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Test case

Right to reside based on self-sufficiency

SSWP v WV (UC) [2023] UKUT 112 (AAC)
In a judgment of 15 May 2023 the Upper Tribunal ruled that an EEA national who was a carer for his disabled wife who was in receipt of income related ESA, in circumstances where the amount of ESA decreased due to his presence in the household (loss of some premiums and taking account of carer's allowance more than offset increase to couple rates), had a right to reside as a self sufficient person. When the couple then claimed universal credit, the additional cost of £347.07 a month which awarding that benefit to the couple rather than just awarding it to his British wife as a single person, along with the cost of similar such claims which would also now fall to be allowed, was not an unreasonable burden on the UK social assistance system and therefore the claimant continued to have a right to reside as a self sufficient person and was therefore entitled to a joint award of universal credit. The Secretary of State now has permission to appeal that decision in the Court of Appeal.
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all of the UK
Test case

No requirement to request backdating before a claim to universal credit determined

AM v SSWP (UC) [2022] UKUT 242 (AAC); Abdul Miah (by his litigation friend Mashuq Miah) (Respondent) v SSWP [2024] EWCA Civ 186
Judgment of the Upper Tribunal three judge panel was given on 01 September 2022. The Secretary of State applied for permission to appeal to the Court of Appeal on 24 November 2022. The Upper Tribunal refused permission to appeal on 20 January 2023. The Court of Appeal dismissed an appeal by the Secretary of State against that decision on 01 March 2024. A claimant whose universal credit claim is decided before they request backdating can simply raise a request for backdating as part of a revision request and that must then be considered.
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all of the UK
Test case

Destitute EU nationals with PSS can rely on EU Charter of Fundamental Rights to obtain Universal Credit

SSWP v AT (AIRE Centre and IMA Intervening) [2022] UKUT 330 (AAC); SSWP v AT [2023] EWCA Civ 1307
Judgment of the Upper Tribunal three judge panel dismissing the Secretary of State’s appeal against the decision of the First-tier Tribunal was given on 12 December 2022. The Secretary of State appealed to the Court of Appeal The case was heard in the Court of Appeal from 8 - 10 March 2023. A further hearing took place on 10 October 2023. The judgment of the Court of Appeal was handed down on 8 November 2023, dismissing the appeal. The Secretary of State applied for permission to appeal to the Supreme Court and this was refused on 7 February 2024, meaning that the Court of Appeal’s judgment is now final.
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all of the UK
eBulletin

Students and benefits eBulletin - December 2023

Students and benefits training and factsheets, the NEW carer support payment, universal credit managed migration for students and Scottish Government student funding announcement.
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Relevant to
Scotland,
Welfare Rights Bulletin

A guide to dignity?

Martin Williams considers the DWP’s operational guidance concerning making awards of universal credit to those with pre-settled status but without a qualifying right to reside.

Welfare Rights Bulletin

'Backdating' and managed migration to UC

Simon Osborne considers to what extent the rules on ‘backdating’ universal credit (UC) can apply to the process of managed migration to UC.

Welfare Rights Bulletin

New carer support payment launches in Scotland

A new benefit, called carer support payment, launched in parts of Scotland on 20 November 2023.1The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 No.302 (‘CSP Regs’) This benefit replaces carer’s allowance in Scotland. Many of the rules are the same as carer’s allowance, but there are some differences. The new benefit will be rolled out gradually. Angela Toal explains.

Welfare Rights Bulletin

The transitional element in practice

Owen Stevens examines information provided by DWP in response to concerns expressed by advice organisations about the approach being taken to the calculation of the transitional element for claimants managed migrated to universal credit (UC).

Welfare Rights Bulletin

Managing with migration to UC?

Mark Willis examines official research and analysis on managed migration to universal credit (UC).

Welfare Rights Bulletin

Right word, right place: a welfare rights tool

Owen Stevens sets out the importance of the language welfare rights advisers use to describe our clients’ legal problems. The article describes some commonly misused language where greater accuracy would be helpful.

Welfare Rights Bulletin

Tales from the food bank

The Food Bank Income Maximisation project, a partnership between CPAG and the Trussell Trust, offers a dedicated advice line, training and resources for advisers working in food banks. As the project’s first anniversary approaches, Harriet Chaplin looks at some cases brought to our attention, highlighting common mistakes with the DWP’s decision-making and practice.