Hi so I’m on UC Limited capacity to work and also High PIP.

I saw that the government essentially is now going through bank accounts and seeing if you’re spending the money on ‘suitable accommodations’. This really is worrying me.

I’m not spending my disability money on holidays or designer clothes but I was looking as surgery that the NHS won’t perform due to wait times and age and I’ve found a doctor who will on a payment plan. Now I want this surgery and no it’s not Botox, it will take weight off my heart and my muscles which is a huge part of my disability. Could I lose it all if I pay privately for a surgery?

My logic is if I get the surgery I’ll be able to stand longer hopefully and go back to a job atleast part time.

Any help would be appreciated

My mum reached pension age in October, but only applied for her state pension in January. It was awarded and backdated this past week.

The issue is that we have just discovered that you can't claim Carer's Allowance and state pension at the same time, and so her Carer's was not paid this week. However, as her pension has been backdated, doesn't this mean that for those months she was technically in receipt of both CA and her pension? And if so, does this mean her CA will have to be repaid?

If that is the case, how does she go about repaying it? She's heard a lot about the government prosecuting for CA overpayments so is a bit stressed about this. Any advice would be helpful!

I recently had my PIP review, they awarded me daily living but took away the mobility element. I am confused about it honestly, because getting around is the thing I struggle with the most. However, I'm a little bit concerned that if I appeal the decision, I risk them taking everything away if I get somebody different. Is the daily living they've awarded me protected if I appeal the decision on the mobility or no? Maybe I should just be relieved that I still have something and leave it.

Hey there,

I requested one last week. Hoping for one this week. Does anyone know how long it takes?

Thanks.

Good morning.

When the year of contribution based ESA is over, do people switch to UC?

How would that be affected if someone has LCWRA but their partner is working? I don't think we'd be entitled to any standard UC due to my partner's earnings. We have no children. But I am unable to work at the moment, and I'm wondering if I will get anything at all if I am LCWRA after my ESA runs out.

Asking on behalf of a friend who doesnt use Reddit.

She’s currently on maternity leave so her UC is of course covering her rent and bills and she’s been very lucky whereby she’s currently buying a house even while on maternity leave. Obviously she knows that you don’t get your mortgage paid for you but she’s wondering at what point should she tell UC she’s bought a house? When she gets the keys she’s not moving in for a month or two as she will be decorating first so she will still rely on the rent money while her working partner will be covering the bills / mortgage for the new house.

Also what info will she need to provide to prove she’s moved if anything? Obviously with renting you provide tenancy but would she need to provide anything on that behalf ?

Lastly this is her first time moving in with partner so will she lose her standard living if she’s moving in with him n he’s working?

TIA

Disability benefits consultation must take a new approach, leading charities warn

Leading anti-poverty and disability charities, including the Joseph Rowntree Foundation, Z2K and Disability Rights UK, as well as the National Association of Welfare Rights Advisers, have written to the Secretary of State for Work and Pensions, Liz Kendall. The charities warn that the government must properly engage with disabled people’s views when it launches its consultation on reforms to health and disability benefits, rather than engaging in a ‘box-ticking exercise’.  

The letter follows a major legal case (see last week’s news post) in which the previous government’s consultation on proposals to cut incapacity benefits was ruled unlawful. 

Following the High Court decision, the government announced its intention to re-consult on the previous government’s plans. This marks a departure from previous ministerial statements, which had indicated that the government would bring forward its own measures to reform the health and disability benefits system. Rachel Reeves confirmed (28/01/25) that the government will set out its plans for reform of the health and disability benefits system before the Spring Statement. 

Anela Anwar, chief executive of anti-poverty charity Z2K, who co-ordinated the letter, said:

“It is deeply disappointing to learn that this government wants to revive the previous government’s discredited and dangerous plans to remove vital financial support for seriously ill and disabled people.  

The government should abandon these cruel and poorly thought-out plans. And when it comes to consulting on hugely important changes to the benefits system, this government must not repeat the mistakes of the previous one. We need to a see a genuine consultation that gives disabled people a proper chance to respond to plans which could see them plunged into deep poverty.” 

The letter to the Secretary of State is on z2k.org

Welfare cap breached by £8.6 billion - influenced by wider policies such as health, housing and education

First introduced in 2014 the welfare cap is a limit on the amount that government can spend on certain social security benefits and tax credits each year. The cap aims to better control spending in an area that can be difficult for government to control.

The Office for Budget Responsibility (OBR) – the UK’s fiscal watchdog – reports on whether the cap has been met or exceeded. The cap is breached when, at the point of formal OBR assessment, relevant spending is forecast to be above the cap. This week we heard that the welfare cap is very much on course to be exceeded, to the tune of £8.6 billion.

When the cap is breached at a formal assessment, the DWP Secretary of State, Liz Kendall is required to set out to the House of Commons either measures that would bring spending back to below the cap or justify the breach. This is then followed by a debate and a vote to approve the new cap.

In her statement, justifying the breach Liz Kendall said:

“The likely scale of the eventual breach has been known since March 2023. No action was taken by the previous administration to avoid it. Whilst this Government has already shown that it will not shy away from difficult decisions, this breach could only have been addressed through implementing immediate and severe cuts to welfare spending. This would not have been the right course of action.”

She also confirmed the government’s ‘ambition to achieve an 80% employment rate’ whilst noting that:

“Much of the increase in welfare spending is influenced by wider policies such as health, housing and education. For this reason, my Department will be working across Departments to deliver our key goals, including creating a more sustainable welfare system.

“In the Spring, we will bring forward a Green Paper on reforming the health and disability benefits system to put spend on sustainable footing and ensure disabled people and those with health conditions have the same rights as everybody else, including the right to work. We will shift the focus to early intervention to support people into work and respond to the complex and fluctuating nature of today’s health conditions.”

The debate and vote to approve the new cap followed.

The Welfare Cap debate is on parliament.uk

A simpler, more user-friendly PIP service - update on the Health Transformation Programme

The government has published its business case summary in relation to their Health Transformation Programme (HTP) in which they set out their goals for transforming the full PIP journey. Which the paper says will include:

• a simpler, more user-friendly service, designed around the needs of claimants
• improvements in the applications process, including an online application option
• a personalised approach for claimants from initial contact and throughout the application
• an improved evidence gather tailored to claimant’s circumstances
• an improved decisions process, and payments process
• communications and notifications will be simpler.

See Annex A for an overview of the service vision for claimants.

Government has already created the Health Assessment Service (HAS) delivering all functional health assessments, and HAS will be integrated with other systems to ‘create a seamless claimant experience’.

This policy paper explains that the programme is developing the new services gradually and carefully, at a small scale initially, in safe and controlled live operational environments, before expanding.   

The HTP is forecast to deliver around £1.6 billion savings in real terms but won’t break even until 2027/28.

Note: At the time the business case was produced, it was assumed that HTP would deliver the reforms set out in the previous government’s ‘Transforming Support: The Health and Disability White Paper’ but following the High Court ruling that the consultation was unlawful, and mindful that the current government has confirmed that they will be setting out their proposals (followed by a new consultation shortly), the policy paper adds nothing further and refers to the prior plans in the past tense.

The Health Transformation Programme Business Case Summary in on gov.uk

Unravelling household costs: Citizens Advice contributes to the Child Poverty Strategy

In 2024, the government announced plans to develop a Child Poverty Strategy . As part of the taskforce's engagement work, Citizens Advice (CA) was asked by the Child Poverty Unit to lead on the theme of household costs.

They held a series of evidence-gathering roundtable discussions, themed around the household costs that make up the largest or fastest growing costs in the budgets of families CA support. These sessions brought together frontline organisations, national charities, think tanks and academics, industry, and government officials to discuss the role household costs play in driving child poverty, and how the Child Poverty Strategy could best reduce or alleviate these costs.

From these sessions, CA put together a set of findings and recommendations for the Child Poverty Strategy, set out in a report entitled ‘Unravelling household costs: summary of Citizens Advice engagement work for the Child Poverty Strategy’.

Citizens Advice said:

‘Household costs are key to understanding the rise in hardship we have seen over the last few years. Around half the people we help with debt advice are in a negative budget, where their essential costs outstrip their essentials. Many have been pushed into the red by the rise in key costs like rent, energy and food.’

They have also drawn on the data to get a clear picture of the role of costs in contributing to hardship and poverty, especially for households with children. This has been set out in Data insights story: Child poverty and household costs.

The report Unravelling household costs: Summary of Citizens Advice engagement work for the Child Poverty Strategy is on citizensadvice.org

UK government won’t see progress on child poverty by 2029 even with high economic growth says JRF

Analysis from the Joseph Rowntree Foundation (JRF) shows that 4.3 million children are living in poverty in the UK.

More than 1 in 5 people in the UK (21%) were in poverty in 2022/23 – 14.3 million people. Of these, 8.1 million were working-age adults, 4.3 million were children and 1.9 million were pensioners. To put it another way, around 2 in every 10 adults are in poverty in the UK, with about 3 in every 10 children being in poverty. 

This new report ‘UK Poverty 2025: The essential guide to understanding poverty in the UK’ notes that under central Office of Budget Responsibility projections only Scotland will see child poverty rates fall by 2029 in part due to the Scottish Child Payment and mitigating the two-child limit. This demonstrates the power of social security policies in tackling poverty. If the rest of the UK saw the same reduction in the share of children in poverty 800,000 fewer children would be in poverty.

JRF details that currently, our social security system doesn’t cover the cost of life’s essentials and ignores the reality that some families have higher costs or need to make one income stretch further, including larger families and lone parent families.

These families are disproportionately impacted by specific welfare policies such as the two-child limit and the benefit cap with 44% of children in lone parent families and 45% of children in larger families with 3 or more children in poverty compared to 30% of all children.

This year the UK government say they will publish an 'ambitious' cross-government child poverty strategy.  JRF notes that any respectable child poverty strategy must include action on social security including to abolish the two-child limit and introduce a protected minimum amount of support to Universal Credit

The UK Poverty 2025: The essential guide to understanding poverty in the UK report is on jrf.org

New Ministry for Poverty Prevention proposed

The Ministry for Poverty Prevention Bill had its first reading in the House of Lords this week. This stage is a formality that signals the start of the bill's journey through the Lords.

Introduced by Lord Bird, this private members bill seeks to establish a new government Ministry, the Ministry for Poverty Prevention; to make provision for:

• the objectives and powers of that Ministry
• the Ministry can only be abolished or combined with another department by an Act of Parliament
• reporting requirements on the Ministry’s work
• a power to create binding poverty reduction targets
• a reporting system for all government spending in relation to poverty.

The next stage is the Second reading - the general debate on all aspects of the bill – which is yet to be scheduled.

Full details of the Bill is on parliament.uk

New independent panel to improve neurodiversity employment options

A new ‘expert panel’ was launched this week as part of the government’s Plan for Change. The panel – led by Professor Amanda Kirby and comprising of leading academics in the neurodiversity field - will develop recommendations for ministers this summer

The panel will focus on what actions:

1. employers can take to foster a more inclusive workplace
2. the government can introduce to break down barriers to opportunity for people with a neurodiverse condition, such as autism. 

The latest employment figures show that the employment rate for disabled people with autism at 31% compared to 54.7% for all disabled people – highlighting a significant gap for some neurodiverse people. 

Professor Amanda Kirby, said:

“I am delighted to chair this panel in what I see is an important and essential piece of work considering how we can drive forward neuroinclusive practices in workplaces to maximise the potential of all and make this become ‘business as usual’.”

The government says it will ‘work closely with charities, disabled people and people with health conditions to ensure their voices are at the centre of any policy changes which affect them and to move beyond a binary system of fit or not fit to work’.  

The Press Release is on gov.uk

Official sanctions guidance updated

The DWP has issued updated versions of chapters K1 and K2 of its Advice for Decision Makers (ADM), to clarify two points…

Firstly, sanctions for failures to attend a jobcentre appointment for no good reason are "open-ended", meaning that claimants must do something (usually, rearrange and attend a new appointment of the same kind).

The updated guidance clarifies how to deal with cases where, for whatever reason, claimants aren't instantly able to do this or subsequently miss further appointments.

Although there are no changes to the law, the aim of the update is to tidy up guidance that has remained unchanged since 2013 to clear up ambiguities.

Secondly, a note has been added to the 'good reason' chapter K2, to reflect a recent (unpublished) Upper Tribunal decision about sanctions.

The Note stresses the importance of considering how 'impairments, physical and mental' tie in to the test for good reason. A new example, apparently based on the Upper Tribunal decision, shows how a claimant with LCW, who forgot about an appointment, and has a history of anxiety and depression, could have good reason for not attending the appointment where the forgetfulness could be linked to those conditions.

The updated ADM guidance is on gov.uk:

• Chapter K1: Sanctions, general principles
• Chapter K2: Good reason

Cost of living payments – impact was short-lived and for some, were almost immediately absorbed into everyday spending

The Cost of Living Payments (CoLPs) were lump-sum payments intended to support immediate pressures faced by the most vulnerable households impacted by the rise in the cost of living. This report presents findings from the evaluation of the 2023 to 2024 payments. 

This evaluation assessed the extent to which the payments helped recipients manage the increased cost of living, and how this varied between groups - means-tested benefit CoLP recipients, disability CoLP recipients, and pensioner CoLP recipients.

Comprising of surveys and in-depth interviews, the evaluation looked at:

• which expenses became most difficult for recipients to afford,
• the extent to which recipients were aware of the payments,
• what they spent the payments on,
• the impact they felt the payments had. 

Unsurprisingly, to deal with the increased cost of living, most people cut back on their spending, and many borrowed money or got into debt. Over half cut back on either essential spending or heating and between 32-44% of people had borrowed money, by increasing spending on a credit card, taking out or increasing a loan, or by borrowing from family or friends.

The evaluation showed that while CoLPs had a notable impact, the impacts on peoples’ ability to cover living expenses, their financial resilience, and their personal wellbeing, were generally short-lived.

The findings also showed that the payments were imperfectly targeted, insofar as they were not sensitive to the fact that some recipients had much higher essential outgoings than others. And people who had struggled most with the cost of living generally felt the least benefit from the payments as the payments were almost immediately absorbed into everyday spending and were perceived as too small to lead to any substantial change in personal circumstances. 

The Cost of Living Payments evaluation is on gov.uk

MPs vote for motion to provide compensation for Waspi women

MPs have voted in favour of bringing in a bill that would require the government to address the findings of the Parliamentary and Health Service Ombudsman’s (PHSO) report on women’s historic state pension changes.

This comes on the back of the Parliamentary and Health Service Ombudsman confirming that the Waspi women were the victims of maladministration, highlighted failings in the way the DWP communicated changes to women’s State Pension age,  and recommended compensation. Following which the Work and Pensions Secretary stated that the government would not provide compensation.

The bill, which has had its first reading in the House of Commons, was presented by SNP MP for Aberdeen South, Stephen Flynn, and called on the government to publish proposals for a compensation scheme for 1950s-born women who have been affected by the increase in state pension age and its communication.

Flynn said:

“For those of us who have stood alongside the Waspi women for many years, for those of us who have pledged to support the Waspi women for many years, for those of us who promised to take action if we were ever to gain government office, it is important that that trust is repaid, and my bill seeks to do that,”

The Bill will go through the second reading stage and will be printed on Friday 7 March.

Note: Waspi = Women Against State Pension Inequality

Full details of the Bill and its progress is on parliament.uk

Discretionary crisis support is faltering in England says Trussell

Trussell (previously the Trussell Trust) has published an evidence review in which they’ve tried to address the question: “What does effective local crisis support look like?”

The review took an in-depth look at 38 pieces of evidence, drawing out findings relevant to the UK government and local authorities in England. Trussell makes a number of recommendations, including calling for a new financial crisis and resilience fund.

‘Alongside a fit for purpose social security system, people need to have somewhere to turn in a financial crisis or emergency to get cash-first help quickly and connect them to advice and support that can prevent the situation getting worse, building financial resilience.

This would help ensure communities can move away from using emergency food to fill the gaps in support because there is a permanent system of effective, dignified and easy to access crisis and resilience support in every area.’ 

In addition to the evidence review Trussell has published a report called A more resilient future: Rebuilding discretionary crisis support in England exploring in detail the case for a new, permanent and effective system of discretionary local crisis support in England and Trussell’s recommendations for delivering this.  

The evidence review is on trussell.org

Analysis attempts to understand the increase of LCWRA recipients

Analysing data from 2018 to 2023, these new statistics provide estimates of the effect of some of the factors contributing to growth in the number:

• of claimants in the Employment and Support Allowance (ESA) Support Group (SG)
• receiving Universal Credit (UC) who are deemed to have Limited Capability for Work and Work-Related Activity (LCWRA)

It is a detailed report looking at a variety of factors during the 2018-2023 period. It breaks down the predictable rise (that which was expected) e.g. due to changes to state pension age (11% increase), managed migration (12%), demographic change (7%) – this makes up 30% of the increase.

The report notes that the remaining 70% of unpredictable change may be beyond analysis, stating:

'The factors underlying the 560,000 increase have been covered by many different organisations’ publications, in particular the OBR’s October 2024 Welfare Trends Report, but quantifying the impact of each of these different factors will be more complex, if it can be done at all, and is not undertaken in this analysis.'

The Decomposition of growth in the number of claimants of UC with LCWRA or in the ESA Support Group statistics are on gov.uk

Claiming disability benefits provide a boost to the economy and can fuel economic growth

Z2K – an anti-poverty charity – has published a new report called ‘More than money: The lifelong wellbeing impact of disability benefits’ which explores the wellbeing and economic impact of claiming disability benefits.

As we know, disability benefits are a lifeline for many people in the UK. They provide vital financial support to cover the extra living costs that arise from their long-term conditions, from daily living to mobility. Having this support is particularly important as disabled people in the UK tend to have lower incomes and lower wellbeing than average. In other words, not only are disabled people facing more financial difficulty overall, but they report a lower quality of life.

However, when thinking about disability benefits, a relevant question arises: do recipients secure a wellbeing gain valued greater than a simple cash transfer? Z2K tests this question by tracking changes in wellbeing among two groups of disabled people: those receiving disability benefits and those who may be eligible but are not receiving them.

By tracking the wellbeing of disability benefits recipients and those not receiving disability benefits but may be eligible over time, the findings of this report suggest that receiving disability benefits significantly enhances life satisfaction of recipients, potentially reducing their anxiety levels and improving their wellbeing overall. In addition, the value of average annual wellbeing improvement as a consequence of receiving disability benefits is far less than the cost to provide them.

Z2k’s findings suggest that improving access to disability benefits could enhance the lives of those who need the support but face barriers to get it. This builds on existing evidence that underscores the need for a review of the claiming process. They call for the process to be simplified and urge the government to prioritise improving access to disability benefits for those whose quality of life depends on this support. Failure to do so could exacerbate public health issues and have severe economic consequences.

More than money: The lifelong wellbeing impact of disability benefits is on z2k.org

New fraud plan addresses less than 5% of debt - the Fraud, Error and Recovery Bill: A fresh approach to fraud or fuel for stigma?

This is the question being asked by Policy in Practice in their latest blog piece in which they reflect on recent developments in welfare fraud policy and why a balanced approach, better use of data, and stigma free narratives are crucial to achieving a fairer, more effective social security system.

Policy in Practice identifies that in the financial year 2023/24, fraud accounted for an estimated £7.4 billion, or 2.8%, of total social security expenditure. This level of fraud means that for every £1 spent supporting people who need it around 3p is claimed fraudulently.

They explain that the new measures outline the plan to recoup £1.5 billion claimed fraudulently over the next five years. The plan includes investing more than £600 million over three years to modernise fraud detection systems, improve data analytics, and hire some 1,400 additional investigators. Policy in Practice notes that ‘while this commitment demonstrates a serious intent to tackle fraud, it also raises questions about the balance of priorities.’

This blog is a well-rounded overview of the issues of fraud, error, the proposals within the Public Authorities (Fraud, Error and Recovery) Bill, the scale and stigma of underclaimed benefits, and how the issues should be approached.

Policy in Practice says:

“The welfare system must balance fraud prevention with fairness and support. While no system is perfect, modernising processes, reducing stigma, and tackling unfulfilled eligibility are essential steps.

Here’s what a balanced approach could look like:

• Reducing unfulfilled eligibility and closing the unclaimed benefits gap
• Proactively reaching out to individuals likely to be eligible for support and then supporting them to make a claim, or update their circumstances to maximise their claims, will go a long way towards reducing shame and stigma, and is likely to deliver both health and local economic benefits in turn.
• Simplifying the application processes to make the system more accessible, or even going as far as to make proactive awards would reduce the digital divide and again, help people to see that financial support is a right, not something we should see as a personal failure.”

The blog, Fraud, Error and Recovery Bill: A fresh approach to fraud or fuel for stigma? Is on policyinpractice.co.uk

Barclays customers are on day three of payment issues

Barclays customers are experiencing a third day of issues with payments and transactions as the bank struggles to fix ongoing technical issues.

As a result of the problems - affecting both its app and online banking - the balance may not show the correct amount, some expected payments (e.g. benefits) may not show, and you may struggle to make payments.

Barclays says that their high street branches may not be able to assist with all queries "due to issues we're facing".

Some Barclays' customers have been unable to make their self-employment self-assessment payments to HMRC. However, HMRC has confirmed that issues related to the Barclays outage will not result in late payment penalties as these do not apply until March 1.

Barclays has apologised and said it will "ensure that no impacted customer is left out of pocket".

The latest situation and updates are available at https://status.uk.barclays

Case law – with thanks to our superstar u/ClareTGold

UC and relevant medical evidence - KS v The Secretary of State for Work and Pensions: [2025] UKUT 015 (AAC)

We’ve been waiting a long time for some case law on this topic.

This appeal was about the proper meaning and application of the Universal Credit Regulations 2013 (the “UC Regulations”) and the Social Security (Medical Evidence) Regulations 1976 (the “Medical Evidence Regulations”).

All parties accepted that the Claimant had LCW/LCWRA from 24 February 2022.

The only issue before the First-tier Tribunal was whether, following a Work Capability Assessment (WCA) and a finding that the Claimant had Limited Capability for Work Related Activity (LCWRA), the applicable three month period before the Claimant would be entitled to the LCWRA element started to run from the date of the Claimant’s first Fit Note or from a much earlier date on which the claimant first reported a health condition in her Universal Credit journal.

In this case the Claimant reported her change of circumstances (in terms of her health difficulties and their impact on her capability for work, as well as her caring responsibilities) timeously in her UC journal, and she also queried the requirement for a Fit Note. Given her circumstances, that was a reasonable query to raise. She received no response.

The UT Judge was satisfied that it was “unreasonable” (for the purposes of regulation 2(1A) of the Medical Evidence Regulations) for the Secretary of State to require the Claimant to provide a medical certificate in accordance with Part I of Schedule 1 to the Medical Evidence Regulations for as long as the Claimant’s query went unanswered.

To summarise the UT findings:

• The UC rules require a claimant to provide “evidence of their having limited capability for work in accordance with the Medical Evidence Regulations”.
• The Medical Evidence Regulations impose a requirement on a claimant who is claiming a benefit where entitlement is dependent on his being incapable of work to “furnish evidence of such incapacity in respect of that day or days to which his claim relates”.
• The regulations specify that this shall take a particular form (i.e. a Fit Note), but they also say that satisfaction of the requirement for evidence may be achieved “by such other means as may be sufficient in the circumstances of any particular case”.
• Regulation 2(1A) further provides that where it would be “unreasonable” to require a person to provide a Fit Note, that person shall provide such other evidence as may be sufficient to show that they are incapable of work or have limited capability for work so that they should refrain (or should have refrained) from work by reason of some specific disease or bodily or mental disability.” 

 Bereavement support payment - AET v Secretary of State for Work and Pensions: [2025] UKUT 016 (AAC)

You may recall that in 2020, following a legal challenge the High Court ruled that the BSP rules were discriminatory and incompatible with the Human Rights Act 1998. Following that ruling The Bereavement Benefits (Remedial) Order 2023 (SI 2023/134) was implemented which enabled cohabiting partners with dependent children to be entitled to BSP on the same basis as couples who are married or in a civil partnership.

The Claimant was appealing against a decision – dated 24 November 2022 - that she was not entitled to Bereavement Support Payments (BSP) in respect of her partner’s death because she was not married to, or in a civil partnership with him, at the time of his death. 

The Upper Tribunal decided that the new law only applies to claims made after the date of the coming into force of the 2023 Order on 9 February 2023.

Claims made before that date still fall to be determined by reference to the previous rules.

Child disability payment (and DLA) - LK v Social Security Scotland UT 06 UTS/AS/24/0052

Whilst this is a Scottish CDP appeal it is also applicable to Disability Living Allowance because the wording of the legislation is the same.

The Claimant’s child is deaf and the Claimant applied for Child Disability Payment (CDP). Social Security Scotland awarded the care component at the lowest rate, but the Claimant argued it should be at the middle rate - ‘significant portion of the day’ v ‘frequent attention throughout the day’. The First tier Tribunal made a number of errors.

The UT allowed the appeal noting:

‘The very fact that parliament provided for two different amounts or kinds of attention makes it clear that ‘significant portion’ of the day and ‘frequent attention throughout the day’ are not the same thing, are, indeed mutually exclusive. The tribunal as a matter of fact decided that the various ‘small things’ that the child needed amounted to a significant portion of the day but not to frequent attention throughout the day.’

‘Whilst there may be cases in which only one or other condition is satisfied, there may also be circumstances where both are met. That would be the case where a child required frequent attention throughout the day in connection with their bodily functions such that the aggregate period of attention amounted to a significant portion of the day.’ (paragraph 10).

Personal Independence Payment – IS v Secretary of State for Work and Pensions (PIP): [2025] UKUT 020 (AAC)

The UT determined there was no material error of law in the First-tier Tribunal considering only a closed period of PIP entitlement, based on a decision on refusing to award PIP on a later claim.

Fresh evidence proved that the second claim was validly made, thus ending any uncertainty about whether the Tribunal had got the facts right.

Won tribunal 14th January rang up pip 2 days ago, they said they have the decision... I ask will February payment be changed they said no you gotta wait till we process it...

The guy could've literally done it there and then...

Im in Scotland and have my ADP tribunal on the 12th of this month. It’s a telephone interview (not sure if it’s FaceTime or just like a conference call that i dial into) but Im literally sick with worry. I served as a A&E trauma medic in the army for 12 years and have severe PTSD and mental health issues that affect my everyday life, along with mobility issues as a result of my service and the arduous training that has left me with stage two arthritis in my knee, 3 bulging lower lumber discs in my back and a new diagnosis of fibromyalgia. I get higher rate care but no mobility component (which is the reason for the tribunal) at each stage of my appeal I’ve been grated more than enough points to see me qualify for higher rate care, so there is no dispute that social security scotland accept that my MH results in me needing a lot of support, i just feel almost humiliated that I’m having to go to this length in the hope 3/4 strangers over a phone call will “believe” me. In my head i imagine it being like some cross examination in a court case by the prosecution and being fired at with question after question in the hope of “tripping me up” has anyone had any experience with a ADP tribunal recently and can explain to to me the process and how it went? My dad who supports me with literally everything will be with me for the call. Thank you.

Hi,

Can you claim LCWRA and work part time?

Hey everyone, I’ve been following this page for a while and just wanted to share my experience so far and ask a question at the same time.

I began my claim for PIP entitlement on December 9th 2024 after having my PTSD diagnosis upgraded to CPTSD, from 10 years military service and multiple operation tours.

At the same time the doctor asked me if I had been receiving PIP or war pension, which I didn’t know I was entitled to either.

My partner acts as my carer and I work full time in a pretty good position but my mental health has deteriorated and panic attacks and PTSD episodes like flash backs have become more common, I’m on track to receive full enhanced entitlement for both living and mobility.

I have a “buddy” that supports me at work and my partner supports me at home. For various things.

My time line goes as follows.

Applied for PIP 09/12/2024 Provided more info 17/12/2024 Uploaded all my diagnosis and doctors notes as evidence. Partner took the call for my assessment, 20/01/2025 My community mental health team supplied more evidence towards my case on 29/01/2025.

Currently 10 weeks of waiting.

Fingers crossed it isn’t much longer.

My question is, I haven’t received a text message or an appointment update or anything since applying apart from the standard, “a professional is looking into your case etc” generic message.

When do you think I should expect to receive an answer given this time line?

My partner took the call as they contacted her to avoid triggering me an episode which was actually nice to see/hear.

I should be moving over to GIP alongside the AFCS and a compensation payment which may take some time to clear and PIP is an interim option.

I appreciate you all and thanks in advance for any answers.

Hi there,

Does anyone have any details on this please? Also, what are the chances that they change their mind before it goes to tribunal?

Thanks.

So I just started my maternity leave and my employers paid me double the amount they should’ve. I called my workplaces HR team and paid back the overpay immediately and made them aware that they need to make sure they report the right earnings to UC or I will not receive anything in my next payment.

Of course they didn’t bother too and now I have no UC payment due and cannot live off the amount from my employer alone and I’m due to have my new baby next week making it even more difficult!

What can I do to get this corrected? I have a email from my employers HR team stating they received my payment back to them and took responsibility for them double paying me as an error I just don’t know where to go from here

Hi there, Migrating over to UC from ESA (LCRWA/SDP) and I applied online and everything. Got my appointment confirmation message in my journal in which I replied that i am still able to attend although I don’t have a passport and photo ID.

I mentioned to them that my bank may have my original ID that I used to open an account years ago if I got hold of them, but that's the only thing I can think of doing really.

Aside from that, the only things I have off the list I was sent are my rent slips from the council (they pay my rent in full every week) my council tax statement and my tenancy agreement.

Those are all I have as NHS medical cards aren't issued in England anymore.

My question is that how lenient are they with this? Has anybody else managed to transfer over easily after having the identity interview without photo ID?

I am really worried that this will affect my claim, as I currently don't get ESA (LCRWA/SDP) anymore because I am in the middle of this transfer over to universal credit and I'm going to be without money for sometime if this doesn't go through properly.

The only other thing I can think of is that I can get is my GP to stamp the back of my full GP summary, bills and DWP letters with my national insurance on and name and address - Any use even bringing these?

Any help appreciated, thank you 🙏

Need some help please. I'm currently living with my partner, but things aren't working out and she wants me to move out/look for a place to live. I don't have any family or friends I could live with and don't actually have any of my own money right now. I'm self-employed but only earn around £600 per month (goes into my partners account) I'm also getting LCWRA that also goes into her account. I'm just wondering what kinda money I'd have, based on my low income and the LCWRA so I can try and find something in my area that I can afford.

I filled in the forms to apply for LCWRA, I wasn’t aware this is something that I could do, as even with my conditions both physical and mental I thought due to my age I wasn’t eligible.

I was sent the forms after I gave my second fit note to UC that was the first week of January 2025, and I sent the forms back via royal mail the next day. I’m getting extremely anxious as I’ve still not heard anything, and I just want to know if they want me to do an assessment and if so when. I’m in the same waiting period for PIP also with the same time frame.

How long does it usually take to hear back once the forms have been sent, should I be worried or do I need to contact them? Any help or advice would be greatly appreciated.

Hi - I’m looking for some advice. I’ve been asked to send the 4 month bank statements for review. I have nothing at all to hide but I’ve seen it says I have 9k money in and 9k money out - I transfer my UC money back and fourth to different pots within my bank.. I will transfer certain amount to a bill pot and my bills will then come out of that pot.. is this going to cause an issue? I’ve never had 9k just sitting in my account 🤣🤣 i have just panicked when seeing such a large number on the screen when gathering my statements .. is the money in and money out the ‘6k capital’ that they are looking for? Or is it something else .. sorry I don’t understand stuff clearly.

For my claim review I need statements for a bank with a provider that only generates a statement every 25 transactions. Unfortunately this is a new and unused account. Will the bank be able to generate a statement for me?

Expecting a WCA to start soon as coming up to 29 days off sick

I previously have had a heart attack as a result have heart disease on medication for life

I have hypothyroidism on medication for life

I have asthma

I have mixed anxiety and depressive disorder

Also PTSD diagnosed by a Gp not a specialist

I know they go on symptoms and not diagnosis but just wanted to explain a little

Really worried about filling in the form and would appreciate any help on wether my answers will score high if at all

These are what ive thought so far not everything-

“ When my anxiety related to PTSD is high, especially when it has the characteristics of social anxiety it can feel nearly impossible to say “no” because the fear of being judged, humiliated, or rejected becomes overwhelming. This fear isn’t just about a single moment of discomfort—it’s an ever present worry that if I refuse or set a boundary, others will see me as flawed or weak. That internal pressure can force me to agree to requests or situations even when my gut tells me it’s unsafe or simply not right for me just to get out of the conversation or interaction faster. Unfortunately, this can sometimes lead me into dangerous or harmful circumstances, as I may end up accepting commitments or risks that compromise mine or others well‐being, simply because the idea of being rejected or judged is even more terrifying.”

“

My thyroid disease slows down my body’s energy production and leaves me feeling physically and mentally exhausted. On my worst days, the overwhelming fatigue, brain fog, and depressive symptoms make it nearly impossible to get out of bed or even get dressed. At the same time, because thyroid hormones help regulate the chemicals in my brain that affect mood, low levels can worsen my mixed anxiety and depressive disorder. In short, my underactive thyroid not only drains my energy but also deepens my mood issues on a daily basis making everyday tasks a struggle.”

“My PTSD can make everyday tasks suddenly feel overwhelming because my body and brain responds with intense fear and physical symptoms. On my worst days, even routine activities like making an appointment or getting a haircut can trigger feelings of panic—such as a racing heart, sweating, and a surge of anxiety putting added pressure on my heart”

I often have issues with brain fog, and slower thinking meaning reaction times can be reduced which can cause me to forget tasks like turning off the oven often burning food or stopping the bath in time due to depression made worse by my thyroid and PTSD

Any help is much appreciated

My Mr was rejected in december, they never sent me a single letter so i didnt know until i rang in january, they didnt send the mr letter again.

they told me to apply for tribunal , and told me the reference number. i did, my tribunal was supposed to be recieved by dwp by the 28th of january.

i checked my tribunal today its been completely reset with all the info i spent hours uploading gone, they said i need to have had a mr… i have!!

i just want to cry and cry its so difficult and depressing

im having such a bad flare up its hard to type this and im so frustrated whats the point in even trying

hello, my friend asked me to post this as it is an ongoing situation and quite confusing, with no clear answers, so if anyone could help us understand why/what is going on maybe?

my friend's mother had been claiming dla for friend, and then when he turned 16 (November 2022), moved onto pip. he became a looked after child/child in care July 2023. November 2023, his mother, the appointee of his claim, calls pip to tell them that he is not under her care, and she no longer wanted to be responsible.

my friend had completely forgotten about pip at this point, but in July 2024, he and his social worker called pip to find out what they could do, where friend was told what his mother did. they said that they had to open a case, and would send out letters to his social worker.

they sent a letter to his social worker about financial support and social services, etc. my friend did not hear nothing back, so called again. they said that they had send out a letter to his then placement about what type of accommodation it was, and were awaiting response. this was completed.

my friend called them again a few weeks later after hearing no response. they said they had received the letter, and had to send a letter to his old placement before that. this was completed.

my friend then moved out of care as he turned 18 (November 2024), and moved in with me. he called pip to update his address and for an update. they said they now needed to send friend's old social worker again regarding moving places.

his social worker receives it, and send him a picture of it done, and it seemed to be about supported living. this is completed and I was sent.

once again, no communication, and my friend called back, and the automated robot had said that he was going to get enhanced DL, standard mobility. my friend's mother had been receiving enhanced for both for him, so this was confusing, and friend got overwhelmed.

a week later, he called again, got through to someone, explained the housing situation again. they said that they needed to do further investigation, and someone was going to get back to him.

my friend got too stressed out, so he asked me to contact them a few weeks later, after no communication. I called them up, the automated robot did not say what money he was going to get. I get through to someone, ask them for an update, they look over the details, and asked if friend was living in supported living. I once again reexplained that friend used to be a care kid for reasons unrelated to disability, and did not receive any financial aid for his disability, and was now not under care at all. the person on the phone was confused with what had gone wrong, but confirmed friend was getting both enhanced rates. they said that they would bring this to a higher up, and call back later.

on the same day, friend receives a call back, and asks me to answer it. the person on the phone says a case manager will have a look over tomorrow, and will contact us.

a few weeks later, we had called them again, and they said that they needed proof of address like an id with address. friend did not have this, so they said a letter from social services confirming that friend was no longer in care and living at a different address.

this is now being sent over, and they said this was going to be the last step, but every phone call this was stated too (like no exaggeration).

does anyone know why this has happened or what is going on? also, when this is sorted and he begins to receive payment, will he be backdated to his mother relinquishing ownership or him contacting them and updating details or not at all?

any help/advice/suggestions are appreciated.

does anyone know if I get a text before they send a letter about my assessment date also how long before they send the letter of my assessment date(before assessment)

I'll be driving a small 1 litre on my dad's behalf as he's unable to drive. I've been told that there is no main driver or 2nd driver as to how it is with normal insurance so I'm assuming I won't be gaining any NCD?

I was just wondering if it would drop my insurance overall or not at all.

Hi, I will ring the DWP on Monday but I was wondering if anyone could help. My daughter is 16 and we received DLA for her and have now had a letter to confirm that she has been rewarded PIP, but the starting date is going to be November 2025. We applied in November 2024 so I’m wondering if this is an error, as the letter says the DLA will stop in February. Has anyone else had this happen before? Thanks in advance.

I wonder if anyone can help me. I’m disabled, have a carer for over 35 hours a week registered with UC and receive enhanced PIP as of December, what can I expect going forward? Will I have to have a WCA I’m mentally exhausted from the PIP stuff I know it’s seperate but common sense would suggest with a load of evidence detailing how what why when my disabilities will effect me working and how but carer helps me achieve some sort of normality, a carer for over 35 hrs and enchaced PIP will it help me in this fight 🥹😰 thank you

What would one say it’s the best reason to choose from the list of reasons to close the claim ? Something so they wouldn’t ask questions, simply because I don’t want it anymore. Thanks in advance!

I’ve shown up at the job centre for my first commitment appointment but the job centre is closed?

I am blown away by what I've read on my report. I am blown away by 'you reported depression but have no mental health input'. So did I get the antidepressants from a deal and counselling I attend means that I'm lying? Or what is it saying? I'm so confused by that wording. I was able to provide complex medical history so you're fine. I told the assessor I had a copy printed out and read off it. I posted about an MR I got 6 points at assessment and 4 on the decision makers report. There's clearly no point in appealing as I am making everything up? I'm so saddened by this

For context I am on UC and also get LCWRA. I have been looking at studying with the OU as it is online. I have a couple of questions about wondering how it will affect my benefits.

Firstly, if I fund the course with a student loan, will this affect my money? The student loan will just be for the course, no other expenses. Secondly, is the OU courses classed as part time even if I study it at a full time rate? Finally, how do I go about telling them I am studying? Thanks

Hello everyone, I am just looking for your advice really regarding my pip claim. I applied for pip previously and was rejected as the assessor has written on the report the complete opposite information to what I told her over the phone and gave me zero points. I appealed this and when I had a court day I felt very anxious and panicked so decided to not attend and obviously lost my claim. Now, I applied again last year as my health conditions are worse and I have been awarded LWCRA would this help with my pip claim? I also have my assessment on Monday and I feel very anxious about it given my previous experience what would you advise from your experience to focus on to avoid being declined again ? Thank you in advance