This case successfully challenged the rigidity of the monthly assessment period regime under universal credit (UC) and the way that earned income is calculated for certain claimants. The case concerned four single working mothers whose regular monthly pay dates for their wages fell close to the start/end of their assessment periods, resulting in them sometimes having two paydays in one assessment period. This issue caused them to experience fluctuations of their income and significant cash losses.

These cases challenge the legality of the revised past presence test (PPT), which requires a child to have been in the UK for 104 of the past 156 weeks before being eligible to claim disability living allowance (DLA) (referred to as the ‘2 year PPT’). The appellants argue that the 2 year PPT is unlawful as a result of non-compliance by the SSWP with the Public Sector Equality Duty (PSED) and the discriminatory effect of the 2 year PPT is in breach of their human rights. The cases were heard together before UTJ Ward at a two-day Upper Tribunal hearing on 3 - 4 June 2020 and judgment, dated 12 October 2020 and sent to the parties on 17 November 2020, found in favour of the appellants on human rights grounds. The SSWP has confirmed that she is not appealing the decision of the UT. Subsequent claims for carer's allowance by the children's mother's for the earlier period that their children were now recognised as being entitled to DLA from were initially refused by the SSWP but appeals were successful before the FTT.

CPAG represented the appellant in a challenge to the universal credit (UC) rules that prevent certain 19 year olds who are in full-time, non-advanced education from being included in their parents’ UC claim, while they are also prevented from claiming UC in their own right, on the basis that the provisions are discriminatory and irrational. The appeal was heard by the First-tier Tribunal on 24 November and was dismissed.

September's eBulletin is about the issues facing ill or disabled UC claimants, including work-related requirements while waiting for an assessment and limited capability for work or work-related activity problems for older claimants.

This month the eBulletin is about using online universal credit accounts, including switching from an online account to phone and paper and when not to use the change of circumstances tab.

Universal credit overpayment recovery caselaw, Access courses and benefits, and claiming benefits when a course ends.

Students and universal credit – award administration, Scottish child payment and young carer grant.

Students and benefits eLearning course and Universal credit for Ukrainian students.

Extension of Scottish child payment to under 16s, changes to the best start grant, Young Patients Family Fund and the Adjudicator’s Report.

This month our eBulletin is about personal independence payment, including the latest on delays, how questions appear on the digital PIP2 form and possible changes to the PIP rules.