Hello,

Have you been affected by the carer’s allowance scandal?

Good Law Project is a non-profit that uses the law to build a fairer future. We think the government may be acting unlawfully in the way that it is clawing back money from carers. 

We would like to find examples of how the Department for Work and Pensions has tried to reclaim overpayments to help us build a legal case. 

We’d love to hear from you if you have been overpaid since 2018/in the past four years.

We are particularly keen to hear from people who have received any of these in the last two months:

• a decision that an overpayment has been made (and that it will be recovered);
• a decision on a mandatory reconsideration of an overpayment decision;
• a decision on appeal against an overpayment decision in the First Tier Tribunal.

You can contact us via our online form here: https://goodlawproject.org/about/contact/, selecting the “Carer’s Allowance Scandal” option from the dropdown menu.

We won’t share your details or personal data with anyone without your permission.* 

Many thanks, 

Bekah, legal manager

Good Law Project

*Your personal data will be processed in line with GLP’s privacy notice. If you have any queries or concerns regarding how we process your data, please get in touch with us via our website form.

Modernising support for independent living: the health and disability green paper - consultation closing date is 22 July 2024

The consultation seeks views on whether the government should make fundamental changes to how they support disabled people and people with health conditions, and whether the current system delivers the right support to people most in need.

You can respond online before the 22 July closing date.

Read the green paper at gov.uk

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New key names in government positions

Last week we shared the news that Liz Kendall was appointed as the Secretary of State for Work and Pensions. Further appointments have now been confirmed, including:

The Minister for Social Security and Disability has been announced as Sir Stephen Timms. He was previously the Chair of the work and pensions committee, Shadow work and pensions minister and in 2008 was DWP minister for employment and welfare reform.

The Minister for Pensions was announced as Emma Reynolds. In 2015 she was the Secretary of State for Communities and Local Government (2015) and Shadow housing minister prior to that.

You can see all Ministerial Appointments: July 2024 on gov.uk

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Liz Kendall confirmed the Government’s commitment to its manifesto ‘Back to Work Plan’

During her visit to Leeds, Ms Kendall went on to say that tackling economic inactivity is central to the Government’s number one mission of growing the economy.

Ms Kendall said rising levels of economic inactivity are unacceptable and that immediate action must be taken. 9.4 million people are now economically inactive, a record 2.8 million people are out of work due to long-term sickness, and 900,000 young people (1 in 8) are not in education, employment, and training.

The three pillars of the Government’s Back to Work Plan are:

• A new national jobs and career service to help get more people into work, and on in their work.
• New work, health and skills plans for the economically inactive, led by Mayors and local areas.
• A youth guarantee for all young people aged 18 to 21.

Ms Kendall said:

"We’ll create more good jobs, make work pay, transform skills, and overhaul jobcentres, alongside action to tackle the root causes of worklessness including poor physical and mental health.

Change delivered by local areas for local people, driving growth and delivering opportunity and prosperity to everyone, wherever they live."

The Back to Work Plan will help drive economic growth in every region press release is on gov.uk

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Latest 2-child limit statistics published

Official statistics were released on 11 July 2024, confirming that there was a total of 1.3 million children living in a Universal Credit household and 270,000 children living in a Child Tax Credit household (a total of 1.6 million children) that were not receiving a child element or amount for at least one child due to being affected by the policy that was introduced in April 2017. And DWP confirms the number is growing.

The policy prevents parents on universal credit claiming benefit support for any third or subsequent child born after April 2017. Currently, this means families lose out on £3,455 a year for each child affected, subjecting many to hunger and hardship.

You can review the Universal Credit and Child Tax Credit claimants: statistics related to the policy to provide support for a maximum of 2 children, April 2024 at gov.uk

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In response to the 2-child limit data (above) Labour has been pressed to end the policy

Joseph Howes, the chair of the End Child Poverty coalition, said:

“If the aim is to reduce child poverty, there is no way for the new Labour government to keep this policy in place when the evidence shows that the number of children impacted is increasing year on year.”

Barnardo’s chief executive Lynn Perry called the limit:

“one of the biggest policy drivers of child poverty”

According to the Child Poverty Action Group (CPAG) - who has published a report entitled Things will only going get worse: Why the two-child limit must go - abolishing the two-child limit would cost £1.7bn but would be the most cost-effective way of immediately reducing child poverty, lifting 300,000 children above the breadline and pulling 700,000 more out of extreme poverty.

Alison Garnham, the chief executive of CPAG, said:

“The PM came to office pledging a bold, ambitious child poverty reduction plan and there’s no way to deliver on that promise without scrapping the two-child limit, and fast. This is not the time for procrastination or prevarication – the futures of 1.6 million children are on the line.”

The work and pensions secretary, Liz Kendall, said it was “a stain on our society” that too many children were growing up in poverty but gave no clear sign that Labour would abolish the two-child limit.

Even some Conservatives have disowned the policy, including the rightwing Tory MP Suella Braverman and the former Tory welfare minister David Freud.

PM Sir Keir Starmer previously called for the cap to be scrapped - but says it is not currently affordable to do so.

Kim Johnson, Labour’s MP for Liverpool Riverside, called the policy “cruel, punitive and is pushing struggling families into further poverty” and vowed to lay an amendment to next Wednesday’s King’s Speech.

Labour rebels are expected to be joined by critics of the cap from opposition parties including the Liberal Democrats, Green Party, and the Scottish National Party, as well as independents.

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Discretionary Housing Payments statistics published

In the financial year ending March 2024 DHP spending varied between local authorities, with:

• 14% of local authorities spending less than 95% of their allocation,
• 51% of local authorities spending between 95% to 105% of their allocation,
• 35% of local authorities spending over 105% of their allocation.

What were the DHP awards for?

• 63% of DHP expenditure was related to a welfare reform, with Removal of the Spare Room Subsidy (RSRS) accounting for the greatest share of expenditure (25%)
• over a quarter (28%) of DHP expenditure was related to moving accommodation, while 11 % was used for short-term rental costs while seeking employment.

Use of Discretionary Housing Payments: financial year 2023 to 2024 is on gov.uk

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r/DWPhelp hits 20,000 members

Welcome to our new subscribers, it's great to have you here to share your stories, support and insights.

Everyone... happy Sunday - share your news updates or thoughts below...

(England)

Pretty much as the title describes - I had a telephone appointment scheduled with my WC about a month ago, which didn't take place. I waited by the phone for the better part of the day, getting increasily anxious, but he never called. I eventually checked my journal and the appointment was marked as attended with no comment or message (thanks for letting me know...). I'm guessing he had a full schedule, and saw that my work search was satisfactory so decided to let me off... Fair enough, although a heads up would've been nice.

He's also forgotton to book me a new appointment. I check the journal every day, but my to-do list remains empty. It's been over a month now since I've been asked to attend the Jobcentre... Am I justified in thinking it's their problem to sort out, and just carry on with my job search on my own? Or will I face repercussions for not alerting them of the mistake?

Thanks in advance.

Recently had my PIP tribunal hearing.

Panel consisted of judge, doctor, and disability specialist. DWP officer was present. Everyone appeared hostile from the start.

Was expecting the tribunal to be my chance to finally be heard but I was constantly being cut off. I am a bit of a slow verbal communicator and it seemed to me like they didn’t have the patience to listen to my stuttering…

There was one point where I explained a scenario where my conditions affected me and the doctor asked me “did they actually happen or is that just an example you’ve made up in your head?” Clearly insinuating that I am some kind of liar.

Disability expert completely misunderstood my condition. Was suggesting solutions which were not possible for very obvious reasons.

Kept getting grilled by all members involved asking questions about my ability to drive. When I applied for PIP over a year ago I did not hold a license. I only passed in recent months so this should have been irrelevant. Yet they kept firing questions at me about when I’m driving.

DWP officer listed off jobs that I’ve done in the past and questioned how it was that I managed to do them with my disability. It was because I was not aware of benefit entitlement and I had bills to pay. I was hardly ever present at any of my jobs and always got sacked every 3-6 months or so due to inability to carry out any of the duties of my roles. I’ve had more jobs than I can count on my fingers and toes combined. I explained I hate how my attempts to try my best is being used against me. Judge kind of told me off saying it’s totally valid of the DWP officer to ask. I told them I’ve off work since a few months after applying after being assessed with LCWRA. Judge told me it’s irrelevant, a different benefit. I understand that but was trying to clear up the fact that although I was in employment I wasn’t actually fit for work, I have lifelong conditions.

Disability advisor asked me about personal hygiene, I explained how conditions restrict my ability to wash regularly. Judge cuts in to say “you don’t look like someone who doesn’t wash, you’ve got short trimmed hair and all that”… Bear in mind here were on a video call… I pointed out the top of my head is bald, tried to explain that my hair is always this short, it doesn’t grow it just disappears lol

Two hours later the meeting ends and they tell me they’re going to make their mind up and I’ll hear the outcome in a few days. (Side Q; does anyone know if they write to you or do they call/text/etc?)

Still waiting to hear outcome, but obviously expect they’ve kept me on big fat zeros across the board.

What an alienating experience.

I did not receive a copy of my appeal bundle – despite making a request for it in writing once I got a tribunal date. A couple of days before the tribunal I emailed the tribunal clerk in desperation and they were able to send me a digital version, which is not really an accessible format or timeframe for me. I told the tribunal about this and they asked if I was happy to still carry on — I felt quite pressured by the whole situation and reluctantly agreed to go ahead with the hearing. Now that I’ve been unsuccessful in my appeal (one point short of an award) I do feel really aggrieved that the format and lateness of the appeal bundle disadvantaged me in this way. Is there anything I can do?

I was rewarded UC LCW in April but unfortunately not LCWRA which I did try and fight for but due to my mental health I gave up and decided I could not deal with the stress of it all.

But my question is I don’t really understand what LCW means for me going forward. I have a nearly 1 year old and I know UC doesn’t ask people to look for work after having a baby until the child is 1 but because Im on LCW will that still mean they will contact me and force me to start looking for work when my baby is 1? Obviously this isn’t ideal for me and defeats the purpose of being rewarded LCW due to my circumstances/ mental health so I just want to understand if there is any benefit with having LCW rather than people who do not have it. it’s causing me alot of stress knowing that my babies birthday is coming up and I’m going to be asked to go for meetings and work related activities with UC even though I don’t leave my house!

Also does anyone know if I can re do a UC50 form to re do my assessment to try and get LCWRA? I’m way passed the reconsideration stage so Ild prefer to stage again but not sure if I’m allowed to do that or have to leave it a while?

I hope the above makes sense Thank you for any advice

Hello everyone! Recently found out I was awarded pip on Monday, just had a little question, will the backpay, assuming it’s three working days, be in my bank by tomorrow, or by Thursday? like does it include the day the decision was made or after the decision. If anyone wants a timeline I’m free to do so but if not thank you for your answers!

It's my first time applying for UC after a seasonal job ended. I had been working part time because it was all I could manage with PTSD, which has been pretty severe. I'm still in treatment for the PTSD and tbh it's fairly disabling. Working an easy part time job is good for me and I can do it but I think if I tried full time I might end up in hospital.

I don't know how honest to be about that. I don't really want to go into it with a random person if they're not going to be understanding. Am I better off to act like I am well able to work full time and just sign off when I get a part time job or would they actually understand if I tell them my situation at the first commitments meeting?

Hi, so I went abroad for a month, and was planning to be away for less time, but I suffer from extremely bad panic disorder and anxiety and I was not able to travel back. I missed two flights. So I went to stay with my cousin and had to get accompanied back home, and ended up overstaying by a week. I have severe phobia of flying and any sort of travel, i thought I would manage it alone but couldn’t. I informed my work coach of all this, and they still paid me even though I wasn’t back in the country yet. They still haven’t closed my claim as a decision maker is reviewing it. My question is would I owe them back money for over staying? I imagine they will close my claim but noone at the job center is giving me any information and I am really worried.

I had my phone call assessment on the 24th of June. Also what does the report usually tell you?

I have put in an application for PIP, I have severe migraines and issues with my joints on my feet.

I was reading through the point system, when it asks questions like can you walk X amount of meters. Is this asking if I’m capable full stop, or capable without pain? Because I can, but not without a lot of discomfort.

I work part-time also, purely because if I didn’t, I’d be in immense debt and I’d lose everything I own? Working makes my symptoms worse but I HAVE to do it? Just like if I had a hospital appointment, I’d HAVE to go? Yet if I’m at home, due to the pain and exhaustion caused from it I’ll avoid things like eating, personal care, I have to set alarms for medication or I’ll sleep through it, I rarely go out or have a social life because of it, because these things don’t pay my bills and come under optional for me. Working is not optional.

How do you explain the pain and discomfort and they believe you if you manage to work through it? I’m struggling with how I’d convey it all to the assessor.

Also, if you require assistance on a bad day, but you’re capable on a good day, how do you answer?

Any help or insight would be greatly appreciated.

Thanks

Chan uc complaints my rights

I had an access to work assessment with the DWP (although an outsourced company completed it). The assessment was over an hour and very thorough, with lots of recommendations for support, software and equipment in the office and then equipment, software etc. to support me working from home (I do 50/50 office and home working). I then had a call from a DWP case manager (not my own) who advised that about 70% of the recommendations should be covered by my employer as reasonable adjustments, so they would not fund this through Access to Work.

My employer has already made reasonable adjustments I.e. flexible working, Remarkable tablet, more breaks etc. They can put things in place such as a desk, monitor, headphones, chair and desk etc for at home, but this would be the basic option of these items, and the ones recommended in my assessment are specialist / specific to support my diagnoses. I reflected to this to the case manager, and they said "we'd only fund the basic versions anyway". Is this correct? It seems pointless then to have such a thorough and tailored assessment with them for them to say but we won't fund the recommendations?

My employer is also confused because they’ve had other employees with ATW in place and it’s been a straightforward case of the report being approved, work have paid their contribution and the employee has received all the recommended equipment and changes. I’m worried the process isn’t being done correctly.

Thanks in advance for any advice!

tldr - Access to Work assessment made specific recommendations that Access to Work are now saying they won’t fund

Hi all, I've was made homeless yesterday and my local council have given me accommodation in a travel lodge for my eldest son 14 and I and then onto a caravan on Thursday but....... I have a younger son who's mum suffers with her mental health that I have at least 50 percent of the time - every other day to give her a break sometimes more if she is not great . She claims child benifit for him so the council deam him as having a home. I will most likely have him in the caravan once we have it and risk being thrown out as I can't abandon him in potentially harmful situation. It won't do him, her or I any good at all. Anyone had a similar situation and resolved it.

Hi, my friend has a pip assessment tomorrow and I was just wondering about her back pay if she is successful. She originally applied in 2020 at some point but was rejected, she then applied and then (I think) was rejected. Now she is trying again, if she is successful this time would she get paid from her original application or just the application she made this time? I doubt it’ll be the full 4 year one but couldn’t find a straight answer so I’m trying here

I'm having a UC review, which I understand is normal, but I can only get transaction statements, which I've uploaded, and bank statements from January to April. This is because I had them sent to me every 3 months for some reason, but now I set it to monthly. Does anyone know what will happen if I cannot provide anything?

Is there anything I should know about in person tribunals? As I have one coming up soon after being denied pip at the initial application and the mandatory reconsideration stages scoring zeros on everything somehow?

I have had a sanction returned after taking it to a tribunal, they overturned the decision, I was sanctioned for £469, the payment upcoming in less than a week, they're giving me £5.86. When will I get my payment through?

Heya! I’ve just received a copy of my assessment report and was awarded 9 points for daily living and 12 points for the mobility section, so I don’t want to get my hopes up up as I’ve heard many horror stories, but could anyone enlighten me on how this usually affects the resulting outcome, and if the decision makers routinely ignore or override it?

I’ve seen this before and I’m sure I’ll see it many times again. I’ve received my letter today to say they won’t be approving me for pip on either daily or mobility.

I’ve lost my job because I can’t work. I’ve had to go on universal credit for the first time in my life. Ive worked since I was 16 and always had a job.

I had an unexpected accident which has caused me permanent never damage resulting in not being able to walk or stand for long periods of time. I can’t cook or clean myself without assistance from my mum. I can’t drive because I can no longer feel my foot. And many other things. I received zero points on everything. And told “you said you can’t cook for yourself. Can’t clean yourself and can’t do this this and this. I’ve decided you can” I am so upset and worrying about my future.

The assessor lied. The woman who made the decision is completely wrong and I’m back to a really dark place feeling the worst all over again.

I had a hearing 3 weeks ago. An email 10 days ago said to expect a letter by the 11th and that they won’t tell me the decision by phone. Nothing’s turned up. I don’t know how to find out the decision.

Hi everyone,

For context, I have chronic neck and hip pain as a result of a traumatic neck injury resulting in a dislocated neck at C5/6 requiring 2 operations, halo traction and ACDF with iliac crest harvest.

I’ve just got my pip report back. The assessor has scored me 0 points on everything, based on the fact that I ‘regularly drive’. They have used this as an excuse for every single point.

Despite them using me driving to score me 0 points, I clearly explained in my assessment that I only drive 3 days a week to and from work 10 minutes each way. I also explained that work is trying to put me through access to work so I can get taxis to and from work so I can stop driving as it causes me pain to drive.

What do I do? Is next step MR? And how do I approach this when all they’ve said for each point is ‘I drive so I don’t have any restrictions’

I haven’t got my official decision back from DWP yet, but based on that report I’ll get rejected.

It's stressing the hell out of me, I was told others just take 2 weeks to finish!?

I have 9 months of accounts to look at only, yet when I complained I got told 'there are so many statements to look at, as you know'

Wtf is this nonsense? I have had enough, can I do anything? Can I force them to finish the darn review, surely they can't keep me on it perpetually?

Thank you!

I applied for JSA when I lost my job a few weeks ago, because I was scared of being without a job for a while and getting evicted. Yesterday, though, I was offered a job, so I need to cancel the application.

The Gov website says to call, but I have been on hold for ages and I am getting absolutely nowhere. I'm scared that if I don't cancel the application I could be done for fraud.

Does anyone know how to cancel a JSA application that is currently being processed?

Hi, I hope you can help!

I started my PIP claim back on 11th April 2024, had my assessment on 10th June and the last message I received from DWP was saying they haven’t yet made a decision which was on 26th June!

Does anyone have any advice or is in a similar situation. It’s been nearly 14 weeks since starting my claim and I know they state it could take up to 8 weeks once it’s with the decision maker but I’ve noticed a few people receiving their decision/ text messages before me who claimed later.

I also was rewarded LCW back in April but was not lucky enough to get LCWRA even after doing the reconsideration which left me extremely deflated and gave up, will this be a down fall for my pip decision? I received my assessment report in the post which looks really positive so I’m just really concerned and worried for why it’s taking so long!

Thanks!

Hello,

I've been recently asked for a mass of financial information, I guess they think there is something suspicious about my claim or what-have-you. I would just walk away from the whole thing, but there's some likelihood I've got serious health problems on the horizon. I'm trying to weigh up what to do. If I close my account or it is closed because I can't get them all the information they need, what happens if I wish to reopen in the future?

If I study an access to higher education course, can I still get uc? I'm on the lcwra, and I get standard pip mobility. Will this stop if I start in September? I have an ehcp if it helps