Legal | CPAG

Legal

Benefit cap exception in universal credit: Court of Appeal judgement

08 October 2021
Court of Appeal has today overturned a High Court decision that the DWP's approach to the disapplication of the benefit cap in universal credit (UC) on the basis of earnings received in a monthly assessment period is irrational and unlawful. High Court case was brought by a working single mother on UC who was benefit-capped – and left up to £5,000 worse off per year – purely because her employer paid her four-weekly rather than by calendar month.

National insurance numbers and universal credit

R (Bui) v Secretary of State for Work and Pensions CO/2489/2021
This is a challenge to the policy of the Secretary of State for Work and Pensions (SSWP) that she will not make payments of universal credit (UC) unless and until a claimant has a national insurance number (the ‘NINo Rule’).

Supreme Court decision on two-child limit

09 July 2021
A hugely disappointing judgment which fails to give any meaningful recognition to the reality of the policy on the ground and its desperately unfair impact on children.

Statement on Supreme Court decision on two-child limit

09 July 2021
Commenting on today’s Supreme Court decision not to allow an appeal on the two-child limit brought by two lone mothers and their children, Carla Clarke, Head of Strategic Litigation at Child Poverty Action Group, which represented the mothers and children, said: "This is a hugely disappointing judgment which fails to give any meaningful recognition to the reality of the policy on the ground and its desperately unfair impact on children."

CPAG's response to the Ministry of Justice Judicial Review Reform Consultation

30 April 2021
We responded to the Ministry of Justice Judicial Review Reform Consultation, the government response to the Independent Review of Administrative Law.

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.