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Welfare Rights Bulletin

UC, wages and monthly assessment periods now

After the recent unsuccessful conclusion of a court case which sought to chip away at a problematic aspect arising from the universal credit (UC) monthly assessment period, Claire Hall provides a round-up on where things stand.

Welfare Rights Bulletin

Universal credit: conditionality cranks up

New rules and new plans in universal credit (UC) mean an increase in conditionality for significant numbers of working claimants. Simon Osborne explains.

eBulletin

Early Warning System eBulletin - September 2022

September's eBulletin is about the issues facing ill or disabled UC claimants, including work-related requirements while waiting for an assessment and limited capability for work or work-related activity problems for older claimants.
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Relevant to
England, Wales,
Test case

Universal credit, benefit cap and those paid 4 weekly

R (Pantellerisco and others) v SSWP [2020] EWHC 1944 (Admin); R (Pantellerisco and others) v SSWP [2021] EWCA Civ 1454
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. The cap is applied to the mother despite the fact that she works 16 hours per week at national living wage, simply because she is paid 4 weekly rather than monthly. Permission to apply for judicial review was granted on 5 December 2019 and the case was heard on 12 May 2020. Judgment was given on 20 July 2020 with the court finding in the claimants' favour. The SSWP appealed to the Court of Appeal and judgment was given on 8 October 2021, allowing the SSWP's appeal.  Ms Pantellerisco applied for permission to appeal to the Supreme Court on 1/12/21 and this was refused by order dated 04/08/22. 
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Relevant to
all of the UK
Welfare Rights Bulletin

Cost of living – payments and benefit

Simon Osborne describes the arrangements for the making of additional payments to benefit and tax-credit claimants to help with steep rises in the cost of living.

Welfare Rights Bulletin

Universal credit, mental health and reasonable adjustments

Emily Williams and Dee Lynch explore the duty on the DWP under the Equality Act 2010 to make reasonable adjustments for disabled claimants. Reasonable adjustments are not part of social security law and cannot be considered by benefit tribunals. CPAG does not give legal advice about disputes under the Equality Act – this article aims to provide information and practical tips in a benefit context, which may assist when advising disabled claimants.

Test case

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

AR v SSWP [2020] UKUT 165 (AAC)
This case concerned entitlement to widowed parent’s allowance (WPA) where the appellant and her partner had undergone a religious ceremony some years prior to his death and considered themselves to be, and held themselves out as being, legally married but were not in fact married under English law. The First-tier Tribunal found that the appellant had no entitlement to WPA as she did not meet the marriage requirement, 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 was remitted to the UT for a decision on the WPA entitlement. The case was heard in the UT before a three judge panel on 13/02/20 and, on 26/05/20, the UT dismissed the appeal.
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all of the UK