pre-settled status - The new HB Circular A10/2024 has been included in the references to the text in Step 7.
• Chapter 12(13) Self-sufficient people and students / Sufficient resources - This amendment is to due to a new decision: SSWP v Versnick and Another [2024] EWCA Civ 1454, in which the Court of Appeal upheld the decision of SSWP v WV (UC) [2023] UKUT 112 (AAC).

New issue of the Welfare Rights Bulletin

18 December 2024

The December 2024 edition of the Welfare Rights Bulletin (Issue 303) (for subscribers) is online now.

Funeral expenses in Scotland

5 December 2024

We have updated our page on funeral support payment to reflect amendments which came into force on 2 December 2024. Now, if a funeral takes place outside the area where the deceased person lived, the amount of the funeral support payment awarded will be what is reasonable rather than the amount that would have been paid if the funeral had taken place in their local area. Other amendments include that a funeral support payment can now be made in exceptional circumstances when the funeral takes place outside the UK. 

Test case update

29 November 2024

Right to reside based on self-sufficiency SSWP v WV (UC) [2023] UKUT 112 (AAC); SSWP v Versnick and Another [2024] EWCA Civ 1454

The Court of Appeal  has dismissed the Secretary of State’s appeal against the Upper Tribunal (UT) decision in a case where the claimant was represented by CPAG. The Court of Appeal also refused the SSWP permission to appeal to the Supreme Court. 

This case concerned an EEA national (WV) and his British citizen wife, for whom WV was a carer.  The UT held the couple were entitled to UC on the basis that WV had a right to reside as a self-sufficient person. Prior to the UC claim, he had been financially reliant on carer’s allowance and benefits paid to his wife (including income-related ESA), although crucially, the amount of ESA paid to his wife had not increased when they became a couple.  Although the UC paid to them as a couple was more than would be paid to his wife as a single person, the cost of awarding it, and similar such claims which would also now fall to be allowed, was held not to be an unreasonable burden on the UK social assistance system.

Updates to the Welfare Benefits and Tax Credits Handbook

29 November 2024

Key updates to the Welfare Benefits and Tax Credits Handbook (for subscribers) include:

• Chapter 37 / 5. Winter fuel payments: These further amendments reflect rules confirming the replacement for winter fuel payments in Scotland. Pension-age winter heating payment is introduced from 2024: The Winter Heating Assistance (Pension Age) (Scotland) Regulations 2024, SSI 2024 No.351. Amounts and conditions are as for winter fuel payments. In 2024, the pension-age winter heating payment will be administered by the DWP.
• Chapter 52 / 1. Hardship payments of universal credit / Recovery of hardship payments: This amendment refers to a DWP scheme, introduced in November 2024, for claimants to request a review of a request to waive their UC hardship repayment made between 2014 and 2021, if they can show that recovery would have caused them hardship or affected the health of themselves or their family. 

Scottish benefits

21 November 2024

See our new page on pension age winter heating payment which is replacing winter heating payments in Scotland from this winter. Although the DWP are making payments on behalf of Social Security Scotland this year. Social Security Scotland intends to start making the payments for winter 2025/26.

New edition of Fuel Rights Handbook

4 November 2024

The latest edition of the Fuel Rights Handbook is now available and is free to access, thanks to funding from the Indigo Trust and the Clothworkers’ Foundation.

It covers all aspects of the rights of gas and electricity consumers in England, Wales and Scotland, including liability, dealing with arrears and preventing disconnection, complaints, and the latest energy efficient schemes. With an emphasis on the legal protection of vulnerable consumers, and on practical advice pursuing complaints and compensation, this handbook provides essential information on the reduction and prevention of fuel poverty.

Test case update

4 November 2024

Two-child limit non-consensual conception exception ordering rule - R (LMN and EFG) v SSWP [2024] EWHC 2577 (Admin)

The High Court has granted permission to apply for Judicial Review. This case concerns the exception to the two-child limit on the basis of non-consensual conception and the requirement, for this exception to apply, that it is the third or subsequent child who was conceived non-consensually. It argues that the refusal of a UC child element in respect of a third or subsequent child conceived consensually, when the child element has been awarded for either one or two children in the family who have been conceived non-consensually, is discriminatory and irrational. 

Test case update

29 October 2024

Right to reside based on self-sufficiency - SSWP v WV (UC) [2023] UKUT 112 (AAC); Versnick & Anor. v SSWP (CA-2024-000119) 

The hearing in the Court of Appeal was on 22–23 October 2024. Judgment is awaited.

New appeal submission template

28 October 2024

We've added a new appeal submission template (FTT20). This can be used if your client has transferred to universal credit (UC) while getting both income-related and contributory employment and support allowance (ESA), and the DWP has taken their contributory ESA into account as income for the whole of the first UC assessment period (including for the period of the two week run-on that applies to income related ESA):

• Tools and templates - Migration to universal credit - Transferring from ESA to UC

Updates to the Debt Advice Handbook

28 October 2024

Key updates to the Debt Advice Handbook include:

• Chapter 6/Using contract law/Contracts made under undue influence: An Economic Abuse Evidence Form has been rolled out by Surviving Economic Abuse in partnership with Money Advice Plus to support victims-survivors with debts.
• Chapter 10/DROs/Who can apply for a DRO/Issues with particular types of property/Right to claim compensation: The DRO Team has confirmed that potential compensation for motor finance Discretionary Commission Arrangements complaints (currently the subject of an FCA investigation) do not need to be scheduled to a DRO application as property until the client has received confirmation they are entitled to compensation.
• Chapter 11/Before starting court action/Alternative dispute resolution/Local county court mediation schemes: With effect from 1 October, the CPR have been amended to give the court power to order the parties to engage in ADR and must consider this when giving directions on the fast, intermediate and multi-tracks.

New edition of Children's Handbook Scotland

28 October 2024

The latest edition of the Children's Handbook Scotland is now available and is free to access. 

Fully updated for 2024/25, this publication is intended for those who advise and work with children and families in Scotland. It covers situations where a child is living away from home, or away from their parents, for a variety of reasons and the rules affecting benefits and tax credits in these circumstances.

Updates to Benefits for Migrants Handbook

24 October 2024

Key updates to the Benefits for Migrants Handbook (for subscribers) include:

• Chapter 13 / 4. Disability and carers' benefits: The rules for the new pension age disability payment, which is being introduced in some areas of Scotland from 21.10.24, in relation to immigration status, residence and presence and temporary absence abroad.
• Chapter 12 / 4. European Union settlement scheme / Moving from pre-settled to settled status: The increase in the duration of the extension of pre-settled status from 2 to 5 years for those who have not yet been granted settled status by the date their pre-settled status would have expired.
• Chapter 12 / 11. Self-employed people: The inclusion of a recent Upper Tribunal decision, SSWP v VB (UC) [2024] UKUT 212 (AAC) confirming the rights to reside of an EEA national both on the basis she was establishing herself as a self-employed person in the UK and also that she had 'sufficient resources' to mean that she had a right to reside as a self-sufficient person.
   

Updates to Welfare Benefits and Tax Credits Handbook

24 October 2024

Key updates to the Welfare Benefits and Tax Credits Handbook (for subscribers) include:

• Chapter 41 / Section 1. Universal credit / How student income affects universal credit / Student loans: This amendment is to reflect the recent decision of the Upper Tribunal in SO v SSWP [2024] UKUT 305 (AAC), which holds that the Welsh government learning grant is to be taken into account as part of a student’s unearned income for universal credit.
• Chapter 37 / Section 5. Winter fuel payments: This amendment (in the 'Future changes' box) is to reflect the announcement by the Scottish government of 24 September that, contrary to previous plans, pension age winter fuel payment (the replacement in Scotland for winter fuel payments) is after all to be introduced in winter 2024, and not deferred until winter 2025. However, the new benefit is expected to have the same rules as winter fuel payment and, for 2024/25, will be administered by the DWP and not Social Security Scotland.
   

Updated version of Debt Advice Handbook Scotland

22 October 2024

There's an updated version of the Debt Advice Handbook Scotland now available for free.

Fully indexed to make it easier to use, this version also includes a glossary plus a brand new chapter on student debt.

New issue of the Welfare Rights Bulletin

16 October 2024

The October 2024 edition of the Welfare Rights Bulletin (Issue 302) (for subscribers) is online now.

From this month, one of the articles from each Bulletin will be available free, the others will only be available to those with a subscription. This issue's free article is:

• Work, limited capability for work and universal credit - Owen Stevens examines the impact of work on claimants with an award of universal credit on the basis of limited capability for work.

And the articles for subscribers are:

• Are assessments and PIP transforming? - Carri Swann explains what we know about the DWP’s Health Transformation Programme and considers its impact in 2024 and beyond.
• Going in the right direction - Martin Williams discusses how advisers can use applications for directions to the First-tier Tribunal in appropriate cases to ensure the best outcomes for appeals.
• Carer’s allowance and overpayments: déjà vu - Barbara Donegan looks at law, policy and practice regarding overpayments of carer’s allowance.

New appeal submission template

4 October 2024

We have added a new appeal submission template challenging the calculation of the UC transitional element following managed migration from child tax credit (CTC) to UC. It's for use if the DWP wrongly included a child element in the ‘indicative UC amount’ for a young person experiencing an interruption to their education when they counted as a 'qualifying young person' for CTC but do not for UC.

• Migration to universal credit: tools and templates - managed migration - transitional element

New tool

1 October 2024

Use our new tool to check the date from which a limited capability for work-related activity element should be included in your universal credit award. If you don't have a subscription it's free to access until January 2025:

• From what date should my universal credit limited capability for work-related activity element start?
   

September 2024

Updates to the Welfare Benefits and Tax Credits Handbook

23 September 2024

Key updates to the Welfare Benefits and Tax Credits Handbook (for subscribers) include:

• Chapter 69 / 6.Disability and carer’s benefits/European Union co-ordination rules/When the past presence test does not apply/box under the Note including the footnote: This amendment is to reflect that from 7 November 2024, rules regarding a ‘genuine and sufficient link’ no longer require that link to be to the ‘UK social security system’, but rather to the ‘UK’. This change, made to bring the wording of the rules consistent with the 2019 decision of the Court of Appeal in Kavanagh and another v Secretary of State for Work and Pensions, is made by The Social Security (Genuine and Sufficient Link to the United Kingdom) (Amendment) Regulations 2024, SI No.936.
• Chapter 72 / 1.Overview of the Scottish social security system / Future changes box: This amendment is to update information on the introduction of pension age disability payment, the replacement for attendance allowance in Scotland. Introduction is due for new claimants in five local authority areas from 21 October 2024, with extension to more areas scheduled for March 2025 and full roll-out in Scotland by 22 April 2025.
   

New appeal submission template

23 September 2024

We've added a new template appeal submission challenging the calculation of a universal credit (UC) transitional element following managed migration from child tax credit (CTC) to UC. It’s for use if a child element is wrongly included in the 'indicative UC amount' in respect of a 19-year-old who counted as a qualifying young person for CTC but who does not count as a qualifying young person for UC (because they have reached 1st of September after their 19th birthday):

• Migration to universal credit: tools and templates - managed migration

Tools to help you check migrants' benefit entitlement

18 September 2024

To mark the release of the latest edition of our Benefits for Migrants Handbook, from 18 September to 18 November 2024 we’re offering free access to two of our tools so you can use them even if you don’t have a subscription:

• Are you a ‘person subject to immigration control’?
• Do you have a right to reside?

Try them out and let us know what you think by emailing: [email protected]

Updates to the Debt Advice Handbook

13 September 2024

Key updates to the Debt Advice Handbook:

• Chapter 2/6. Challenging poor debt collection/The Consumer Credit Sourcebook: The FCA’s ‘consumer duty’ has been extended to ‘closed products’ with effect from 31 July 2024.
• Chapter 7/3. A-Z of benefits and tax credits/Social fund payments: New Alert: The winter fuel payment for 2024/25 will only be paid to people over pension age where the household is in receipt of pension credit or other DWP means-tested benefits.
• Chapter 10/3. Bankruptcy/How bankruptcy can affect a client/Motor vehicles: The replacement car value in bankruptcy has risen from £2,000 to £3,250.
• Chapter 11/2. Before starting court action/Alternative dispute resolution/Using the Financial Ombudsman Service: Ombudsman News issue 193 contains guidance for professional representatives (- eg, debt advisers) on referring a complaint to the Financial Ombudsman Service.

New edition of Benefits for Students in Scotland Handbook

30 August 2024

The 2024/25 edition of the Benefits for Students in Scotland Handbook is now available and is free to access.

Test case update

27 August 2024

The Upper Tribunal has held that a Norwegian national with pre-settled status had a right to reside for the purposes of a joint claim for universal credit (UC) both as a self-employed person (on account of her taking steps to set herself up as self employed as at the date of her claim for UC) and as a self-sufficient person. See our test case update for details:

SSWP v VB and AD [2024] UKUT 212 (AAC), 13 August 2024.

New edition of the Benefits for Migrants Handbook

27 August 2024

Fully updated for 2024/25, the fifteenth edition of the Benefits for Migrants Handbook (for subscribers) is online now.

Updates to the Welfare Benefits and Tax Credits Handbook

23 August 2024

Updates to the Welfare Benefits and Tax Credits Handbook include:

Chapter 37 Winter fuel payments: Amended to reflect changes to the rules on winter fuel payments as introduced by The Social Fund Winter Fuel Payment Regulations 2024, SI 2024 No.869. In particular, from 2024 the previous rules are revoked, and in the new rules it is a condition of entitlement that the claimant (or partner in a couple) is entitled to specified means-tested benefit or tax credit. (Although the revocation of the old rules applies throughout Great Britain, the new rules in this regulation apply to England and Wales only: it is expected that identical changes will apply in Scotland.) 

Latest articles

14 August 2024

The following new articles are all free to access online:

• Advice hacks - A combination of cuts and rising demand mean that time is a scarce resource for welfare rights advisers dealing with DWP benefits. Owen Stevens sets out various time-saving ‘hacks’ to help advisers achieve results quickly and efficiently.
• Tax credits after pension age – where now? - Mark Willis and Simon Osborne describe plans and legislation for ‘managed migration’ of tax credit recipients of pension age.
• Not finding fault: any ground revisions - Owen Stevens and Martin Williams consider issues with ‘any ground revisions’ of universal credit (UC) decisions. Typically, such issues arise where a decision awarding UC is incorrect when made due to the claimant not declaring the correct circumstances in a claim.

New issue of the Welfare Rights Bulletin

14 August 2024

The August 2024 edition of the Welfare Rights Bulletin (Issue 301) (for subscribers) is online now.

Updates to the Benefits for Migrants Handbook

31 July 2024

Key updates to the Benefits for Migrants Handbook (for subscribers):

• Chapter 11/3. The right to reside/Means-tested benefits/The type of residence right you need/Pre-settled status: amendments to potential arguments for claimants with pre-settled status, but no qualifying free movement rights, to take account of recent caselaw and new DWP guidance.
• Chapter 16/4. Principles of co-ordination/The single competent state/sickness benefits/Determining the competent state for sickness benefits: replacement guidance memos on how to determine the competent state for specific disability and carer benefits if a member of the family is working in an EEA state. 

New tool

22 July 2024

If you need your client to download information from their universal credit online account in order to advise them, use our new, free tool which generates step-by-step instructions for your client. It drafts a note which you can send to your client explaining how to find and download:

• the journal entries on their account;
• their claim details (including the date their claim was submitted and the details they gave when making the claim); and/or
• the payment statements showing how their award has been calculated.

Create instructions for clients on how to get the information you need from their online universal credit account.

Update to the Welfare Benefits and Tax Credits Handbook

12 July 2024

Updates to the Welfare Benefits and Tax Credits Handbook include:

• Chapter 27/7. Claims and backdating/Making a claim: HMRC is not accepting child benefit claims via the app, you must be registered with the Government Gateway to submit the claim form online.

Updates to the Debt Advice Handbook

11 July 2024

We've updated our Debt Advice Handbook. Key updates include:

• Chapter 9/Debt respite schemes/Breathing space scheme/Eligibility/Excluded debts: mortgage capital which has fallen due for payment as a result of mortgage arrears is not a qualifying debt for breathing space because it is a ‘secured debt which does not amount to arrears in respect of secured debt’ (Reg 5(4)(a) Debt Respite Regulations);
• Chapter 10/DROs/After the application is made/Reporting changes of circumstances: where a client acquires a vehicle during the moratorium with a value of up to £4,000 on or after 28 June 2024, the DRO Team says advisers should enquire how the client has managed to acquire a vehicle of greater value than a previous vehicle, or a new vehicle, given the DRO property, disposable income and borrowing limits.

Judicial review pre-action protocol template letters

5 July 2024

We have replaced our downloadable judicial review (JR) pre-action template letters with descriptions of them so that we can provide the most effective support with the pre-action protocol to advisers. You can still contact us for copies of the letters and we will help you draft them, check evidence and give you support with the judicial review process.  Alternatively, if you want to use the arguments in the JR template letters to challenge the decision another way, we are happy to send copies of any of the letters to you. 

Get in touch with our Judicial Review Project for support and help at [email protected].

New appeal submission template 

1 July 2024

A new appeal submission template has been added challenging the 'erosion' of the transitional element when the amount awarded for the housing costs element increases because the claimant satisfies the overnight care condition:

Migration to UC tools and templates - Managed migration: transitional element 

New debt advice handbook for Scotland

27 June 2024

Our new handbook, Debt Advice Handbook Scotland, is now available for free. Written in partnership with Citizens Advice Scotland and Money Advice Scotland, and with support from the Scottish government, it details the elements of the debt advice process in Scotland and the key skills needed to give good advice.

The handbook provides comprehensive information for advisers about strategies to help clients with their financial difficulties appropriately. It covers the key stages of money advice, including:
•    interviewing clients
•    establishing liability
•    prioritising debts
•    preparing a financial statement
•    negotiating with creditors, and
•    dealing with sheriff officers. 

Debt Advice Handbook Scotland is the go-to tool for specialist debt adviser as a first step in accessing primary legislation and regulations, and is also a reliable guide and training aid for the new debt adviser. Advisers who undertake debt advice alongside other sorts of advice work or other professional disciplines – such as social workers and housing officers – will also find this handbook an indispensable resource.
 

Latest articles

24 June 2024

The following new articles are all free to access online:

• A reflection on litigating for impact at CPAG
  The role of test cases and some areas of interest.
• LCWRA and migration to UC
  When a claimant with limited capability for work-related activity migrates from the legacy benefit system to universal credit (UC), how is that reflected in the UC award?
• National insurance credits for limited capability for work
  When someone should get NI credits for LCW, how they are claimed, and some of the advantages of getting them.

Updates to the Welfare Benefits and Tax Credits Handbook

20 June 2024

Amendments to the Welfare Benefits and Tax Credits Handbook (for subscribers) to reflect that from July 2024, the government will begin a process of ending awards of tax credits paid to claimants of pension-age. It will invite these claimants to claim either universal credit (where the tax credit entitlement includes working tax credit) or pension credit (where the tax credit entitlement is for child tax credit only). 

This requires a number of amendment to the rules. These include those regarding managed migration to universal credit (so as to allow for managed migration including transitional protection in relevant cases) and pension credit (so as to provide for a child tax credit closure notice and transitional protection in pension credit in relevant cases), as well as consequential changes to rules such as the universal credit age rules and benefit cap.

The changes are provided for in The Social Security (State Pension Age Claimants: Closure of tax Credits) (Amendment) Regulations 2024, SI 2024 No.611.
 

Updates to the Benefits for Migrants Handbook

16 June 2024

Key updates to the Benefits for Migrants Handbook (for subscribers):

• Chapter 13(4): European Union co-ordination rules / When the past presence test does not apply: a new Upper Tribunal case confirms that being covered by the Withdrawal Agreement protections means the main EU co-ordination rules 'apply' to the claimant for the purpose of disapplying the past presence test for disability and carer's benefits.
• Chapter 7(3): Your leave has a 'no recourse to public funds' condition / Domestic violence: benefit consequences of recent changes to the immigration policy for people with leave based on their partner relationship when that relationship breaks down due to domestic violence or abuse.
• Chap 11(3): Means-tested benefits / The type of residence right you need: pre-settled status: amendments to potential arguments for claimants with pre-settled status, but no qualifying free movement rights, to take account of recent caselaw and links to CPAG resources.

Tools and templates

14 June 2024

Our new tool helps you ask the DWP for a detailed explanation of how a transitional element has been calculated when you have transferred to universal credit under the managed migration process. It creates a note for you to add to the journal on an online UC account and may be helpful if you are not sure if there are grounds to challenge the DWP's decision on the amount awarded:

• Request a breakdown of the calculation of a universal credit transitional element 

Survey

14 June 2024

We've added a short survey to the site to gather evidence about the information the DWP gives to claimants on their entitlement to a UC transitional element and its calculation following managed migration. Please help us by completing it if you have relevant cases.

Tools to help you draft mandatory reconsideration requests

28 May 2024

From 28 May to 28 June 2024 we’re offering free access to three of our tools so you can use them even if you don’t have a subscription:

• Personal independence payment: mandatory reconsideration letter
• Employment and support allowance work capability assessment: mandatory reconsideration letter
• Universal credit work capability assessment: mandatory reconsideration letter

Try them out and let us know what you think by emailing: [email protected]

Disability Rights Handbook - new edition

28 May 2024

The 2024/25 online edition of the Disability Rights Handbook (for subscribers) is now live.

Test case update: right to reside based on self-sufficiency

2 May 2024

Following the Upper Tribunal's decision in our test case SSWP v WV (UC) [2023] UKUT 112 (AAC), the DWP has issued ADM Memo 04/24: Self sufficiency and the WV decision. See the update on our test case page: Right to reside based on self-sufficiency for the implications for claimants.

Welfare Rights Bulletin (Issue 299) April 2024

The April 2024 edition of the Welfare Rights Bulletin (Issue 299) (for subscribers) is online now. Read the articles for free:

• Tax credits and mandatory reconsideration
• The transitional element in practice - an update
• UC: claims and defects: about what it means to make a 'valid' claim for UC.
• 'Cross-examined'? How the tribunal asks questions: recent caselaw on how appellants should be questioned in the First-tier Tribunal.
• Right to reside after AT

Welfare Benefits and Tax Credits Handbook - new edition

6 April 2024

The 2024/25 online edition of the Welfare Benefits and Tax Credits Handbook (for subscribers) is now live.

Updates to the Debt Advice Handbook

2 April 2024

Key updates to the Debt Advice Handbook:

• Chapter 4: Utilities and household debt/Water charges/Special features: New Ofwat guidance published setting out its minimum expectations of water companies in helping vulnerable customers.
• Chapter 8: Deciding on priorities/TV licence: Cost of colour TV licence increases to £169.50 from 1 April 2024.
• Chapter 10: DROs/Who can apply for a DRO/Qualifying conditions: Prescribed total debt limit increases to £50,000 from 28 June 2024.
• Chapter 10: DROs/Who can apply for a DRO/Qualifying conditions/Calculating the amount of surplus income etc: Prescribed value of single domestic motor vehicle increases to £4,000 from 28 June 2024.
• Chapter 10: DROs/Making the application: The £90 DRO application fee has been removed from 6 April 2024.

Test case update: right to reside based on self-sufficiency

26 March 2024

The Court of Appeal has granted the Secretary of State permission to appeal in our test case: SSWP v WV (UC) [2023] UKUT 112 (AAC)

Test case update: backdating of universal credit

1 March 2024

The Court of Appeal has confirmed that a claimant can make a request for backdating even after their universal credit claim has been decided. See our test case update for details.

Welfare Rights Bulletin (Issue 298) February 2024

28 February 2024

The February 2024 edition of the Welfare Rights Bulletin (Issue 298) (for subscribers) is online now. Read the articles for free:

• DWP's Targeted Case Review
• Ever increasing: conditionality and sanctions
• Extra! Extra! Transitional SDP element additions

Debt Advice Handbook updates

19 February 2024

Key Debt Advice Handbook updates:

• Chapter 2 - Challenging poor debt collection - The Consumer Credit Sourcebook. Consumer Duty guidance update
• Chapter 8 - Deciding on priorities - TV licence. BBC announcement of increased support for people struggling to pay their TV licence
• Chapter 9 - Debt respite schemes - Mental Health Crisis Moratorium. HM Treasury and Insolvency Service’s guidance update their guidance in the light of 2023 High Court judgments
• Chapter 12 - Dealing with judgment debts - Setting aside a judgment – Applications. High Court disagrees that Denton relief from sanctions principles apply to set aside applications.

New appeal submission template for 'closed' universal credit claims

16 February 2024

New appeal submission template added - for use when the DWP has 'closed' a universal credit claim following a failure to attend an initial evidence meeting.

Test case update: pre-settled status

7 February 2024

Confirmation that in some circumstances UC can be awarded to people with pre-settled status who have no qualifying EU right to reside. The Supreme Court has refused the SSWP’s application to appeal SSWP v AT [2023] EWCA Civ 1307, see our test case update for details. 

Welfare Benefits and Tax Credits Handbook updates

15 January 2024

Key Welfare Benefits and Tax Credits Handbook updates:

• Chapter 35, Section 6 - Making a claim (first footnote). This amendment is to indicate that online claims for PIP are now possible, albeit initially only in certain postcode areas.
• Chapter 41,Ssection 1 - How student income affects universal credit - Student loan, and Chapter 41, section 6 - Loans - Calculating income from a student loan. These amend advice regarding treating a student without a loan as possessing one, in the light of the findings in IB v Gravesham BC and SSWP (HB) [2023] UKUT 193 (AAC) (7 August 2023) concerning what are 'reasonable steps' to take a loan out, and in particular the possibility of taking into account 'principled and conscientious' objections to doing so on the part of the claimant.
• Chapter 68, Section 1 - 'Who is a person subject to immigration control' - Your leave has a no recourse to public funds condition - box. This amends the list of benefits defined as public funds to reflect the changes to the rules from 5 October, as provided for by the Statement of changes to the Immigration Rules: HC 1780, 7 September 2023.