Owen Stevens considers new rules providing extra amounts of universal credit (UC) to certain severely disabled claimants who have undergone ‘natural’ migration to UC from legacy benefits.
People entering and leaving prison tend to encounter a specific set of difficulties within the universal credit (UC) system. These include confusion about whether they are entitled to UC, doubts about whether they have permanently lost entitlement to legacy benefits and the consequences of detention for those claiming benefits because they have limited capability for work. Barbara Donegan explains.
It is now clear that the DWP does not accept that use of the ‘Help to Claim’ service (operated by Citizens Advice and Citizens Advice Scotland) permits a claimant to rely on rules allowing the date of a claim for universal credit (UC) to be fixed at the date help is first requested. Simon Osborne explains.
R (DS and Others) v Secretary of State for Work and Pensions [2019] UKSC 21
This case concerned a judicial review challenging the revised, lower benefit cap, introduced in 2016. The appeal was brought on behalf of two single mothers who are affected by the cap due to their caring responsibilities. One of the claimants has children with significant health needs while the other has previously fled domestic violence. The appeal in this case was heard on 17-19 July 2018 by a 7 judge panel of the Supreme Court alongside that of R (DA and Others) v SSWP. Judgment was given on 15 May 2019 finding that cap did not unlawfully discriminate against lone parents with children under 5 and their children.
In August 2018, the Supreme Court handed down its judgment that denying bereavement benefits to unmarried, cohabiting partners with children is incompatible with human rights law. Separately, CPAG is representing a Muslim woman with two young children who was also denied WPA following the sudden death of her partner with whom she had been through an Islamic marriage ceremony and believed herself to be lawfully married.
