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.
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).
A year like no other charts the ups and downs of family life on a low income during the unprecedented times of Covid 19. We (participants and researchers from the Covid Realities research project) wrote the book to show how hard life was and the change we need to see.
At the start of the pandemic, the Department for Work and Pensions (DWP) relaxed some evidence checks for people making a universal credit (UC) claim to provide quicker access to benefits. In January 2021, the DWP began reverifying the details of claims made while evidence checks were eased. This has resulted in some claimants being asked to pay back the entirety of their UC award. More than a year after the exercise started, we continue to hear from people who have had their UC payments stopped, who have received demands to repay all the UC they received, and who are unable to understand or challenge the DWPs decision.
Emergency support plays a small but vital role in the social security system. It is there to help families through one-off shocks that cause a sudden drop in income or increase in costs, such as the onset of a health problem or the washing machine breaking down. But, in practice, many families are not getting the support they need when they need it, and this is contributing to the rising demand for food banks.
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.