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).
John Dickie, Director of Child Poverty Action Group (CPAG) in Scotland, responds to the roll out of the Scottish child payment to under 16s and the increase of its value to £25 per week.
The government’s new Bill of Rights, or the Rights Removal Bill as some are calling it, will weaken the ability of us all to stand up for the rights of children and their families. This blog describes how two families had their applications for bereavement benefits denied, and how they used the Human Rights Act to challenge this in court with support from CPAG’s legal team.
At the British Institute of Human Rights (BIHR), our mission is to create social justice through human rights approaches and advocacy. Our aim is shared with the aim of our Human Rights Act: to create a culture of respect for human rights across the UK.
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.
It’s great to see so many families already benefiting from the Scottish child payment. We know that this extra cash support is really making a difference to families.
The Queen’s Speech was a missed opportunity for the government to introduce legislation that would support people in the short term and improve living standards in the longer term.