SSWP v WV (UC) [2023] UKUT 112 (AAC); SSWP v Versnick and Another [2024] EWCA Civ 1454
In a judgment of 15 May 2023 the Upper Tribunal ruled that an EEA national who was a carer for his disabled wife who was in receipt of income related ESA, in circumstances where the amount of ESA decreased due to his presence in the household (loss of some premiums and taking account of carer's allowance more than offset increase to couple rates), had a right to reside as a self sufficient person. When the couple then claimed universal credit, the additional cost of £347.07 a month which awarding that benefit to the couple rather than just awarding it to his British wife as a single person, along with the cost of similar such claims which would also now fall to be allowed, was not an unreasonable burden on the UK social assistance system and therefore the claimant continued to have a right to reside as a self sufficient person and was therefore entitled to a joint award of universal credit. The Secretary of State appeal to the Court of Appeal was dismissed on 29 November 2024
Owen Stevens and Martin Williams consider issues with ‘any ground revisions’ of universal credit (UC) decisions. Typically, such issues arise where a decision awarding UC is incorrect when made due to the claimant not declaring the correct circumstances in a claim.
R (LMN and EFG) v SSWP [2025] EWHC 1849 (Admin); [2026] EWCA Civ 846.
This is a challenge to the non-consensual conception exception ordering rule within the two-child limit. The application for judicial review was initially refused permission on the papers. At a renewal hearing on 10 October 2024, the High Court granted permission for the case to go to a substantive hearing.
Martin Williams discusses how advisers can use applications for directions to the First-tier Tribunal in appropriate cases to ensure the best outcomes for appeals.
