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.
09 September 2020
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8th December 2020
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...
28 July 2020
This report focuses on social security issues during lock down, highlighting problems making and maintaining claims without support, difficulties participating telephone assessments and appeals, some PIP awards stopping and uncertainty about whether others would be extended, a number of severely disabled and terminally ill people not receiving additional amounts they were entitled to and a gap in support for some carers.
26 June 2020
The government is about to ‘temporarily’ suspend free travel for under 18s in London, to protect public health during the pandemic. This will be a disaster for families with children who are already struggling and could mean that children and young people will miss out on their education and other opportunities in the capital. Families have suffered enough during the pandemic – it’s not right that they should be punished further during a time of national crisis.
CTC/1422/2018 and CTC/1809/2018
CPAG have 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.
Disabled children: a legal handbook builds on the strengths of the ﬁrst edition to provide an authoritative, yet accessible, guide to the legal rights of disabled children and their families.