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).
Universal credit (UC) is now the main benefit for working-age people. It is claimed by people who are disabled and by those who are not, and by those who are working and those who are not. But how well does UC support those who might need more help to claim? In particular, does the Department for Work and Pensions (DWP) respond to the needs of people with mental health problems to ensure they can access UC fully?
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.
This report focuses on some of the problems UC claimants are experiencing both making a claim for UC and receiving accurate payments, which appear to be caused by the digitalisation and automation of the UC system. Claimants who have specific life circumstances are experiencing similar problems because the UC computer system seems unable to calculate their UC payment correctly and in accordance with the law.
