Disabled children | CPAG

Disabled children

Universal Credit, disability and transitional protection

R (TD & Ors) v Secretary of State for Work And Pensions [2020] EWCA Civ 618
On 12 May 2020, the Court of Appeal handed down a judgment in favour of the appellants in this case. The appellants were originally in receipt of legacy benefits but had to claim universal credit (UC) when the Secretary of State for Work and Pensions (SSWP) decided that they were no longer entitled to legacy benefits and terminated their awards.  Even though those decisions were ultimately overturned on revision, the appellants were stuck on UC and received less than they would have if they had remained on legacy benefits.  The Court found that the appellants had been unlawfully discriminated against compared with legacy benefit claimants who had not had any wrongful decision terminating their legacy benefit awards and who would be moved to UC through managed migration when they would benefit from transitional protection. The SSWP applied directly to the Supreme Court for permission to appeal but that application was refused on 26 February 2021 and the SSWP will need to proceed to implement the Court of Appeal judgment.

Disability Living Allowance 2 year Past Presence Test for children

EK v SSWP CDLA/2019/2018 and TS v SSWP CDLA/2208/2018
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.

Child disability payment (Scotland) 25 November 2021 ONLINE

25th November 2021
Online Scotland
Child disability payment (CDP) is a new Scottish benefit that helps meet the additional needs of disabled children. It will start being rolled out during 2021. This course gives you...

Child disability payment (Scotland) 14 September 2021 ONLINE

14th September 2021
Online Scotland
Child disability payment (CDP) is a new Scottish benefit that helps meet the additional needs of disabled children. It will start being rolled out during 2021. This course gives you...

DLA for Children, 10 & 11 June 2021 ONLINE

10th June 2021 to 11th June 2021
Online
Disability living allowance (DLA) is the main way of meeting the additional needs of many children yet it is under claimed and can be hard to understand. This course looks...

DLA for Children, 24 & 25 March 2022 ONLINE

24th March 2022 to 25th March 2022
Online
Disability living allowance (DLA) is the main way of meeting the additional needs of many children yet it is under claimed and can be hard to understand. This course looks...

DLA for Children, 21 & 22 October 2021 ONLINE

21st October 2021 to 22nd October 2021
Online
Disability living allowance (DLA) is the main way of meeting the additional needs of many children yet it is under claimed and can be hard to understand. This course looks...

Disability benefits update and tactics

09 September 2020
Some places left for this half-day experienced level online course in 17 September - book now

DLA for children (Scotland) 8 December 2020 ONLINE

8th December 2020
Online Scotland
Disability living allowance (DLA) helps meet the additional needs of disabled children. DLA will soon be replaced by a new Scottish benefit, called child disability payment, which will have many...