Richmond, Kingston &
West London M.E. Group

SPRING 2026 BENEFITS UPDATE 

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PERSONAL INDEPENDENCE PAYMENT (PIP) - HOPING TO CLAIM WHILE WORKING?

Many people assume that working will be fatal to a PIP claim, but there have been some recent Upper Tribunal decisions that are helpful to working PIP claimants.

[Note: an appeal against a DWP decision goes first to the First-tier Tribunal (FtT) and then, if that appeal fails and a point of law is at stake, to the Upper Tribunal (UT).]

 

1. I’m worn out after work

A particularly useful case is AE v SSWP [2024] UKUT 381 (AAC. Here, a claimant with ME worked 30 hours a week as an NHS secretary, and argued unsuccessfully at FtT that she needed assistance and supervision to prepare an evening meal because of extreme fatigue. The UT concluded that her ability to cook in the evening needed to be judged by reference to how tired and incapable of normal functioning she was after work rather than, as had the DWP and FtT, inferring from the appellant’s functioning at work that she could prepare a meal in the evening. In a more recent case, EW v SSWP [2025] UKUT 307 (AAC), the UT allowed the claimant’s appeal against the finding in the FtT and remitted the case for a new hearing ‘because the tribunal should have considered the claimant’s ability to carry out the relevant activities at the times when it was reasonable for her to carry them out.’

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2. The tasks I do at work aren’t comparable to PIP activity X

JM v SSWP (PIP) [2024] UKUT 283 (AAC) is a significant UT case clarifying that while abilities in non-PIP activities (like work or online activity) can inform PIP assessments, tribunals must be careful to ensure any that activities the claimant carries out at work are genuinely comparable to the PIP daily living/mobility activities. In this case, the DWP and FtT rejected an autistic appellant’s evidence about her difficulties with the PIP activities, and instead drew inferences from her ability to go to college and a work placement, shop online and use social media. The UT found these inferences unjustified.

A task such as engaging with new people may be manageable when undertaken as part of a job but not more generally outside the work environment (see KW v SSWP (PIP) [2024] UKUT 410 (AAC).

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3. I have to go to great lengths to manage my needs at work

Sometimes a PIP claimant will sustain their employment against the odds. In MS v SSWP [2024] UKUT 185 (AAC), the appellant managed his double incontinence in the back of his work van travelling between garages as a service support representative. The UT in that case concluded that the appellant should receive maximum points for the relevant activity because he could not complete the tasks involved ‘within a reasonable time period’. The claimant here was helped by the detailed account he provided of how he coped at work.

 

In theory, starting work will trigger a PIP reassessment, but there is soon likely to be explicit legal protection against being reassessed because of starting work. (See CPAG Bulletin, Issue 309, December 2025)

 

PIP REVIEWS TO BE LESS FREQUENT

From April 2026 the period between reviews is to be extended for the majority of PIP claimants aged 25+ to a minimum of three years for a new claim, rising to 5 years at their next review if they remain entitled (welfare system savings). This is to free up resources to clear the large backlog of WCA first assessments and reassessments backlog of WCA assessments; WCA reassessments | FOI2026 05252

It seems that recruiting and retaining assessors, who are qualified health professionals, can be difficult: little opportunity for career progression; much paperwork and note-taking; no scope for using professional skills when hearing tales of woe; work always available elsewhere… recruiting and retaining assessors

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NEW WORK CAPABILITY ASSESSMENT (WCA) FORM

In November 2025, the capability for work questionnaire used for universal credit (the UC50) was merged with the application form for employment and support allowance (the ESA50) to create a new form: the WCA50. This has a different layout to the previous forms but the basic questions are the same. If you’ve been sent a UC50 or ESA50 you can still use it.

 

PUBLIC AUTHORITIES (FRAUD, ERROR AND RECOVERY) ACT 2025

It has long been possible for the DWP to request financial information from your bank if they suspect fraud, but the bank has been under no legal obligation to provide it without a court order.

The Public Authorities (Fraud, Error and Recovery) Act, which came into effect in December 2025, changes that. It enables the DWP to issue notices to institutions like banks, compelling them to provide information to help verify a claimant’s entitlement to universal credit, pension credit, or employment and support allowance. (No other benefits are in the DWP’s sights right now.) These notices will set out ‘eligibility indicators’, which are the criteria for information that the DWP will use to decide whether to investigate a benefit claim. On receipt of a notice banks will have to identify accounts receiving a relevant DWP payment, and then assess those accounts against the eligibility indicators. DWP overview of Acts; DWP checking bank accounts

Where account information suggests the claimant may not be eligible for the benefit they receive, banks will notify the DWP so that it can decide whether to investigate.

The new Act will also enable the DWP to recover debt directly from individuals’ bank accounts. Previously, a court order was required.

With a court order, the DWP and the newly created Public Sector Fraud Authority (PSFA) will now be empowered to enter, search and seize property of benefits recipients they suspect of fraud, provided this suspicion is ‘reasonable’.

Again with a court order, the Act empowers the DWP to disqualify individuals owing overpayment debt of at least £1,000 from holding a driving licence. The DWP claims that this power will only be used as a last resort.

The DWP will not have direct access to your bank statements via your bank and will be looking at your eligibility for benefits rather than how you spend your money. There are various safeguards and provisions for oversight of how the new powers will be applied. The DWP says it will adopt a ‘test and learn’ approach for the first year. But this level of surveillance is unnerving. See JUSTICE concerns about Act; CPAG concerns about Act

 

DO YOU KNOW YOUR STATE PENSION AGE?

Between 6th April 2026 and 6th March 2028, the State Pension age will gradually increase from 66 to 67. People born on or after 6th April 1960 will be affected. Everyone is encouraged to use the free State Pension age calculator on GOV.UK to find out their exact State Pension age – all you need is your date of birth. You can also use the Check your State Pension forecast tool  to see how much you can get and if you can increase it, for example, by filling any gaps in your record. It’s also important to know that your State Pension doesn’t start automatically. DWP will send a letter inviting you to apply around four months before you reach State Pension age.