Test Cases

  • Bedroom tax - children who require overnight care - R(Rutherford and Todd) v SSWP UKSC 0029/2016

    Last updated: November 3, 2016

    Update 09/11/2016: the Supreme Court has dismissed the DWP's appeal against the decision of the Court of Appeal that the bedroom tax unlawfully discriminates against families in the position of the Rutherfords. The judgment is available from the Supreme Court website. For more information, see also our press release CPAG wins Supreme Court bedroom tax breakthrough.

  • Right to reside / genuine prospect of work appeal

    Last updated: November 2, 2016

    Update: 02/11/2016: for more information on the implications of the Upper Tribunal judgment, see the October 2016 Welfare Rights Bulletin article GPOW Kapowed?

    Update: 05/08/2016: the Upper Tribunal has now issued its judgment which is available on the Upper Tribunal website.

    MB v Secretary of State for Work and Pensions CJSA/2042/2015

  • Refugee children – Disability Living Allowance – past presence test

    Last updated: September 9, 2016

    Update 09/09/2016: the DWP has now issued guidance, DMG Memo 20/16 and ADM Memo 21/16, confirming that it will not be appealing against the Upper Tribunal decision and that the past presence test is no longer applicable to claims for disability living allowance, personal independence payment, attendance allowance or carer's allowance.

  • Tax Credits - Late Appeals

    Last updated: July 16, 2016

    VK v HMRC CTC/5461/2014 (Upper Tribunal (Administrative Appeals Chamber))

    Update 27/07/2016: in a judgment dated 11/07/2016, the Upper Tribunal has decided that tax credit claimants have always been able to make a late appeal against decisions made by HMRC. For more information and a link to the decision see the news item CPAG wins test case on tax credit appeals.

  • Sanctions / "Back to Work" schemes

    Last updated: May 9, 2016

    Update 09/05/2016:The Court of Appeal handed down its judgment in this case on 28 April 2016 - see Reilly and Hewstone and Others v Secretary of State for Work and Pensions [2016] EWCA Civ 413.  The Court upheld the High Court's declaration of incompatibility with respect to the retrospective effect of the Jobseekers (Back to Work) Act 2013 on claimants who had already appealed against their sanction when the Act came into force.  However, the Cour

  • Right to reside / children of formerly self-employed persons in primary education

    Last updated: January 15, 2016

    MH v Secretary of State for Work and Pensions C3/2015/2886

    This case is about whether a child of a European national who has previously been self-employed has a right to reside while he/she is in education.

    The appeal is currently before the Court of Appeal, hearing date to be confirmed.