Test Cases | CPAG

Test Cases

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.

Disability Living Allowance and the Genuine and Sufficient Link Requirement

This appeal concerns the application of the ‘past presence’ test that requires disability benefit claimants to be resident in Great Britain for 104 weeks out of the 156 weeks prior to the claim. However, for claimants to whom an EU regulation applies, the past presence test is disapplied if they can establish a genuine and sufficient link to the UK social security system.

Child tax credit and disability element

Following a data match with DWP, HMRC discovered that 28 000 families, subsequently revised to 33 000, had not been receiving the disability element of child tax credit. While this might have been going on since 2011, HMRC was only prepared to back date the child element to the April 2016.