Test Cases

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Test case

Benefit cap and those paid 4 weekly

SP and others v SSWP CO/3572/2019: On 12 September 2019, CPAG issued judicial review proceedings on behalf of a single parent and her children challenging the application of the benefit cap to the mother’s universal credit award despite the fact that she works 16 hours per week at national minimum wage simply because she is paid 4 weekly rather than monthly. Permission to apply for judicial review was granted on 5th December 2019.

Test case

Universal credit assessment period inflexibility

R (Johnson, Woods, Barrett and Stewart) v SSWP [2019] EWHC 23 (Admin): This case concerns a judicial review challenging the rigidity of the assessment period regime under universal credit (UC) and the way that earned income is calculated, which results in some claimants being treated as earning two monthly salaries in one assessment period. Judgment was given on 11 January 2019 finding in favour of the claimants, but the SSWP appealed. The case will be heard by the Court of Appeal on 19th May 2020.

Current Test case UK Universal credit

Test case

Maternity Allowance and Universal Credit

Moore and Others v Secretary of State for Work and Pensions CO/4081/2019. On 18 October 2019, CPAG issued judicial review proceedings challenging the treatment of maternity allowance as unearned income in the calculation of universal credit awards. There will be a "rolled up" hearing of the case on 24th and 25th June, meaning that permission to apply for judicial review will first be considered and, if permission is granted, the substantive case will be considered at the same hearing.

Current Test case UK

Test case

Universal credit and lone parents under 25

Rogers and others v SSWP CO/3678/2019: On 17 September 2019, CPAG filed a judicial review claim challenging the lower standard allowance in universal credit for lone parents who are under 25. Permission to apply for judicial review was refused at an oral permission hearing on 11/12/19. CPAG has submitted a renewal application to the Court of Appeal.

Current Test case UK Universal credit

Test case

Disability Living Allowance 2 year Past Presence Test for returning British Citizens

These cases challenge the legality of the new past presence test (PPT), which requires a person to have been in the UK for 104 of the past 156 weeks before being eligible to claim Disability Living Allowance. The case was due to be heard in the Upper Tribunal on 21st and 22nd January 2020, but was adjourned in order for further evidence to be filed. The case has been relisted for 22-24 April 2020.

Current Test case UK

Test case

Widowed Parent's Allowance where there has been a religious ceremony

This case concerns entitlement to Widowed Parent’s Allowance (WPA) where the claimant and the deceased partner had undergone a religious ceremony and considered themselves to be and held themselves out as being legally married. The First tier Tribunal found that the claimant had no entitlement to WPA, and permission to appeal to the Upper Tribunal was refused, first by the FtT and then, on renewal, by the UT itself. Following a successful Cart style judicial review of the decision not to allow permission to appeal, the case has been remitted to the UT for a decision on the WPA entitlement. The case will be heard in the UT on 13/02/20.

Current Test case UK

Test case

Universal Credit, disability and transitional protection

This case is a challenge to the lack of transitional protection, and inability to return to legacy benefits, in cases where the claimant's benefit entitlement is terminated, forcing them onto UC, and the decision to terminate their benefits is subsequently found to be incorrect. After an unsuccessful hearing in the High Court, we have been granted permission to appeal to the Court of Appeal and the case is due to be heard on 22/23 April 2020.

Current Test case UK Universal credit

Test case

Bereavement Support Payments for Unmarried Parents

Jackson & Others v SSWP CO/975/2019: On 1st October 2019, CPAG were granted permission to apply for judicial review, challenging the requirement under the Pensions Act 2014 in conjunction with the Bereavement Support Payment Regulations 2017 that, in order to be entitled to Bereavement Support Payment (BSP) at the higher rate, the claimant must have been the deceased’s spouse or civil partner. The hearing is listed for 28th January 2020.

Current Test case UK

Test case

Two child limit challenge

On 19 November 2019, CPAG was granted permission to appeal to the Supreme Court in this case. This is a challenge to the two child limit, introduced by the Welfare Reform and Work Act 2016. The claim was initially issued in the High Court in 2017. The High Court allowed the challenge to the ordering restriction on children in kinship care, but rejected the wider challenge to the policy as a whole. CPAG appealed to the Court of Appeal, but was unsuccessful. It will now be heard in the Supreme Court.

Children’s benefits Current Test case Two child limit UK

Test case