'THINK' - September 2024 Edition

Advice NI Publishes Briefing On Winter Fuel Payment Changes

We have published a new Policy & Information briefing explaining the changes to eligibility for the Winter Fuel Payment for 2024/25. As the briefing explains, on 29th July 2024 the Chancellor Rachel Reeves MP confirmed that the Winter Fuel Payment will be restricted to those pensioners in receipt of one of the following qualifying benefits:

• Pension Credit
• Income Support
• Income-related Employment and Support Allowance (ESA)
• Income-based Jobseeker’s Allowance (JSA)
• Child Tax Credit
• Working Tax Credit
• Universal Credit

Therefore, pensioners are strongly encouraged to check entitlement to low-income benefits, which may also passport entitlement to other forms of financial support.
 
The briefing also investigates two key features of the legislative changes that have been a source of concern for advisers and their clients.
 
With the qualifying week of 16th to 22nd September already passed, eligibility for the Winter Fuel Payment can now only be secured by those pensioners who are able to make a ‘backdated’ claim for a qualifying benefit. The briefing confirms that this is only possible on claims for Pension Credit and Universal Credit, and the circumstances in which such a claim would be accepted.
 
In addition, planned changes aimed at removing eligibility for pensioners who are living abroad have not been implemented in full. As a consequence, we are concerned that there will be a significant level of uncertainty for pensioners living abroad who may have received payments in previous years. We would encourage those affected to get in touch with independent advice services for support raising their case with the Winter Fuel Payment Centre.
 
Securing entitlement to the Winter Fuel Payment for 2024/25
 

 

Minister’s Statement On Decision To Limit Winter Fuel Payment 

Following his written ministerial statement to the Assembly on the 30th August, Communities Minister Gordon Lyons also made an oral statement on the decision to limit the Winter Fuel Payment to the Assembly on 10th September.
 
In his speech, the Minister described the decision as a “totally unexpected announcement from the new Government in Westminster” and that his “department was given no prior notice of the planned change.”
 
Mr Lyons outlined how the “principle of parity” left the Executive in the position of having to fund any deviation from the Westminster decision. He estimated the cost of maintaining universal entitlement to a Winter Fuel Payment in Northern Ireland at £44.3 million, a figure which did not include “additional delivery or staffing costs.” An effective IT system is estimated to require “between £5 million to £8 million for development and a further 20% of the development spend per annum for support and maintenance.”
 
However, the Minister did inform the Assembly that he had proposed the ring-fencing of funding for cost of living support this winter by the Executive “so that we can do whatever we can to ameliorate the worst consequences of this harmful UK government decision.”
 
At the time of writing no further details about any additional cost of living support has been made available by either the Minister or the Executive.
 
Ministerial Statement on the future provision of Winter Fuel Payments in Northern Ireland
 

 

Winter Fuel Payment Changes Lead To Significant Increase In Claims For Pension Credit

Statistics are showing a substantial increase in claims for Pension Credit being made following the Chancellor’s announcement of restrictions to eligibility for the Winter Fuel Payment.
 
In Great Britain DWP published ad hoc statistics on 6 September 2024 that showed the number of Pension Credit claims made in the five weeks since the announcement was more than double the number made in the five weeks before the announcement.
 
In a further update to those figures, the DWP adds data that shows that almost 36,000 claims were made over the three-week period ending 22 September 2024:

• 10,700 in the week commencing Monday 2 September 2024
• 13,400 in the week commencing 9 September; and
• 11,800 in the week commencing 16 September.

This compares to 11,000 claims made in total in the three weeks immediately before the cut was announced on 29 July 2024.
 
Similarly, in Northern Ireland the Pension Centre have informed stakeholders of an increase in claims for Pension Credit here, which is having an impact on processing times for both new claims and changes to existing awards.
 
Official Statistics: Weekly pension credit claims received from 1 April 2024 to 22 September 2024

 

 

Mitigating The Winter Fuel Payment Cut

In a new briefing, the Resolution Foundation has laid out the options for mitigating the loss of the Winter Fuel Payment for some pensioners to soften the impact of the cut.
 
Whilst recognising that universal Winter Fuel Payments are “an inefficient way to address the current reality of energy cost pressures in Britain, especially when non-pensioner families are more likely than pensioners to be living in fuel stress”, the Foundation emphasises that “concerns for vulnerable pensioners who are set to lose out are valid”.
 
Accepting that the introduction of a social tariff “isn’t feasible for the imminent winter”, the note analyses four potential alternatives:

1. Reducing bills directly through reforms in energy policy – which can be scaled by energy use but cannot target based on incomes.
2. Cutting costs for families on pre-payment meters – this would largely benefit poorer families, but a relatively small number of them compared to other options.
3. An expansion of the Warm Home Discount scheme – which enables greater support to be channelled to poorer benefit-receiving families, but does little to help those who have lost the Winter Fuel Payment.
4. A substantial expansion of the Cold Weather Payments scheme – perhaps the most promising avenue, in that it can target based on reasonable proxies for income and energy need, and could replicate a cut-price version of the universalism lost in the Winter Fuel Payment cut.

The authors conclude:
 
“All potential quick fixes are imperfect, including those detailed in this note – there is not yet a good and systematic way to target those with low incomes and high fuel bills. But an expanded Cold Weather Payments scheme looks as good an option as any in terms of concentrating support where it is most needed. It offers a way for the Government to tell all pensioners they will get something in the event of a serious chill, while at the same time offering something to poorer working-age families, who have until now been neglected in the discussion.”
 
Cold Comfort
 

Advice NI Launches Sustainable Energy Communities NI (SEC NI) Project

Advice NI has announced the launch of the Sustainable Energy Communities NI (SEC NI) Project, an initiative designed by a number of organisations to foster community-led sustainable energy solutions across Northern Ireland.
 
Supported by The National Lottery, the project will initially work across four communities: Mount Vernon in Belfast, Ballymacash in Lisburn, Lisnaskea in Fermanagh, and Dolmens in Co. Down. Each of the communities will be supported to create and implement their own energy strategies to reduce fuel poverty, enhance energy efficiency, and contribute to Northern Ireland’s Net Zero targets.
 
As evidenced by a recent Fuel Poverty Coalition report, the issue of fuel poverty is now estimated to be impacting 41 per cent of households here, with those on the lowest income and in the least efficient homes being hit hardest.
 
Speaking at the event Kevin Higgins, Head of Policy at Advice NI said:
 
“The SEC NI Project represents a critical step forward in how we address energy challenges in Northern Ireland. At Advice NI, we witness firsthand the devastating impact that energy poverty has on individuals and families across the region. Many are forced to make impossible choices between heating their homes and other essential needs, which only adds to financial hardship and further threatens their well-being.
 
“By empowering communities to take the lead in developing and implementing their own energy strategies, we are giving them the tools to make informed decisions that will not only reduce fuel poverty and improve energy efficiency but also contribute to our collective goal of achieving Net Zero by 2050. The project is about more than just addressing immediate energy concerns, it’s about building a sustainable approach for energy usage for generations to come.”
 
The SEC NI Project will follow a structured three-phase process: Learn, Plan, and Do. The first phase, ‘Learn’, will see communities guided by a project coordinator and mentor to understand their energy usage, efficiency opportunities, and potential for renewable solutions. The ‘Plan’ phase involves creating an Energy Master Plan that assesses current energy needs and identifies practical, cost-effective measures for improvement, such as retrofitting homes or implementing renewable energy systems. In the ‘Do’ phase communities will be supported to execute their Energy Master Plan through action roadmaps and assistance in securing necessary funding.
 
Advice NI launches initiative to bring sustainable energy solutions to communities
 

 

Official Statistics Reveal Pressure On Local Housing Provision

Three quarters of applicants on Northern Ireland's social housing waiting list at the end of 2023/2024 were in 'housing stress', according to new statistics from the NI Housing Executive (NIHE).
 
As of 31 March 2024 there were 47,312 applicants (i.e. with no existing NIHE or housing association tenancy) and 35,464 were in ‘housing stress’, which means they had at least 30 points on the social housing selection scheme. Areas with the biggest waiting lists were Belfast (12,726) and Derry City and Strabane (6,106). No area had less than 2,000 applicants on the waiting list.
 
The extent of these pressures on social housing provision is reflected in the figures on homelessness, as NIHE reports that 16,943 households presented as homeless in 2023-24. 11,537 of these households were accepted under the statutory homelessness duty and more than half (56 per cent or 9,545 households) were treated as full duty applicants. According to the NIHE’s own definition an applicant is owed the full duty if they are ‘eligible, homeless (or threatened with homelessness), in priority need and unintentionally homeless.’ An update to the Northern Ireland Homelessness Bulletin is due in December 2024.
 
By contrast, there has not been a proportional increase in the number of new social homes being made available. In particular, the Social Housing Development Programme (SHDP), managed by NIHE to support housing associations so that they can build or acquire new social housing, contracted in 2023-24. In that period, there were 1,508 SHDP starts, a 23% decrease on 2022-23 (1,956), and 1,403 SHDP completions, a 3% decrease on 2022-23 (1,449).
 
Northern Ireland Housing Statistics 2023-24
 

 

Assembly Updated On Delayed Anti-Poverty Strategy

On 24th September the Assembly debated the issue of child poverty in North Belfast. Introducing the debate, Nuala McAllister highlighted the recent report by the Northern Ireland Audit Office (NIAO) and a briefing from the Cliff Edge Coalition – alongside the Department for Communities’ own statistics – which reflect a lack of progress on the problem.
 
In his contribution to the debate the Minister for Communities provided an update on the government’s anti-poverty strategy. The Minister confirmed that he has agreed the next steps on the strategy and has written to all Departments to get the “buy-in” necessary to make sure they work collectively to address the issue and move the strategy forward. In addition, he stated that he hopes that the strategy will be agreed by the Executive “early in the new year”.
 
Acknowledging that poverty is not explicitly listed in the Executive's draft Programme for Government, Mr Lyons nevertheless highlighted that the Programme's priorities of housing, healthcare, education and good jobs are all key to tackling poverty.
Noting that tackling poverty in Northern Ireland is not “solely” his responsibility, the minister added that the strategy will require cross-departmental work:
 
“It is right that we look at this through a whole-system and all-government approach and that we do everything that we can to minimise the risk of falling into poverty, minimise the impact of poverty and also help people to exit poverty. Those will be the three pillars of the anti-poverty strategy. We have actions that we would like to see developed, and we are trying to make sure that we get buy-in from other Departments so that we can push along. I know how long people have waited for the strategy ... I am determined that we will deliver it, and I hope that Members will see that this is the way forward to tackle poverty overall.”
 
Adjournment Debate on Child Poverty in North Belfast
 

 

SMI Interest Rate Increased

The latest Support for Mortgage Interest (SMI) statistics from DWP confirm that the interest rate used to calculate SMI payments has increased to 3.66% with effect from 9 September 2024.
 
The interest rate is based on the Bank of England average. It will only change when the average differs from the existing applicable rate by 0.5 percentage points or more. The last change occurred on 11 December 2023.
 
Support for Mortgage Interest statistics: background and methodology
 

 

PLP Remain Concerned About DWP Policy On AI And Automation

Responding to the Department for Work and Pensions’ (DWP) annual report and accounts, published on 22 July 2024, the Public Law Project (PLP) has concluded that DWP “has failed to deliver on its promise of transparency”.
 
Having raised its concerns with the Public Accounts Committee (PAC) last year, PLP is concerned that DWP’s new report “provides no meaningful information about what technologies DWP is piloting or actually using nor how they are, or will be, deployed.” In particular, DWP has not provided information about safeguards it has put in place to mitigate harm nor about how its systems can be scrutinised by stakeholders. As a result, PLP conclude, “we cannot hold the DWP to account if it is using those technologies unlawfully.”
 
PLP is currently acting for the Work Rights Centre (WoRC) in relation to a potential claim against the DWP regarding its use of automated technologies and would be interested in speaking to UC claimants or caseworkers who may want to share experiences in relation to the following issues:

• UC Advance payment requests that may have been subjected to enhanced review prior to payment. This may include situations where advance payments were delayed or where UC claimants were notified that more information was required before payment was made; and 

• UC payments, where an existing UC award is in place, that have been investigated or suspended due to suspicion of fraud or error. This may have involved DWP teams known as the ‘Risk Review Team’, the ‘Enhanced Review Team’ or the ‘Enhanced Checking Service’.  

If you have relevant experiences you want to share or are a practitioner/caseworker who wants to discuss the pre-action letter, please get in touch by email to WelfareHub@publiclawproject.org.uk.
 
DWP’s annual report leaves many questions about AI and automation unanswered
 

 

New Digital System For NI Court And Tribunal Services Announced

Justice Minister Naomi Long has welcomed a new 20-year contract to modernise and transform service delivery and IT systems used by Northern Ireland Courts and Tribunals Service.
 
The Themis Programme will transform services and administrative processes across tribunals, civil, family, and criminal courts, establishing a digital first, paper-light environment that will speed up case progression and improve access to justice services.
 
Karen Ward, NICTS Chief Modernisation Officer, said:
 
“We are embarking on an exciting and innovative period in NICTS, through our Vision 2030 modernisation programme, that will focus on how to deliver change that meets the needs of those who use our services as well as the teams who deliver them.
 
“A new digital solution will incrementally replace our outdated and siloed IT systems. In addition, Themis will provide a web portal that will enable legal professionals, members of the public, NICS Departments and other justice partners to access our services directly online.”
 
New Themis Programme will transform court and tribunal services for all – Long
 

 

Discount Rate For Personal Injury Claims Updated

A new personal injury discount rate has been set following a review. The personal injury discount rate is a percentage adjustment to a lump-sum award of damages for future financial losses received as a result of a civil claim by a person who has suffered personal injuries, for example, after a car accident or an accident at work. It is applied to take account of the amount that would be expected to be earned from investing that lump sum.
 
The Government Actuary has determined that the rate should be +0.5%. The new rate comes into effect on 27 September 2024. The previous discount rate for Northern Ireland, set in March 2022, was –1.5%.
 
Justice Minister Naomi Long said:
 
“It is important that those members of our society who have sustained serious injuries through no fault of their own are fully compensated for their future financial loss, whilst also ensuring that the way this is calculated is fair to defendants.
 
“Given changing economic conditions, it is a benefit to both claimants and defendants that the discount rate is reviewed on a regular basis to make sure this important calculation remains as accurate as possible, in order that the principle of 100% compensation – no more and no less – is maintained in Northern Ireland.”
 
New discount rate for personal injury claims set

 

 

UK Government Outlines Plan To Get Britain Working

Speaking at the launch of a report by the Institute for Employment Studies, the UK Minister for Employment, Alison McGovern MP, has outlined the government’s plan to Get Britain Working Again.
 
The Minister placed particular emphasis on the 2.8 million people out of work sick and over nine million people economically inactive. Nearly 900,000 young people are not in education, employment, or training – up 74,000 on the year - while latest figures from the ONS show around 600,000 16-24-year-olds are unemployed, 63,000 more than pre pandemic.
 
Measures outlined include a Youth Guarantee to transform the lives of young people by providing work, apprenticeships and skills training and improvements to the UK’s employment service, separating it from delivery of social security benefits.
 
A Get Britain Working Again White Paper, to be set out in the Autumn, will outline plans to overhaul jobcentres, deliver a youth guarantee, and devolve powers to Mayors and local areas to deliver work, health, and skills plans.
 
Lockdown generation consigned to the ‘scrapheap’ will get life-changing support into work, vows Minister

 

 

Executive Sets Out Plan To End Violence Against Women And Girls

The Northern Ireland Executive has launched a Strategic Framework to End Violence Against Women and Girls. The strategy includes a Delivery Plan, which will see a £3million investment in a range of voluntary and community sector projects.
 
First Minister Michelle O’Neill said:
 
"Violence against women and girls must stop. That has been highlighted even more so in recent weeks with the deaths of four more women in horrific circumstances. To their families, I extend our deepest condolences and reiterate our commitment to working together to ending this violence, harm and abuse.
 
“The Delivery Plan will support those organisations working to prevent and challenge the attitudes, behaviours and culture that can lead to violence against women and girls. It will deliver real change for those who suffer harm and abuse across our society every day.
 
“The strategy and delivery plan build on the good work already being done and sets out a coordinated approach to tackle what is an extremely complex problem. It is vital we all continue to work together to build the transformative change we need so that women and girls can live free from violence.”
 
Ending Violence Against Women and Girls is a priority in the recently released draft Programme for Government (PfG) that is currently out for consultation.
 
Strategic Framework to End Violence Against Women and Girls launched
 

 

NIHE Rolls Out Further Changes To Housing Allocations Process

The latest set of changes to the allocation of social housing in Northern Ireland were made by the Northern Ireland Housing Executive (NIHE) on 2 September 2024. These initiatives form part of the wider Fundamental Review of Allocations that started in 2013.
 
The current initiatives, which make up the second of four phases in the introduction of the proposed changes, cover the following aspects of the allocation process:

• Increasing awareness and effectiveness of mutual exchange (swapping) as a housing option.
• Expanding the capacity of social landlords to make multiple offers on difficult-to-let properties.
• Allowing social landlords to withhold consent for a policy succession or assignment in a wider set of scenarios.

These changes include amendments to the Housing Selection Scheme Rules and applicants will therefore have right of appeal against aspects of decisions made in this context.
 
A timetable for the delivery of the third and fourth stages of the Fundamental Review of Allocations is still to be confirmed by the NIHE.
 
A more detailed summary of the changes is available from Housing Rights at the link below.  
 
Changes to the Housing Selection Scheme and Allocations
 

 

Immigration Rules Updated

On Tuesday 10th September, the Home Office laid a Statement of Changes to the Immigration rules. In an email to stakeholders the Home Office highlighted the following measures included in the Statement of Changes:
 
Electronic Travel Authorisation

• Extending the requirement to obtain an ETA to all nationalities who can currently travel to the UK without a visa, and setting out the date from which the requirement applies.
• See news story here: UK to expand digital travel to more visitors - GOV.UK (www.gov.uk)

 
Settlement Fees for bereaved partners

• Introducing a fee waiver for bereaved partners and their children applying for settlement.
• The current fee for an application for settlement as a bereaved partner is £2,885, which is the same as for most other applications for settlement. It is recognised that some people in this group may not be able to pay the fee due to their adverse personal and financial circumstances, and as a result may be prevented from applying for settlement. In recognition of this, a fee waiver on the basis of destitution has been implemented, effective on 9 October 2024.
• See news story here: Settlement fees waived for bereaved partners facing destitution - GOV.UK (www.gov.uk)

 
Changes to appendix EUSS

• Providing a basis in the rules for automatically converting pre-settled to settled status where the person qualifies for this, in support of proposals for EUSS automation.
• Enabling a child applicant resident in the UK before the end of the transition period, and who has since turned 21, to rely on the fact that they were under 21 at the end of the transition period and thereby not have to meet any requirement as to dependency on their parent(s).
• Enabling an EEA or Swiss citizen applying to the EUSS as a family member who has retained the right of residence, following the death or divorce of the relevant EEA citizen who was resident in the UK before the end of the transition period, to meet simpler criteria.
• Requiring a joining family member to apply to the EUSS within three months of their first (not latest) arrival in the UK since the end of the transition period (or later where there are reasonable grounds for their delay).
• Enabling pre-settled status to be curtailed (subject to a right of appeal) for helping a person after the end of the transition period to obtain, or to attempt to obtain, EUSS leave or an EUSS family permit fraudulently 

 
Changes to Appendix Student (regarding maintenance)

• There is a maintenance requirement for student applicants to demonstrate they have enough funds to support themselves for each month of their course (up to nine months). This is being changed to increase the maintenance requirement for international students to match the maintenance loans available for home students for the 2024-25 academic year. The aim is to ensure it aligns with home students’ maintenance loans in future.
• Currently the maintenance level is set at £1334/month for those studying in London and £1023 for people studying outside of London. This is being changed to £1483 and £1136 respectively.  This change will come into effect for students making a visa application on or after 2 January 2025. The current maintenance levels will remain in place up until that point.
• The maximum amount for the accommodation offset has been updated in line with the changes to the maintenance requirement. The accommodation offset allows students to demonstrate less maintenance funds if they have paid a deposit for their accommodation in the UK. The maximum offset is limited to one month’s maintenance, currently £1334, in line with the higher funds level for London students, which will increase to £1483 from 2 January 2025.
• The maintenance levels set for student dependants are being reviewed and the outcome will be confirmed in due course.

 
The full range of changes are explained in the accompanying Explanatory Memorandum.
 
Statement of changes to the Immigration Rules: HC 217, 10 September 2024
Statement of Changes in Immigration Rules: Statement made on 10 September 2024
 

 

Extension To Benefits Disregard Of Infected Blood Compensation Payments

Regulations have been laid in Northern Ireland that extend the capital disregard of infected blood compensation payments in the calculation of means-tested benefits, mirroring provisions in England and Wales.
 
In force from 10 October 2024, the amended regulations affect awards of income-based Jobseeker’s Allowance, income-related Employment and Support Allowance, Income Support, Housing Benefit and State Pension Credit. They establish an indefinite capital disregard to all payments made to beneficiaries out of the estate of a deceased infected person which derive from a payment made to the estate by an approved infected blood scheme.
 
The Social Security (Infected Blood Capital Disregard) (Amendment) Regulations (Northern Ireland) 2024
 
However, the Social Security Advisory Committee (SSAC) has already written to Sir Stephen Timms, Minister for Social Security and Disability, to express concerns about the equivalent GB legislation. In its letter dated 18 September 2024 the Committee sets out two immediate issues for consideration by the Department:

• Potential “flaws and complexities” in scenarios where there are a number of beneficiaries to an estate, someone has died intestate, the proceeds of an estate are contested, or descendants have had significant debts or have been declared bankrupt.
• Issues with the treatment of interest or income derived from capital, especially where the recipient has other capital or subsequently reinvests the compensation payment.

In addition, the Committee goes on to set out longer-term considerations for the Department, including:

• Developing a communication strategy for both beneficiaries and decision-makers to ensure rights of beneficiaries are properly protected into the future.
• Targeting advice to beneficiaries through the Infected Blood Compensation Authority.
• Shifting to a comprehensive legislative framework to avoid the need for equivalent secondary legislation in similar scenarios.

In his response the Minister acknowledged the issues raised by the Committee and said that the Department will provide a detailed response once it has carried out the work needed to consider them in full.
 
Correspondence: The Social Security (Infected Blood Capital Disregard) (Amendment) Regulations 2024
 

 

GB Upper Tribunal Rules On Procedures For Considering Evidence In PIP Appeals

In a recent Personal Independence Payment (PIP) case the Upper Tribunal in Great Britain ruled that the First-tier Tribunal (FTT) made an error of law in failing to weigh up the evidence and give adequate reasons for its decision. The original decision failed to reference evidence from the health-care professional and the claimant’s GP. In addition, the appellant was not afforded the opportunity to comment on observations made on the day of the hearing.
 
In the judgement Judge Fitzpatrick explained:
 
“Where, as here, there is a conflict in the evidence the FTT must state which evidence it prefers and why … In my judgment therefore, the FTT was in error of law on a tripartite basis firstly, in failing in its inquisitorial duty to explore the evidence and find the relevant facts, secondly, to resolve the clear conflict in the medical evidence and thirdly, to provide adequate reasons for its decision.”
 
Further, in conclusion:
 
“Although the FTT is entitled to afford weight to whatever evidence it chooses, where there is conflicting evidence, it must in the first instance explore and consider it in a holistic manner and provide sufficient reasons explaining why it preferred the evidence that it has. In this appeal the FTT has not done that. There is a lack of reference to the medical evidence which demonstrates the long-standing nature of the claimant’s health conditions. For the reasons set out above the FTT have failed to give adequate reasons, making it difficult for the claimant and the Upper Tribunal to know whether the FTT applied the correct legal tests in assessing the evidence, making its findings of fact, and arriving at its decision.”
 
Advisers and representatives should note that decision makers and judges in Northern Ireland are not bound by decisions of the Upper Tribunal in Great Britain.
 
MB v Secretary of State for Work and Pensions : [2024] UKUT 271 (AAC)
 

 

DWP Issues Guidance For Claimants On Calculation Of The Transitional Element In UC Migration Awards

The Department for Work and Pensions (DWP) has issued new guidance for claimants migrating to Universal Credit (UC) on how the transitional element is calculated.
 
The guidance addresses the following issues, all of which are treated in brief:

• What the transitional element is
• How we calculate the transitional element
• Information we use to calculate the transitional element
• If you’re a carer
• If you’re in a couple
• If you’re responsible for a child
• If you’re moving from Employment and Support Allowance (ESA)
• If you’re moving from tax credits
• If you’re eligible for housing costs

The text covers a number of issues which are helpful for understanding the detail of the calculation of the transitional element, and which may cause discrepancies between the claimants legacy award and the amount of UC they eventually receive. The following quotations are especially noteworthy:
 
“The indicative Universal Credit award, including the transitional element, is an estimation based on your circumstances the day before you make your Universal Credit claim.”
 
“Universal Credit claims are affected by the benefit cap. The cap is also used in the calculation of the transitional element and applied to the indicative Universal Credit award.”
 
“If you and your partner live apart and claim tax credits as a couple, you’ll be treated as 2 separate households on Universal Credit. In these circumstances, you and your partner would not be eligible for the transitional element.”
 
“If you currently receive Child Tax Credits but your child is not eligible for the child element of Universal Credit, the transitional element will not cover that difference in entitlement.”
 
How the transitional element is calculated when you move to Universal Credit
 

 

PIP Condition Insight Reports Made Available For First Time

Following a Freedom of Information Request (FOI) and engagement with DfC and Capita, Law Centre Northern Ireland has published a series of Condition Insight Reports (CIRs) to assist claimants applying for Personal Independence Payment (PIP) and those advocating on their behalf.
 
A CIR is a health condition report produced and published by Capita, the organisation contracted to conduct clinical assessments for PIP and, since 7th September 2024 the Work Capability Assessment for Universal Credit and Employment and Support Allowance. They are created individually for respective health conditions and provide key information on particular conditions, produced collaboratively with subject-matter experts.
 
Capita are now planning to publish CIRs on the new Health Assessment Advisory Service website. This will ensure that published CIRs remain up-to-date.
 
Condition Insight Reports (PIP)
Brief on Condition Insight Reports (PIP)
 

 

Guide To Understanding Carer's Allowance Overpayments

In light of news stories across the United Kingdom surrounding the issue of Carer’s Allowance overpayments the Law Centre has prepared a new guide to help frontline workers and advisers in Northern Ireland better respond to this issue.
 
This guide provides background information on entitlement to Carer’s Allowance and the potential causes of overpayments before outlining best practice for disputing overpayment decisions, as well as alternative options for dealing with overpayments, such as discretionary waiver and repayment negotiation.
 
A Guide to Understanding Carer's Allowance Overpayments
 

 

Updated Guidance On Treatment Of Claims From European Union National Claimants With Pre-Settled Status

The Department for Communities have published a new memo explaining the impact of the recent decision to refuse permission for the Secretary of State to appeal to the Supreme Court in the AT case. As a consequence, the judgment of the Court of Appeal handed down on the 8 November 2023 is now final and needs to be implemented.
 
The decision relates to claims for Universal Credit, Pension Credit and Housing Benefit from European Union national claimants with pre-settled status under the European Union Settlement Scheme who have no other legal right to reside for the purpose of the habitual residence test. The Court of Appeal supported the conclusions of the Upper Tribunal, finding that the European Union Charter of
Fundamental Rights continued to apply to European Union citizens in scope of the Withdrawal Agreement. The Court of Appeal held that where the case of AT applies, the Secretary of State was required to consider if a refusal of Universal Credit would put a person at risk of destitution.
 
The Upper Tribunal findings in AT are declaratory in law, meaning that they can be applied to new cases from the date of the decision (12 December 2022 onwards) and this date is the relevant determination date. Any cases stayed under Article 25(2) of the Social Security (NI) Order 1998 should now be processed and an appropriate decision made.
 
ADM Memo 6/24
 

 

Home Office Summary Of eVisa Transition

In view of the transition to eVisas for most forms of immigration during 2025 the Home Office has made available some key information on the transition to eVisas. The information will be continuously updated.
 
Questions addressed in the guidance include:

• What is an eVisa?
• When are eVisas launching?
• Can you still use a physical document if it expires, and you don’t get an eVisa?
• What do customers need to do if they hold a BRP that expires at the end of 2024?
• What do legacy paper document holders need to do to evidence their rights in the UK?
• What do eVisas mean for international travel?
• Is there help and support for vulnerable groups?

Media factsheet: eVisas
 

 

CPAG Makes Case For Ending The Benefit Cap

A new briefing from the Child Poverty Action Group (CPAG), in collaboration with Shelter and Women's Aid, makes the case that the household benefit cap, which limits the total amount a part-time, low-earning or out-of-work household can receive in benefits, is “trapping families in deep poverty” and “having a disproportionate impact on survivors of domestic abuse and on children”.
 
As the briefing explains, recent research found that there were only enough affordable homes across the country to house one in six capped families and even social rents are becoming unaffordable.
 
The benefit cap is therefore contributing to homelessness, as families are trapped in refuges and other forms of temporary accommodation and are unable to move on to secure and affordable homes.
 
Why scrapping the household benefit cap is vital for families, children and survivors of abuse
 
In Northern Ireland, this emphasises the enormous significance of the looming cliff-edge in respect of benefit cap mitigations payments, which will end from March 2025 without direct intervention from the Executive and Assembly. We are calling on the Minister for Communities to act now to protect the most vulnerable in our society from the pernicious effects outlined in this report.
 

 

Think Tank Analyses Evidence For Abolishing The Two-Child Limit

In response to the new government’s decision to set ‘breaking down barriers to opportunity’ for children as a key priority, the Institute for Fiscal Studies (IFS) has published a report into recent trends and available policy options for tackling child poverty.
 
Key findings from the report are that the child poverty rate is highest among families with three or more children and the single most cost-effective policy for reducing the number of children living below the poverty line is removing the two-child limit. Moreover, the report also suggests the government should consider the effects of policy change across the distribution of incomes and not just around the poverty line, as the evidence also shows that removing the benefit cap would significantly alleviate the depth of poverty faced by some of the poorest children and provide a bigger proportional boost to their incomes.
 
Child poverty: trends and policy options
Podcast: How can government reduce child poverty?
 

 

Universal Credit Five-Week Wait

In a new report, No more time to wait, the Alliance Party in Northern Ireland has criticised successive Communities Ministers for making little progress in fixing issues caused by the universal credit five-week wait.
 
While the report acknowledges that alternative support is available from the Universal Credit Contingency Fund (UCCF) it highlights flaws in the system including a lack of awareness about the scheme, narrow eligibility criteria, and the impact of payments on other forms of Discretionary Support.
 
As a result, the report sets out a detailed series of proposals to mitigate the worst impacts of the five-week wait for universal credit in the short term, including:

• making the UCCF the first source of support offered to new claimants who are struggling financially, and referring all claimants for independent advice before they take on an advance payment;
• increasing the UCCF budget to at least £6 million per year and widening eligibility beyond those facing destitution to include claimants with low levels of savings;
• ensuring that receipt of a UCCF grant does not impact on eligibility for Discretionary Support;
• delivering an awareness-raising campaign - including television advertisements - to promote the Fund, with a particular focus on the places and spaces occupied by different claimant groups; and
• increasing the universal credit advance repayment term to 36 months and setting a minimum floor below which a claimant’s income cannot fall due to deductions.

Speaking at the launch of the report, North Antrim MLA Sian Mulholland said:
 
“The universal credit five-week wait is driving poverty and misery in every corner of Northern Ireland today. Despite repeated calls for help, successive Communities Ministers have made little progress on fixing the issues. Universal credit claimants have no more time to wait. The five-week wait is forcing some people to go hungry, turn to food banks and live in cold homes. That is not good enough.”
 
Five-week Universal Credit wait forcing some to turn to illegal money lenders, says Mulholland, as Alliance launch policy document
No More Time to Wait
 

 

Deductions From Universal Credit

New research from the Public Law Project analyses the harmful impact of the Department for Work and Pensions (DWP) applying deductions to people’s benefits, which affects over half of households on Universal Credit.
 
The research found that people can’t easily challenge or seek relief from these harsh deductions due to the DWP’s confusing and fragmented system. In fact, they might not even be told about these deductions before having them applied.
 
Barriers to seeking relief from debt include insufficient information about the debt the deductions related to and the process for requesting relief, a fragmented system where departments fail to communicate, and psychological or emotional barriers such as fear, stress and embarrassment.
 
The Public Law Project supports calls for a reduction in the default rates of recovery for deductions. In addition, it urges the DWP to improve this system in the following ways:

• The DWP should carry out a proactive assessment of claimants’ individual circumstances and their ability to repay before deciding to recover an overpayment.
• Claimants should be contacted before the recovery is triggered to establish an affordable repayment plan.
• The DWP should improve coordination between different departments and organisations, as well as the consistency and quality of communications with claimants.
• People should be directly told about all available remedies and hardship measures.

From Pillar to Post
 

 

Charity Outlines Its Three-Step Plan For UC

The Child Poverty Action Group (CPAG) has updated its report laying out a plan and policy recommendations for improving UC across three key areas: adequacy, the design and function of UC, and UC’s relationship to work.
 
The recommendations for reform made in the report require a mix of amendments to primary and secondary legislation, changes to guidance, and a number of operational/technical changes to the UC system.
 
Some of the highlights from the recommendations in the report include:

• Scrap the two-child limit
• Remove the benefit cap
• Reduce the monthly cap on deductions 
• Launch an immediate review of benefit adequacy
• Amend the UC digital claim form
• Automatically transfer at-risk claimants 
• Fill the gaps in the managed migration ‘enhanced support journey’
• Increase the capacity of advice services
• Improve the support for people without digital skills or access to manage claims 
• Conduct a review of conditionality in UC
• Substantially reduce the use of sanctions
• Introduce a second earner work allowance
• Cover 100 per cent of childcare costs in UC 
• Extend childcare to parents preparing for work or training
• Review monthly assessment periods
• Abolish minimum income floor and surplus earnings rules

Universal credit: A three-step plan
 

 

Voluntary And Community Sector Workforce Report

A new report by NICVA highlights the challenges faced by Northern Ireland’s voluntary and community sector workforce, examines the implications of these challenges, and reflects on potential solutions to mitigate these difficulties.
 
While the report praises the positive community impact of VCS work, it calls for immediate structural reforms to address these challenges, including stable, long-term funding and the crucial need for greater awareness and promotion of the value of the sector.
 
NICVA Launches 2024 Voluntary and Community Sector Workforce Report
 

 

Poverty And Financial Hardship Of Unpaid Carers In The UK

Carers UK and WPI Economics have published a new report which reveals the scale of poverty amongst unpaid carers in the UK as well as presenting the most effective solutions to lift carers out of poverty.
 
The project found that:

• 1.2 million unpaid carers live in poverty, and 400,000 live in deep poverty in the UK.
• The poverty rate for unpaid carers was 50% higher than for those who did not provide care (27% vs 18%).
• Nearly 1 in 10 unpaid carers (9%) live in deep poverty in the UK.

The research also shows that the following measures would be cost effective in lifting many carers out of poverty:

• An immediate uplift to Universal Credit Carer Element and Carer Addition Pension Credit of £11.10 would lift 30,000 people out of poverty and 40,000 people out of deep poverty at a cost of £580 million per year.
• An increase of £36.30 for carers receiving Universal Credit would lift 110,000 people out of poverty and 140,000 out of deep poverty, at a cost of £1.8 billion per year.
• An increase of £36.30 to Carer Addition to Pension Credit could lift 20,000 older carers out of poverty at a cost of £300 million.
• An increase in the earnings limit for Carer’s Allowance to the equivalent of 21 hours at National Living Wage could lift 50,000 carers out of poverty, at a cost of £90 million per year.

 Poverty and financial hardship of unpaid carers in the UK
 

 

Charity Highlights “postcode lottery” For Free School Meals

Child Poverty Action Group (CPAG) have revealed their findings from analysis of school meals provision across the UK, concluding that variable policies create a “postcode lottery”.
 
Each of the four nations have different free school meals eligibility criteria, with England’s by far the most restrictive. One third (33%) of children in poverty in England (900,000 children) don’t qualify for free school meals under the English national schemes (universal infant free school meals and income-related free school meals). In Wales 15% of children in poverty aren’t eligible under its national scheme (20,000 children). In both Scotland and Northern Ireland the figure is 20%, (25,000 children and 15,000 respectively).
 
CPAG also point to evidence that children’s health, attainment and social experiences in the dining hall improve when free school meals are available to all children. Universal provision also supports home-school relations through the elimination of school dinner debt.
 
Head of education policy at CPAG Kate Anstey said:
 
“The provision of free school meals greatly depends on where you live in the UK but none of the nations are managing to get a free meal in the middle of the day to every child in poverty. That fails some of the children who would benefit the most. The UK Government and devolved governments must change the qualifying criteria so that every child that needs a school lunch has one, while working towards removing means-testing entirely from the lunch hall. School food and its benefits must be available to children in a way that’s reliable, not random.”
 
UK children in postcode lottery for free school meals
 

 

Executive Announces Consultation On Its Draft Programme For Government

An eight-week public consultation on the Northern Ireland Executive’s draft Programme for Government was launched on Monday 9 September. Submissions can be made through an online survey, and responses must be made before the consultation deadline on 4 November 2024.
 
The Executive Office is also conducting a number of in-person and online consultation events to gather the views of interested parties.
 
The Programme for Government is a legislative requirement within Section 20 of the Northern Ireland Act 1998. It states: “The Executive Committee will seek to agree each year, and review as necessary, a programme incorporating an agreed budget linked to policies and programmes, subject to approval by the Assembly, after scrutiny in Assembly Committees, on a cross-community basis.”
 
Speaking as the consultation was launched, First Minister Michelle O’Neill said:
 
“The draft Programme for Government sets out the Executive’s priorities to tackle the biggest issues facing workers, families and communities here. From cutting hospital waiting times, delivering affordable childcare, to providing more affordable housing, we are taking action to ensure our communities have access to the life opportunities they deserve.”
 
Deputy First Minister, Emma Little-Pengelly said:
 
“We want to build on Northern Ireland’s reputation as a great place to live, work and invest by supporting our homegrown businesses and local talent through education, skills and jobs creation.
 
“We also want to improve access to public services by investing in new ideas and technology as well as upgrading our infrastructure.”
 
Programme for Government consultation launched
Draft Programme for Government 2024-2027 ‘Our Plan: Doing What Matters Most’ Public Consultation
 

 

Gambling Code Of Practice

In fulfilment of its obligation under the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 the Department for Communities is conducting a 12-week consultation on an initial gambling Code of Practice.
 
The Code proposed would have the effect of:

• prohibiting acceptance of credit payments from customers who are not themselves gambling operators;
• banning Automated Teller Machines (ATMs) (or any method of withdrawing cash from a financial institution) from bookmakers’ offices, bingo clubs and dedicated amusement and gaming centre premises;
• requiring age limit notices to be displayed outside and inside gambling premises;
• requiring age verification checks to be carried out on prospective gambling customers who appear to be below the legal age for gambling; 
• requiring adherence to the UK Fund Raising Code of Practice in relation to society lottery fundraising activities involving children; and
• requiring a gambling customer self-exclusion scheme to be in place and to be made available to any gambling customer who wishes to self-exclude.

The consultation will close on 24 December 2024.
 
Consultation on Article 180A of The Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985: Initial Gambling Code of Practice
 

 

Joint Framework For Digitalising And Sharing Data On Electricity Licences

The Utility Regulator is consulting on its plan to introduce new electricity licence conditions which require both SONI and NIE Networks Ltd (Transmission and Distribution) to produce a joint framework for digitalising and sharing data which will benefit customers and are aligned with stakeholders needs.
 
The principal purpose of these proposed modifications is to require the companies to jointly develop, adopt, maintain and publish and comply with a Digitalisation Strategy and Action Plan.
 
Interested parties can provide feedback on SONI’s and NIE Networks' proposed new licence conditions by 5.00pm on Tuesday 26 November 2024 by email to dataanddigitalisation@uregni.gov.uk and fiona.gallen@uregni.gov.uk.
 
A full consultation document is available.
 
Notice and consultation on new digitalisation licence conditions for SONI and NIE Networks
 

 

Halifax Foundation - Community Flex

Registered charities can apply for grants of up to £10,000 to support those in greatest need, such as individuals affected by poverty, unemployment, disabilities, or mental ill health.
 
The funding, provided through the Halifax Foundation for Northern Ireland’s Community Flex Programme, can be used for various purposes, including:

• materials & equipment
• salary contributions
• overheads / core costs
• transport costs
• volunteer expenses

To be eligible, organisations must have an annual income of less than £500,000, and will typically focus on social and community welfare, and education and training.
 
Grants are available for a 12-month period, with the average grant being £4,500. The programme is designed to be as flexible as possible.
 
Applications are accepted on a rolling basis.
 
Community FLEX
 

 

Anti-Poverty Strategy

AQW 14642/22-27, tabled on 09/09/2024 by Sinéad McLaughlin (SDLP)

To ask the Minister for Communities (i) why the Anti-Poverty Strategy is not included in the draft Programme for Government; and (ii) to provide an update on its delivery and funding.
 
Answered by the Minister on 18/09/2024
The draft Programme for Government (PfG) sets out the Executive’s priorities for this Assembly mandate. The delivery of the Social Inclusion Strategies, which includes the Anti-Poverty Strategy, is referenced in the current draft of the PfG and you will note also that the issue of poverty is referenced at several points throughout the text.
 
Addressing poverty in all its forms is a key priority for me. I am committed to working with all my Ministerial colleagues to ensure that the Anti-Poverty Strategy is taken forward in the most effective and expeditious way possible, taking account of departmental budget allocations and the need to develop a prioritised, sustainable and deliverable Strategy action plan.
 
I am currently considering the next steps to be taken in relation to the Executive Anti-Poverty Strategy. Final decisions on the content and implementation of the Anti-Poverty Strategy will be subject to Executive agreement.
 

 

Fuel Poverty

AQO 777/22-27, tabled on 05/09/2024 by Peter McReynolds (APNI)

To ask the Minister for Communities to outline his immediate plans to mitigate fuel poverty for people who are most vulnerable.
 
Answered by the Minister on 16/09/2024
The impacts of Fuel Poverty can be felt right across our society. Living in a cold home creates health risks for people of all ages. Cold and damp homes are linked to worsening respiratory conditions, cardiovascular diseases, poor mental health, dementia and hypothermia. This is particularly important for vulnerable people or those with existing health conditions.
 
My officials are currently drafting a new Fuel Poverty Strategy which will set out a long-term strategic approach to reducing fuel poverty. The new Fuel Poverty Strategy will take a needs-based approach to targeting support, with a focus on long term sustainable solutions to address the causes of fuel poverty and reduce the poor health outcomes associated with cold homes.
 
The strategy will contain some key themes including how government supports those living in or at risk of fuel poverty, improved collaboration to target the hard to reach and make best use of our resources, improve health outcomes and provide consumer protection through the energy transition.
 
My Department continues to deliver the Affordable Warmth Scheme for owner occupiers and those in the private rented sector most at risk of fuel poverty. This application-based scheme provides low-income households with a range of heating and insulation measures to improve the thermal efficiency of their home.
 
I am developing a new more ambitious fuel poverty intervention to replace the Affordable Warmth Scheme when to comes to an end in March 2026. This fuel poverty intervention will ensure people living in owner occupied or private rented homes and experiencing fuel poverty, receive vitally important energy efficiency work.
 
For those in need of immediate support, additional financial support is available through my Department’s Discretionary Support Service. This is unique to Northern Ireland and is there to provide support to people in financial need and those who require short term assistance in crisis or emergency situations.
 
My Department’s ‘Make the Call’ service continues to support individuals and families who otherwise may be missing out on benefits they are entitled to. My Department’s communication team regularly undertakes activities to promote Pension Credit to encourage pensioners to check their eligibility for pension credit and any other benefits. Our State Pension staff also triage customers who may be eligible to receive Pension Credit and introduce them directly to the Pension Credit team.
 
The Northern Ireland Housing Executive also offers support with energy-efficiency advice that is targeted actively at vulnerable households and those that will benefit most from energy efficiency related advice. As the One-Stop Shop for energy advice across all tenures in Northern Ireland, they offer information to help with energy efficiency, grants, signposting, renewable energy advice, how to switch energy provider, debt assistance, fuel poverty advice and how to benefit from oil-buying savings across NI.
 

 

Hardship Fund

AQW 14852/22-27, tabled on 11/09/2024 by Mark Durkan (SDLP)

To ask the Minister for Communities to detail (i) whether he will put plans in place to restore the Hardship Fund for local councils; and (ii) any engagement he has had with Executive colleagues in relation to ensuring the Hardship Fund is an Executive funding priority moving forward.

Answered by the Minister on 23/09/2024
The funding available for my Department was set within the context of a constrained financial position for 2024/25, and the overall Departmental budget position was considered against competing priorities.
Due to the financial constraints on the Department’s budget the Department is currently unable to provide any hardship funding for 2024/25 and due to the continuing uncertainty in funding it would not be possible to consider a recurrent funding model at this time.
 

 

Living Wage

AQW 14436/22-27, tabled on 04/09/2024 by Kellie Armstrong (APNI)

To ask the Minister for Communities whether all providers of contracted or grant funded services that receive funding from his Department, or through an arm’s length body or non departmental public body, are sufficiently funded to enable all employed staff to receive, as a minimum, the Living Wage.
 
Answered by the Minister on 18/09/2024
My department’s directly contracted services have required all suppliers appointed since June 2022 to ensure that those who are delivering services to DfC are paid at least Real Living Wage to comply with Executive accreditation as a Living Wage employer and deliver on Social Values Policy.
 
Grant funding provides a contribution towards eligible costs, which may include salaries and running costs incurred in the delivery of a range of agreed policy outcomes.
 
My department is not the employer of staff in any arm’s length body or non-departmental public body it funds. Terms and conditions and pay policies are a matter for the employer.
 

 

No Fault Evictions

AQW 15130/22-27, tabled on 16/09/2024 by Mark Durkan (SDLP)

To ask the Minister for Communities whether his Department will reconsider a ban on no fault evictions.
 
Answered by the Minister on 25/09/2024
I currently have no plans to ban no fault evictions. My Department is already taking forward work, as mandated by the Assembly, to increase security of tenure through the introduction of much longer notice to quit periods.
 
My consideration of what further actions I can take to improve protections for tenants in this mandate will take account of what is happening in other jurisdictions, alongside the particular legislative and policy context for the Private Rented Sector here.
 

 

Private Rented Sector

AQW 15128/22-27, tabled on 16/09/2024 by Mark Durkan (SDLP)

To ask the Minister for Communities, in light of the draft Programme for Government, to detail his Department's plans for a programme of reform in the Private Rented Sector.
 
Answered by the Minister on 24/09/2024
As set out in the draft Programme for Government, I will continue my programme of reform in the Private Rented Sector. Phase 1 of this reform is encompassed in the Private Tenancies Act (NI) 2022. My Department has made good progress in implementing this legislation, including:

• Information to be provided to tenants and the requirement for receipts for cash payments,
• A limit on deposits and an increase in time to protect these deposits; and
• Standards for Smoke, Heat and Carbon Monoxide Alarms.

Subject to Assembly approval, it is anticipated that Regulations on Electrical Safety Standards and Notice to Quit Exceptions will be in place in the coming months.
 
Regulations on Minimum Energy Efficiency standards remain at early consideration stage. Given their complexity and cross cutting nature, it is likely that they will take at least 2-3 years to complete.
 
My Department has commenced work to transfer the operation of Landlord Registration to Councils. The aim of this work is to make registration a more meaningful tool to improve the Private Rented Sector. It is anticipated that the transfer will commence next year on a phased basis.
 
I am currently considering what further actions I can take in Phase 2 of my programme that will further improve the safety, security and standards of the Sector.
 

 

Two-Child Limit

AQW 14514/22-27, tabled on 05/09/2024 by Mark Durkan (SDLP)

To ask the Minister for Communities to detail the number of families impacted by the two-child benefit limit.
 
Answered by the Minister on 18/09/2024
In May 2024, there were 10,830 households receiving Universal Credit impacted by the two-child policy.
 

 

Warm Homes Scheme

AQW 15137/22-27, tabled on 16/09/2024 by Michelle McIlveen (DUP)

To ask the Minister for Communities whether he will provide additional support to the Warm Homes Scheme to help mitigate the impact of the cut in the winter fuel allowance.
 
Answered by the Minister on 30/09/2024
I have allocated an opening budget of £7.175m for the Affordable Warmth Scheme (AWS) to cover £5.2m of approvals carried forward and £1.975m for new approvals.
 
The Equality Impact Assessment consultation on the Department’s budget closed on 3 September 2024. My officials are reviewing the responses from the Equality Impact Assessment (EQIA) on Budget 2024-25 and any areas identified as requiring mitigations will be considered. Once all the responses have been analysed, a final decision report will be drafted for publication. This will be provided to the Executive (via DoF), to support the Executive’s consideration of equality during the in-year monitoring rounds.
 

Winter Fuel Payment

AQO 779/22-27, tabled on 05/09/2024 by Mark Durkan (SDLP)

To ask the Minister for Communities to outline what measures he plans to put in place to financially support pensioners who will lose their Winter Fuel Payments as a result of changes to the scheme.

Answered by the Minister on 16/09/2024
I strongly disagree with, and I am totally opposed to the Labour Government’s decision to change the Winter Fuel Payment eligibility criteria and I am very concerned about the serious consequences this will have on the comfort, wellbeing and health of older people across Northern Ireland.
 
Given the Barnett consequential arising from the announcement on Monday 2 September 2024 by Work and Pensions Secretary, Liz Kendall MP, to extend the Household Support Fund in GB, my Department will be seeking funding to help struggling households with bills and essential costs over winter.
 
I want to ensure that any additional money allocated to the NI Block will be used to ensure that vulnerable older people in Northern Ireland receive assistance with essential costs this winter.
 
I am keen to explore, along with Executive colleagues, the option (with the help of DWP) of issuing a one-off hardship payment to those in receipt of state pension who will lose out on the Winter Fuel Payment this winter.
 
My officials are currently working with DWP counterparts to consider the legislative and operational implications of this approach. I will keep the Assembly informed about how we can best help in this regard.
 
In the meantime, it is extremely important that people ensure that they are receiving all of the benefits they are entitled to. I would therefore encourage everyone to check their entitlement to Pension Credit at their earliest opportunity.
 
This can be done by telephoning the Northern Ireland Pension Centre’s Pension Credit Application Line.
 
The Department’s unique Make the Call Wraparound Service puts people in touch with any benefits, supports and services to which they may be entitled, and I would also encourage people to get in touch with them.
 
My officials are also working on a Fuel Poverty Strategy that will provide a long-term framework for reducing fuel poverty, recognising that this will have positive impacts on both mental and physical health, especially for the most vulnerable in society.
The strategy will address issues such as improving energy efficiency in homes, a new fuel poverty energy efficiency scheme, how to support those living in or at risk of fuel poverty and ensure consumer protection. 
 
 

AQW 14281/22-27, tabled on 02/09/2024 by Claire Sugden (Ind.)

To ask the Minister for Communities to detail (i) the cost of moving the winter fuel payments to a means-tested model; (ii) whether there is an application process for the new model; and (iii) how much less the new model will cost compared with the current model.
 
Answered by the Minister on 17/09/2024
Winter Fuel Payments are administered by the Department for Work and Pensions. Therefore, there is no cost to my Department from the move to a means-tested model in Northern Ireland. Means tested Winter Fuel Payments will be funded directly from HM Treasury and are outside the NI Block Grant.
 
Most people get the Winter Fuel Payment automatically if they meet the eligibility criteria. An application is not needed if you get any of the following:

• Pension Credit
• Income Support
• Income related Employment and Support Allowance (ESA)
• Income based Jobseeker’s Allowance (JSA)

People born before 23 September 1958 and who receive Universal Credit may need to claim and more information about how to do that can be found at https://www.gov.uk/winter-fuel-payment/how-to-claim.
 
Means-testing Winter Fuel Payments under the new model will reduce Annually Managed Expenditure (AME) costs incurred by HM Treasury by approximately £44.3m for eligible Northern Ireland recipients.  AME costs are funded directly from HM Treasury and are outside the NI Block Grant.
 

 

Bedroom Tax

UIN 2957, tabled in the Commons on 30 August 2024 by Clive Lewis, Labour

To ask the Secretary of State for Work and Pensions, whether she plans to review the removal of the spare room subsidy.
 
Answered on 4 September 2024 by Sir Stephen Timms
Any decisions on the Removal of the Spare Room Subsidy policy need to be taken in the context of the Government’s missions, housing priorities, and the fiscal context.
Those unable to meet a shortfall in their rent can seek a Discretionary Housing Payment (DHP) from their local authority. DHPs can be paid to those entitled to Housing Benefit or the housing element of Universal Credit.
 

 

Child Maintenance Service

UIN 4855, tabled in the Commons on 9 September 2024 by Andrew Cooper, Labour

To ask the Secretary of State for Work and Pensions, if she will make an estimate of the number of victims of domestic abuse experiencing financial abuse while using the Child Maintenance Service.
 
Answered on 17 September 2024 by Andrew Western
The Department is assessing how it can provide statistics on domestic abuse now the application fee exemption statistics are no longer published. The Department's Chief Statistician will oversee the development of these statistics to make sure they meet the Code of Practice for Statistics.
 
The Department takes the issue of domestic abuse extremely seriously and the Child Maintenance Service (CMS) offers an accessible, safe, and secure service for all parents. All CMS caseworkers receive training on how to identify the different types of abuse, including financial abuse and how they can appropriately support and signpost victims and survivors.
 
The CMS reviews its domestic abuse training regularly to ensure caseworkers are equipped to support parents in vulnerable situations and the Department will continue to meet stakeholders regularly to maintain an open dialogue on how to improve the service.
 
There are several secure ways to receive maintenance directly without having to divulge sensitive personal details, including for victims of domestic abuse and other vulnerable parents. The CMS can help arrange for payments to be made to bank accounts that cannot be traced to a physical location which helps to protect the parent’s location. The CMS does not put parents directly in touch with each other, nor does it share their current location via correspondence.
 
A consultation on proposed reforms to the CMS was published by the previous Government on 8 May 2024. This included removing Direct Pay and managing all CMS cases in one service to allow the CMS to tackle non-compliance faster and explore how victims and survivors of domestic abuse can be better supported. This follows the Child Support Collection (Domestic Abuse) Act receiving royal assent in July 2023.
 
The consultation has been extended to the 30 September 2024 to ensure full stakeholder engagement can take place.
 

 

Managed Migration

UIN 3573, tabled in the Commons on 30 August 2024 by Rachel Blake, Labour

To ask the Secretary of State for Work and Pensions, what progress her Department has made on the managed migration of disabled people from the Employment Support Allowance support group onto Universal Credit.
 
Answered on 9 September 2024 by Sir Stephen Timms
The Department started moving customers who were claiming Employment Support Allowance with Child Tax Credits to Universal Credit from July. From September we will begin moving across customers receiving Employment and Support Allowance only or those with ESA with housing benefit. These plans are informed by learning, which started in June, where 500 ESA customers were invited to claim Universal Credit.

 

Pensioner Poverty

UIN 3440, tabled in the Commons on 30 August 2024 by Jess Asato, Labour

To ask the Secretary of State for Work and Pensions, what recent estimate she has made of the number of pensioners not in receipt of Pension Credit living in (a) relative and (b) absolute poverty; and what estimate she has made of the number of additional pensioners who will be living in (i) relative and (ii) absolute poverty as a result of no longer receiving the Winter Fuel Payment.
 
Answered on 18 September 2024 by Emma Reynolds
For the latest year 2022/23, 1.9 million pensioners were in relative poverty after housing costs (AHC). Of these, 1.6 million pensioners were not in receipt of Pension Credit.
 
For the latest year 2022/23, 1.4 million pensioners were in absolute poverty AHC. Of these, 1.2 million pensioners were not in receipt of Pension Credit.
 
A household is in relative poverty if its income is less than 60 per cent of the median household income in a given financial year. ​A household is in absolute poverty if its income is less than 60% of median household income in 2010/11, uprated by inflation.​
 
‘Households Below Average Income’ provides estimates on the number of and percentage of people living in low-income households based on their household disposable income. As an income measure, it does not include other available resources that might impact on a household’s poverty levels such as savings.
 
These numbers have been rounded to the nearest 100,000.
 
This data is available on Stat-Xplore in the ‘Households Below Average Income’ dataset.
 
More Information on the data included in the ‘Households Below Average Income’ dataset can be found here.
 
Guidance on how to use Stat-Xplore can be found here.
 
An account is not required to use Stat- Xplore, the ‘Guest Login’ feature gives instant access to the main functions.
 
Recognising the wide-ranging causes of pensioner poverty, we will explore how we can use all the available levers we have across government, external partners and local authorities. This includes boosting the uptake of Pension Credit to ensure that the poorest pensioners get the support they need.
 
We know there are low-income pensioners who aren’t claiming Pension Credit, and we urge those people to apply. This will passport them to receive Winter Fuel Payment alongside a range of other benefits – depending on circumstances, these could be worth hundreds of pounds that could really help them.
 
 

UIN 5234, tabled in the Commons on 10 September 2024 by Neil Duncan-Jordan, Labour

To ask the Secretary of State for Work and Pensions, if she will set up a Pensioner Task Force to (a) assess intersecting issues of income, housing, health and fuel costs and (b) make recommendations to tackle pensioner poverty.
 
Answered on 18 September 2024 by Emma Reynolds
We are determined to support pensioners and give them the dignity and security they deserve in retirement. The Government has committed to reviewing the pensions landscape. The first phase, focusing on investment outcomes, began in July and we will follow that later this year with the next phase that will consider further steps to improve pension outcomes, including assessing retirement adequacy.
 
Immediate support for pensioners includes our commitment to the Triple Lock, with over 12 million pensioners set to benefit through the course of this parliament, with the full yearly rate of the new State Pension forecast to increase by around £1,700.
 
Pension Credit continues to provide a safety net for the poorest pensioners and those with additional needs, such as those with a severe disability, caring responsibility, responsibility for a child or certain housing costs. We want everybody who could be eligible to claim it, which is why we have launched a nationwide Pension Credit take-up campaign.
 
The Household Support Fund (HSF) is also being extended for a further 6 months, from 1 October 2024 until 31 March 2025, to support those most in need, including vulnerable pensioners. An additional £421 million will be provided to enable the extension of the HSF in England, plus funding for the Devolved Governments through the Barnett formula to be spent at their discretion, as usual.
 

 

Statutory Sick Pay

UIN 4737, tabled in the Commons on 9 September 2024 by Chris Law, Scottish National Party

To ask the Secretary of State for Work and Pensions, with reference to the Labour Party's publication entitled Labour’s plan to make work pay: Delivering a new deal for working people, published in May 2024, whether she plans to incorporate (a) that plan and (b) the proposed changes to statutory sick pay outlined in that plan into the Employment Rights Bill.
 
Answered on 16 September 2024 by Alison McGovern
This Government is committed to delivering the Plan to Make Work Pay in full and updating Britain's employment protections, so they are fit for our modern economy and the future of work. As set out in the Plan to Make to Work Pay we are committed to strengthen Statutory Sick Pay (SSP), so it provides a safety net for those who need it most. We will remove the Lower Earnings Limit to make it available to all employees and remove the waiting period so that SSP is paid from the first day of sickness absence. Ministers are identifying the most appropriate delivery mechanisms for the commitments in the Plan, including an Employment Rights Bill that will be introduced to Parliament within 100 days of taking office.
 

 

Winter Fuel Payment

UIN 3630, tabled in the Commons on 30 August 2024 by Robin Swann, Ulster Unionist Party

To ask the Secretary of State for Northern Ireland, what recent discussions he has had with the Minister for Communities in Northern Ireland on the potential impact of changes to the eligibility criteria for the Winter Fuel Payment on people in Northern Ireland.
 
Answered on 4 September 2024 by Hilary Benn
The Winter Fuel Payment is a devolved matter in Northern Ireland and its delivery and the eligibility criteria are the responsibility of the Northern Ireland Department for Communities.
 
The Northern Ireland Executive is responsible for balancing its own budget. The Executive has made a decision to maintain parity with the UK Government by requiring receipt of the Winter Fuel Payment to be means tested. 
 

UIN HL605, tabled in the Lords on 2 September 2024 by Lord Foulkes of Cumnock

To ask His Majesty's Government what is their assessment of the proposals from (1) Age UK, and (2) Martin Lewis, to mitigate the losses faced by the poorest pensioners who will lose their winter fuel allowance.
 
Answered on 18 September 2024 by Baroness Sherlock
Over the course of this Parliament we expect over 12 million pensioners are likely to see their new State Pensions increase by £1700 as a result of our commitment to the Triple Lock.
 
We are also providing support through our Warm Homes Plan which pensioners will benefit from. This will support investment in insulation and low carbon heating – upgrading millions of homes over this Parliament. Our long-term plan will protect billpayers permanently, reduce fuel poverty, and get the UK back on track to meet our climate goals.
 
The Warm Home Discount scheme in England and Wales provides eligible low-income households across Great Britain with a £150 rebate on their electricity bill. This winter, we expect over three million households, including over one million pensioners, to benefit under the scheme.
 
The Household Support Fund is also being extended for a further six months, from 1 October 2024 until 31 March 2025.   An additional £421 million will be provided to enable the extension of the HSF in England, plus funding for the Devolved Governments through the Barnett formula to be spent at their discretion, as usual.
 
With regards to the suggestion that Winter Fuel Payments are paid to pensioners according to their council tax band, this would not be possible as my Department does not hold data on people’s council tax banding. Additionally council tax band is not always an accurate reflection of someone’s income.
 
We know there are low-income pensioners who aren’t claiming Pension Credit, and we urge those people to apply. This will passport them to receive Winter Fuel Payment alongside other benefits – hundreds of pounds that could really help them. We will ensure that the poorest pensioners get the support they need.
 

UIN 3344, tabled on 30 August 2024 by Shivani Raja, Conservative

To ask the Secretary of State for Work and Pensions, what steps she plans to take to communicate the changes to Winter Fuel Payments to people affected; and what support she plans to provide to help pensioners (a) understand their eligibility and (b) access alternative support.
 
Answered on 18 September 2024 by Emma Reynolds
From mid-October, all pensioners will receive a letter explaining the changes to Winter Fuel Payments this year and encouraging anyone who may eligible to claim Pension Credit by 21st December.
 
The Winter Fuel Payment page on Gov.uk has been updated with the new eligibility rules.
 
The Department will proceed at pace with its communication campaign to raise awareness of the changes and to promote Pension Credit. This will be followed by a Paid Partnership and national media campaign.  There will then be continued marketing activity promoting the take-up of Pension Credit.
 
The Household Support Fund is also being extended for a further six months, from 1 October 2024 until 31 March 2025.   An additional £421 million will be provided to enable the extension of the HSF in England, plus funding for the Devolved Governments through the Barnett formula to be spent at their discretion, as usual.
 
The Warm Home Discount scheme in England and Wales provides eligible low-income households across Great Britain with a £150 rebate on their electricity bill. This winter, we expect over three million households, including over one million pensioners, to benefit under the scheme.
 

UIN 4982, tabled in the Commons on 10 September 2024 by Helen Grant, Conservative

To ask the Secretary of State for Work and Pensions, if she will publish an equality impact assessment for the means-testing of Winter Fuel Payment.
 
Answered on 18 September 2024 by Emma Reynolds
In making its decision on Winter Fuel Payment eligibility, the Government had regard to an equality analysis in line with the Public Sector Equality Duty requirements. The equality analysis was published on Friday 13th September, and can be found here: GOV.UK.