This briefing, produced by CPAG in association with Age UK and RNIB, focuses on two new mandatory reconsideration policies introduced in 2022 and 2023 which put access to justice for particular groups of claimants at risk.
Legal work can be a marathon. I’m a solicitor at CPAG, and we take on legal action to protect and defend families’ rights. Last week, nearly two years after the first judgment in one of our cases, we had confirmation that it won’t go any further – we have definitively won!
A landmark ruling in the Court of Appeal has held that the government is required to consider the fundamental rights of EU citizens and their families residing in the UK, including their right to live in dignified conditions, before refusing universal credit support.
An EU citizen (WV) who is a carer for his severely disabled British wife (J) has – with support from Child Poverty Action Group - won a legal battle with the DWP after a Tribunal found the couple were wrongly underpaid universal credit for nearly 2 years while he had pre-settled status, since the couple’s joint claim was refused by the DWP in 2020.
The Scottish Government’s announcement this week of increased funding for discretionary housing payments (DHPs) to mitigate the benefit cap as fully as possible is hugely welcome. It is vital now that people affected by the benefit cap apply to their local authority as soon as possible and ask for a backdate to the beginning of this year.
We welcome the commitment from the Scottish government that tackling child poverty is a top priority. Scottish government policies are working. However, soaring inflation and real terms UK benefit cuts in 2022 mean the gap between family incomes and the minimum cost of raising a child is widening horribly. It is more important than ever that all budget decisions are developed through a child poverty lens to understand the direct and indirect impacts on low-income families.
A three-judge panel of the Upper Tribunal has held that AT, an EU national with pre-settled status (limited leave to remain) but no qualifying EU right to reside in the UK for the purposes of universal credit, is entitled to rely upon the EU Charter of Fundamental Rights even after the end of the Brexit “transition period” (ie after 31 December 2020).
This report highlights findings from the Early Warning System and meetings with organisations supporting refugees about experiences of claiming universal credit and some of the difficulties encountered.