Test Cases | CPAG

Test Cases

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.

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.

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.

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.

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?

EU pre-settled status

Fratila and Tanase v SSWP CO/3632/2019: On 15 October 2019, CPAG were granted permission by the High Court to bring judicial review proceedings on behalf of two EU nationals who were refused universal credit on the basis that their limited leave to remain in the UK under Appendix EU to the immigration rules (pre-settled status) was not a qualifying right of residence for the purposes of means-tested benefits.