Fratila and another (Respondents) v Secretary of State for Work and Pensions (Appellant) [2021] UKSC 53
CPAG brought judicial review proceedings on behalf of two EU nationals, a severely disabled man and his carer, who were refused universal credit on the basis that their limited leave to remain in the UK under Appendix EU to the immigration rules (‘pre-settled status’) was not a qualifying right of residence for the purposes of means-tested benefits. On 27 April 2020, the High Court dismissed the claim. The Claimants sought permission to appeal and, following the grant of permission by the Court of Appeal, the Court found in favour of the Appellants/Claimants in a judgment handed down on 18 December 2020. The Secretary of State appealed to the Supreme Court. Meanwhile on 15 July 2021, the Court of Justice of the European Union, in a judgment which the parties in the case brought by CPAG accept is binding on the Supreme Court, ruled that it was not unlawfully discriminatory to have such a rule (i.e. that the basis on which the Court of Appeal allowed the appeal was wrong). The Supreme Court gave a final decision allowing the Secretary of State's appeal on 1 December 2021.
Owen Stevens discusses what can be done when a DWP decision maker has ‘stayed’ making a decision on entitlement to universal credit (UC) or, alternatively, a tribunal has stayed an appeal pending the outcome of the Secretary of State for Work and Pension’s appeal to the UK Supreme Court, against the judgment in Fratila and Tanase v SSWP and AIRE Centre [2020] EWCA Civ 1741.
Since the reintroduction of conditionality to universal credit (UC), following a pause due to the COVID-19 pandemic, the number of UC sanctions imposed has been steadily rising.
Hardship payments are payable when a claimant’s UC has been reduced due to a sanction or benefit offence and s/he is in hardship. Sabrina Dubash looks at the main rules and issues.
Claire Hall updates on CPAG’s test case concerning universal credit (UC) claimants who are working 16 hours a week earning the national living wage hourly rate, but who are being subjected to the benefit cap because of their wage pay cycle.
This was a challenge to the two child limit, introduced by the Welfare Reform and Work Act 2016, which restricts support for children in families claiming child tax credit or universal credit to the first two children (subject to limited exceptions). The limit applies to families where the third or subsequent child is born after 5 April 2017. The legal challenge was partially successful in the High Court but an appeal to the Court of Appeal on the lawfulness of the overall policy was unsuccessful. An appeal to the Supreme Court was heard remotely across 20-22 October 2020 and judgment given on 9 July 2021 dismissing the appeal. Complaints were filed with the European Court of Human Rights (Dec 2021) on behalf of three different families.
A confusing list of schemes, elements and entitlements makes it difficult for parents to work out the net costs of childcare. Carri Swann provides a summary for advisers and answers some recurring questions.
Martin Williams discusses changes to the DWP policy on making offers to claimants and a recent case, which clarifies how First-tier Tribunals should approach cases where a claimant has rejected an offer and the appeal against the original decision proceeds.
A number of coronavirus-related benefit measures have ended, or will end, in the late summer and autumn of 2021. But some remain, for now at least. Simon Osborne takes a closer look.
