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.
28% of tax credit claimants who are required to move to universal credit haven’t claimed and have had their benefits stopped and their cost-of-living payments also at stake.
Two-thirds of people sent a migration notice between November 2022 and March 2023 made a successful UC claim before their migration deadline. A further 5 per cent made a claim after their deadline had passed. And 28 per cent did not claim UC at all and had their legacy benefit payments terminated. We are concerned that a sizeable minority of claimants are falling through the gaps.
This research study examines the extent to which universal credit adheres to the rule of law principles of transparency, procedural fairness and lawfulness.
Digital aspects of universal credit (UC) routinely lead to wrong amounts being awarded to claimants – often the most vulnerable - and to breaches of rule-of-law principles, new Child Poverty Action Group (CPAG) research finds.
The DWP’s research during the discovery phase of managed migration to universal credit (UC) concluded that ‘on the whole households are able to make the move to UC.’ But we are finding that, when issues do arise, the consequences can be serious for claimants causing stress, budgeting difficulties and debt.
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).
The DWP has just confirmed that it's pressing ahead with managed migration (the process by which people on the old ‘legacy’ benefits will move to universal credit (UC)). Here are six reasons for alarm as the government forges ahead with its plans to move 1.7m people by the end of 2024.
