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Legal

Falling Through the Net - Briefing 3

15 April 2021
This is the third in a series of regular briefings which highlight some of the persistent gaps in support that exist for children and families affected by the COVID-19 pandemic. Evidence of these gaps is drawn from our Early Warning System (EWS) which collects case studies from frontline practitioners working directly with families on the problems they are seeing with the social security system.

Early warning system e-bulletin - March 2021

March 2021
In this edition of the e-bulletin, we look at the top issues emerging to date in 2021, and provide an update on habitual residence tests and National Insurance numbers.

Last chance to book training in March 2021!

15 March 2021
We have places available on a range of courses and experience levels in March 2021

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.

Falling Through the Net - briefing 2

25 February 2021
This is the second in a series of regular briefings which highlight some of the persistent gaps in support that exist for children and families affected by the COVID-19 pandemic. Evidence of these gaps is drawn from our Early Warning System (EWS) which collects case studies from frontline practitioners working directly with families on the problems they are seeing with the social security system.

Charities call on Government to make good on their promise to extend support to grieving parents whose cohabiting partner has died

08 February 2021
One year on from landmark High Court ruling, Government still has not acted. Parents who lived with, but were not married to, their partner are still ineligible for bereavement benefits to help adapt to life with just one parent. This injustice has remained in place throughout the Covid-19 pandemic.

Social security law update (Scotland) 21 - 22 October 2021 ONLINE

21st October 2021 to 22nd October 2021
Online Scotland
Social security law and tax credit law can change from day to day and advisers need to keep abreast of developments to advise their clients correctly. Arranged under topic headings...

Social security law update (Scotland) 24 - 25 March 2022 ONLINE

24th March 2022 to 25th March 2022
Online Scotland
Social security law and tax credit law can change from day to day and advisers need to keep abreast of developments to advise their clients correctly. Arranged under topic headings...

Early Warning System E-Bulletin - December 2020

In this edition of the e-bulletin, we provide a brief update on the habitual residence test and the benefit cap, and consider in detail three further topics which emerged over the past month.

Court of Appeal finds that EU nationals legally resident in UK were unlawfully excluded from claiming universal credit

18 December 2020
Two EU nationals, a severely disabled man and his carer, have won a landmark Court of Appeal case against the DWP which establishes their right to support from universal credit. The judgment means that EU nationals with pre-settled status cannot be treated differently to UK citizens in relation to access to means-tested benefits.