A brief update on the habitual residence test and the benefit cap, and three further topics which emerged over the past month.

Updates on navigating the benefits system after a death.

On 12 September 2019, CPAG issued judicial review proceedings on behalf of a single parent and her children challenging the application of the benefit cap to the mother’s universal credit award. The cap is applied to the mother despite the fact that she works 16 hours per week at national living wage, simply because she is paid 4 weekly rather than monthly. Permission to apply for judicial review was granted on 5 December 2019 and the case was heard on 12 May 2020. Judgment was given on 20 July 2020 with the court finding in the claimants' favour. The SSWP appealed to the Court of Appeal and judgment was given on 8 October 2021, allowing the SSWP's appeal.  Ms Pantellerisco applied for permission to appeal to the Supreme Court on 1/12/21 and this was refused by order dated 04/08/22. 

Early Warning System e-bulletin - April 2022: personal independence payment

Early Warning System E-bulletin - February 2020: mandatory reconsideration.

Our February 2021 e-bulletin about advising Black and ethnic minority communities.

Our September 2021 e-bulletin about advising Black and ethnic minority communities.

CPAG's support and information for advisers with the judicial review process.

4.2 million children are growing up in poverty in the UK. They are isolated and excluded.

CPAG has brought a challenge in the Upper Tribunal to HMRC's refusal to backdate payments of the disability element of child tax credit (CTC), following underpayments of benefit prior to April 2016. A decision is currently awaited.