Policy change to Welfare Supplementary Payments

The Background 

Our client received a Welfare Supplementary Payment whilst he appealed against a DLA to PIP decision. When the appeal was disallowed the ‘Pending Appeal’ welfare supplementary payment ceased. Following a successful Commissioner appeal in LA v DfC (PIP) [2024] NICom 42, the previous tribunal disallowance was set aside, and our client’s pending appeal became live again. As a result, we sought reinstatement of the welfare supplementary payment.   

However, the legislation was incorrectly applied by DfC, which resulted in the payments coming into effect from the date of the Commissioner decision rather than the date, a year earlier, when the appeal at first instance was disallowed. Law Centre NI made representations on behalf of our client and clarified that DfC had misinterpreted the legislation. As a result, our client received an apology; a compensatory payment and received full arears covering the disputed period.  

The Result 

The Department for Communities have positively and proactively responded to further correspondence with Law Centre’s Policy team. DfC have identified that the incorrect guidance has been in place since January 2020. As a result, DfC are currently reviewing more than 2700 cases to identify any claimants that may have lost out due to the incorrect application of this legislation.  

We are pleased that the ‘Setting Aside’ guidance has now been updated and shared with the Welfare Supplementary Payment team, which will have a positive impact upon those who are in receipt of these critical Payments. You can find this updated guidance HERE.

We welcome further engagement with the Department and interested parties as necessary on this matter.