Emma Varley, associate in our Public Law and Human Rights team, has been quoted in The Guardian on the High Court’s decision that the way the Department of Work and Pensions (DWP) makes deductions from individuals’ universal credit payments to landlords for ongoing rent payments and towards rent arrears is unlawful. This is because the DWP authorises these deductions without first consulting the person affected by the deductions.

These deductions are made by a computer program which approves landlord requests to deduct money from tenants’ universal credit benefits without officials first checking with the claimant.

Emma said:

Even if the decision-maker could in theory unplug the computer, make contact with the claimant and reach their own decision, that’s very unlikely… the computer program is, in effect, a policy which directs DWP decision-makers that it’s unnecessary to give universal credit claimants the opportunity to make representations before making payments to their landlords.

The full article can be read in The Guardian here.

You can read our full article on this matter here.

Emma was also quoted in MSN, Landlord Zone, Today’s Wills & Probate, Birmingham Live and the Daily Express.

On the 22 February, Emma was also quoted in The i Paper, which can be read here. Emma said:

The impact of the court’s decision is that the DWP, as a matter of procedural fairness, must now ask UC claimants what they think about the proposed deduction before it is made.

That presents a significant change in the way that the DWP will have to process these deductions going forward.

On the 25 February, Emma was quoted in a further article in The Guardian, Ministers scrap DWP program allowing landlords to tap into tenants’ benefits. Emma said:

The DWP’s engagement in the outcome of this case is a positive – if belated – step. Precisely what changes are going to be made remains to be seen, but the call for better decision making overall by the DWP can no longer be ignored.