Martin Williams discusses the approach of the European Court of Human Rights to when a ‘legitimate expectation’ might be sufficient to prevent recovery of overpaid benefits.
Simon Osborne and Carri Swann consider the plans in the government’s Health and Disability White Paper to scrap the work capability assessment (WCA) and replace current rules on limited capability for work and work-related activity.
With managed migration expanding over the coming year, Owen Stevens takes a look at transitional protection for people who would be worse off as a result. Note: the rules and processes described below apply only in the managed migration process.
R (Bui) v Secretary of State for Work and Pensions; R (Onakoya v Secretary of State for Work and Pensions [2022] UK 189 AAC; [2023] EWCA Civ 566
This is a challenge to the policy of the Secretary of State for Work and Pensions (SSWP) that she will not make payments of universal credit (UC) or advances unless and until a claimant has a national insurance number (the ‘NINo Rule’). The judicial reviews were unsuccessful at first instance but the claimants appealed to the Court of Appeal. The case was heard in the Court of Appeal on 30 March 2023 and judgment was given in favour of the claimants on 25 May 2023. The Court of Appeal refused SSWP's application for permission to appeal to the Supreme Court on 13/06/2023 and SSWP made an application to the Supreme Court. On 18/10/2023, the Supreme Court refused SSWP's application for permission to appeal.
Martin Williams looks at a recent decision in which DWP assurances to a claimant that their universal credit payments were correct meant that an overpayment was not recoverable.
Both natural and managed migration to universal credit (UC) involve rules terminating legacy benefits where a claim for UC is made. Is anything other than a claim required here? The basic answer is no, as explained by Simon Osborne.
