Court of Appeal upholds decision that universal credit payments can be backdated on revision, but claimants risk still being thwarted by DWP IT design flaws and those subject to managed migration face ‘double whammy’ loss of transitional protections and backdated payments.
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.
Digital aspects of universal credit (UC) routinely lead to wrong amounts being awarded to claimants – often the most vulnerable - and to breaches of rule-of-law principles, new Child Poverty Action Group (CPAG) research finds.
The Court of Appeal has ruled in favour of two universal credit claimants who brought judicial reviews against the DWP after waiting months for their first payments of UC due to them not having a national insurance number at the point they claimed the benefit, despite DWP having verified their identity and determined they were eligible for UC.
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.
Parents typically need to find at least £39 per week for a child’s secondary school education and £19 for a primary-aged child, research for Child Poverty Action Group (CPAG) finds.
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).
Low-income families will have an estimated £1,000 shortfall for energy costs alone in the year to April 2023, if as expected Ofgem’s price cap rises to £3,554 in October, new analysis from Child Poverty Action Group (CPAG) shows. An announcement on the new cap is due tomorrow.
With 38 bills but no direct help with spiralling costs, this speech was a far cry from what struggling families needed to hear today. Government offered no short term comfort for parents struggling to feed their kids in the face of rocketing prices, and no long term vision for ending child poverty.