Between now and the end of 2025, thousands of constituents will have their existing benefit payments switched off and replaced with universal credit. The process involves several hurdles; in the worst-case scenario, a family could be left without any income at all. This briefing explains how the process works, issues constituents are likely to face, and how MPs can carry out effective casework on this topic.
The DWP sensibly began rolling out managed migration to tax credit-only claimants, who have simpler benefit entitlements to calculate, are more likely to have savings to draw on and less likely to be vulnerable. Now it is proceeding to a much more complex and vulnerable claimant group. With the self-imposed tax credit deadline looming, if the DWP does not act now, it appears the more vulnerable claimants will be at the greatest risk of falling victim to a sprint finish.
Since our last report was published, the DWP has brought forward the managed migration of 800,000 employment and support allowance (ESA) claimants who do not get tax credits, which had been delayed until 2028.
Legal work can be a marathon. I’m a solicitor at CPAG, and we take on legal action to protect and defend families’ rights. Last week, nearly two years after the first judgment in one of our cases, we had confirmation that it won’t go any further – we have definitively won!
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.
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).
This report highlights findings from the Early Warning System and meetings with organisations supporting refugees about experiences of claiming universal credit and some of the difficulties encountered.
