Simon Osborne describes new rules changing how earned income for universal credit (UC) is assessed for a claimant who is paid monthly and receives a double payment of wages in the same assessment period.
Rebecca Walker looks at what we know so far about rights to reside and benefits for European Economic Area (EEA) nationals after European free movement rights are ended.
MH v Secretary of State for Work and Pensions (SC944/19/01408)
CPAG represented the appellant in a challenge to the universal credit (UC) rules that prevent certain 19 year olds who are in full-time, non-advanced education from being included in their parents’ UC claim, while they are also prevented from claiming UC in their own right, on the basis that the provisions are discriminatory and irrational. The appeal was heard by the First-tier Tribunal on 24 November and was dismissed.
Moore and another v Secretary of State for Work and Pensions [2020] EWHC 2827 (Admin)
On 18 October 2019, CPAG issued judicial review proceedings challenging the treatment of maternity allowance (MA) as unearned income in the calculation of universal credit (UC) awards. A "rolled up" hearing of the case took place in the High Court on 24–25 June 2020, meaning that permission to apply for judicial review and the substantive case were considered at the same hearing. In a judgment handed down on 26 October 2020, the judge found that CPAG's case was arguable on two grounds, but ultimately found in favour of the Secretary of State. CPAG applied to the Court of Appeal for permission to appeal on behalf of the claimants. The permission application was considered at an oral hearing on 23 June 2021 and permission was refused. There is no further avenue of challenge in relation to this matter.
Simon Osborne considers the consequences of a court decision which holds that in certain circumstances an employment and support allowance (ESA) claimant who wishes to challenge a failure of the work capability assessment (WCA) can appeal without having first to have had a mandatory reconsideration.
Claire Hall examines CPAG’s recent test case concerning universal credit (UC) claimants who are working 16 hours per week at the national living wage and the potential implications of the case for the application of the benefit cap ‘earnings exemption’ for such claimants.
Sabrina Dubash describes universal credit (UC) regulations which deal with coronavirus-related payments for the self-employed and with new rules on treating a claimant as having reapplied for UC.
