Legal

Court of Appeal finds DWP's treatment of earnings under universal credit irrational in further victory for four single mothers

22 June 2020
The Department of Work and Pensions has lost its appeal against an earlier victory for four working single mothers challenging the rigidity of the universal credit (UC) system for calculating their earnings.

Households worse off on universal credit win Court of Appeal test case

12 May 2020
Two disabled households who were left worse off after they were forced to move to universal credit (UC) because their existing benefits were wrongly stopped by the DWP today won a breakthrough case in the Court of Appeal. The result means that depending on what remedy the DWP chooses, the two households – and potentially thousands like them subject to wrongful decisions by the DWP – will be able to return to their previous benefits or have their UC awards topped up to the level of their previous benefits.

Legal update

10 February 2020
Our legal team has had a busy start to the new year. Last week we learned we had been successful in our High Court case challenging the fact that the higher rate of bereavement support payment for families with children is currently only paid if a spouse or civil partner dies, and not when the couple were not married or in a civil partnership. This follows a similar challenge to the previous widowed parent’s allowance – the Supreme Court found in favour of a mother and her four children in that case, but, although the law is not compatible with human rights law, the government has still not resolved the issue.

Human rights aren't conditional

10 December 2019
Human Rights Day is an opportunity to reflect on our rights and what they mean to us. At CPAG we are particularly concerned with rights in the context of the changing benefits system, and ensuring that human rights are upheld when such drastic reforms are introduced.

Underpayments of disability element of child tax credit

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. 

Putting children's rights at the heart of social security

20 November 2019
Today marks the 30th anniversary of the United Nations Convention on the Rights of the Child (UNCRC). The fact that more countries have volunteered to be bound by the Convention than any other international human rights treaty reflects the global endorsement of the status of children as right-holders. The UK signed up to the Convention in December 1991, but to what extent is it meeting its obligations?

Defective claims for universal credit and date of claim

Whether creating a universal credit account and clicking "Make a claim" is sufficient to count as a defective claim for universal credit?

Representing at the First-tier Tribunal

04 November 2019
Places left for this course on 7 and 8 November in Glasgow.

LAG Tribunal Practice and Procedure, 5th edition - print

£70.00
Tribunal Practice and Procedure is now firmly established as the most comprehensive and authoritative guide to the integrated tribunal system available.

Computer says 'No!' - Stage two: challenging decisions

19 July 2019
In the second in this series, our report looks at problems with understanding decisions, challenging errors and protecting the rights of people claiming universal credit (UC). It outlines some of the problems claimants experience when they try to challenge a decision about their UC award. These problems have been identified by analysing case studies received via CPAG’s Early Warning System (EWS).