SSWP v AT (AIRE Centre and IMA Intervening) [2022] UKUT 330 (AAC); SSWP v AT [2023] EWCA Civ 1307
Judgment of the Upper Tribunal three judge panel dismissing the Secretary of State’s appeal against the decision of the First-tier Tribunal was given on 12 December 2022. The Secretary of State appealed to the Court of Appeal The case was heard in the Court of Appeal from 8 - 10 March 2023. A further hearing took place on 10 October 2023. The judgment of the Court of Appeal was handed down on 8 November 2023, dismissing the appeal. The Secretary of State applied for permission to appeal to the Supreme Court and this was refused on 7 February 2024, meaning that the Court of Appeal’s judgment is now final. DWP amended guidance on 3 February 2025 indicating they now accept that third country national family members of EU nationals can also benefit from the judgment.
The DWP will, as part of its anti-fraud plan, carry out a large-scale review of universal credit cases. Owen Stevens examines the Targeted Case Review.
Can someone successfully claim personal independence payment (PIP) without a diagnosis? Carri Swann looks at recent caselaw and answers some frequently asked questions.
CPAG continues to receive reports of problems facing claimants granted immigration leave further to an asylum claim (ie, refugee leave, humanitarian protection or leave outside the immigration rules without a no recourse to public funds condition – ie, ‘refugee status’) when they claim universal credit (UC). While there has been some recent change, these reports largely reflect long-standing misunderstandings by DWP staff. Jessica Strode sets out some questions and answers.
Published on
Relevant to
all of the UK
Disabled Children and Families Ebulletin - January 2024 update
Students and benefits training and factsheets, the NEW carer support payment, universal credit managed migration for students and Scottish Government student funding announcement.
Martin Williams considers the DWP’s operational guidance concerning making awards of universal credit to those with pre-settled status but without a qualifying right to reside.
A new benefit, called carer support payment, launched in parts of Scotland on 20 November 2023.1 This benefit replaces carer’s allowance in Scotland. Many of the rules are the same as carer’s allowance, but there are some differences. The new benefit will be rolled out gradually. Angela Toal explains.
