eBulletin

Students and benefits eBulletin - December 2023

Students and benefits training and factsheets, the NEW carer support payment, universal credit managed migration for students and Scottish Government student funding announcement.
Published on
Relevant to
Scotland,
Test case

Right to reside for the self-employed

MH v Secretary of State for Work and Pensions C3/2015/2886
The issue raised by this case in the Court of Appeal is whether the UK’s Immigration (EEA) Regulations 2006 must be read pursuant to EU law as providing a right to reside in the UK not only to EEA children in education whose parents have been employed persons, but also to those whose parents have been ¬self-employed persons. Regretfully the Court of Appeal has decided that there is no such requirement and an application for permission to appeal to the Supreme Court has been refused.
Published on
Relevant to
all of the UK
Test case

Incapacity benefit to employment and support allowance and backdated payments

R (Smith) v SSWP JR/1249/18
On 29 March 2018, CPAG issued judicial review proceedings challenging the decision of the DWP to limit backdated payments to those disabled people who had been underpaid when they transferred from incapacity benefit (‘IB’) to employment and support allowance (‘ESA’) to a 21 October 2014 date.
Published on
Relevant to
all of the UK
Test case

Widowed parents’ allowance and non-married couples

Re Mclaughlin's Application [2018] UKSC 48
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.
Published on
Relevant to
all of the UK