Concluded test cases

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

    Last updated: May 24, 2017

    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.

  • Refugee children – Disability Living Allowance – past presence test

    Last updated: May 24, 2017

    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21/16, confirming that it will not be appealing against the Upper Tribunal decision and that the past presence test is no longer applicable to claims for disability living allowance, personal independence payment, attendance allowance or carer's allowance.

  • Sanctions / "Back to Work" schemes

    Last updated: February 22, 2017

    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

  • Tax Credits - Late Appeals

    Last updated: February 22, 2017

    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.

  • Right to reside / genuine prospect of work appeal

    Last updated: February 22, 2017

    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

  • Pregnancy - Right to Reside - Scope of Saint Prix

    Last updated: September 17, 2015

    UPDATE: The Upper Tribunal has allowed the appeal - the judgment can be downloaded on the right of this page [2015] UKUT 0502 (AAC).  Judge Ward found that the "reasonable period" for which a woman can have a right to reside during pregnancy and the aftermath of childbirth is 52 weeks (and not 26 weeks as proposed by the Secretary of State), subject to individual circumstances. There will be a summary of the judgment in the October 2015 edition of CPAG's Welfare Rights Bulletin.

    ADR v SSWP CIS/1288/2012 (Upper Tribunal (Administrative Appeals Chamber))

  • Benefit cap – CPAG intervention – R(SG and others) v SSWP formerly JS and others

    Last updated: March 18, 2015

    This case was heard in the Supreme Court on 29 and 30 April 2014. The court handed down judgment on Wednesday 18 March.  Read our press release.

  • Sure start maternity grants – LS v SSWP [2014] UKUT 0298 (AAC)

    Last updated: January 21, 2015

    CPAG acted for the appellant in an appeal against the abolition of Sure Start Maternity grants for women who have a second child. The case concerned whether the DWP carried out an adequate assessment of the impact of the cut on ethnic minorities, who have larger families and are less likely to have received a maternity grant for their first child. We argue that the Department failed to have due regard to its duties under the Race Relations Act 1971.

  • Council Tax Reduction - minimum local residence rule

    Last updated: July 30, 2014

    (AA and others) v Sandwell Metropolitan Borough Council CO/633/2014

    Council tax reduction – minimum local residence rule

    CPAG has won a test case on behalf of three vulnerable women in financial need who were charged a higher rate of council tax by their local authority simply because they only recently moved into the area.  The judicial review case is one of the first test cases on the extent of local authority’s powers and duties in setting up council tax reduction schemes.  

  • Saint Prix v DWP: pregnancy and right to reside

    Last updated: June 25, 2014

    Jessy Saint Prix v Department for Work and Pensions C-507/12.

    The issue in this case is whether a French national who became temporarily unable to work due to pregnancy and childbirth and had no continuing employment rights retained her status as a 'worker' in EU law and therefore her right of residence in the UK when she claimed income support on grounds of pregnancy.