Test Cases | Page 2 | CPAG

Test Cases

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. Permission to appeal to the Upper Tribunal has now been granted in both cases and they will be heard together on 21st and 22nd January 2020.

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 has now been given permission to appeal to the Court of Appeal.

Revised benefit cap

R (DS and Others) v Secretary of State for Work and Pensions [2019] UKSC 21: This case concerned a judicial review challenging the revised, lower benefit cap, introduced in 2016. The appeal was brought on behalf of two single mothers who are affected by the cap due to their caring responsibilities. One of the claimants has children with significant health needs while the other has previously fled domestic violence. The appeal in this case was heard on 17-19 July 2018 by a 7 judge panel of the Supreme Court alongside that of R(DA and Others) v SSWP.  Judgment was given on 15 May 2019 finding that cap did not unlawfully discriminate against lone parents with children under 5 and their children. CPAG are now considering taking this matter to the European Court of Human Rights in Strasbourg. We are looking for new claimants for this next step of the challenge and would appreciat any suitable referrals via our test case pages of suitable families affected by the cap, particularly where there is no DHP in place. 

Widowed parents’ allowance and non-married couples

In August 2018, the Supreme Court handed down its judgment that denying bereavement benefits to unmarried, cohabiting partners with children is incompatible with human rights law. Separately, CPAG is representing a Muslim woman with two young children who was also denied WPA following the sudden death of her partner with whom she had been through an Islamic marriage ceremony and believed herself to be lawfully married.

Bedroom tax where a room is too small to share

This case concerns the removal of the spare room subsidy, widely referred to as the ‘bedroom tax’, in cases where a bedroom is too small for two children to share.

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.

Right to reside for the self-employed

The issue raised by this case in the Court of Appeal is whether the UK’s Immigration (EEA) Regulations 2006 must be read pursuant to EU law as providing a right to reside in the UK not only to EEA children in education whose parents have been employed persons, but also to those whose parents have been ­self-employed persons. Regretfully the Court of Appeal has decided that there is no such requirement and an application for permission to appeal to the Supreme Court has been refused.