Claimants have been having their benefit suspended for months after being flagged as a high fraud risk. Owen Stevens discusses the DWP’s new Risk Review Team.
Some personal independence payment (PIP) claimants can now complete all or part of their application online. Confusingly, there are two separate initiatives at work. Carri Swann explains.
Recent court cases have confirmed that newly recognised refugees are, depending on when they claimed asylum, still able to make claims for retrospective child tax credits (CTC) following the roll-out of universal credit (UC). Claire Hall takes stock on who can benefit.
R (on the application of) DK v The Commissioners for her Majesty’s Revenue and Customs and (Secretary of State for Work and Pensions (Interested Party) [2021] EWHC 1845 (Admin); [2022] EWCA Civ 120
Current status: The High Court heard the case on 16 June 2021 and handed down judgment in favour of the claimant on 5 July 2021. HMRC appealed to the Court of Appeal and a hearing took place on 25 January 2022. The Court of Appeal dismissed HMRC's appeal and judgment was handed down on 8 February 2022 ([2022] EWCA Civ 120).
Martin Williams considers whether those with pre-settled status and no other qualifying right to reside have any remaining route to obtaining benefits to which the right to reside test applies.
Owen Stevens considers the circumstances in which the amount of the transitional SDP element included in the calculation of a claimant’s universal credit (UC) award can be reduced (or ‘eroded’), as a result of increases to her/his UC.
The DWP is encouraging those on legacy benefits who ‘would be better off’ on universal credit (UC) to claim it voluntarily, and is also resuming ‘managed migration’ to UC during 2022. Where does this leave claimants and those that advise them? Simon Osborne takes a look.
Fratila and another (Respondents) v Secretary of State for Work and Pensions (Appellant) [2021] UKSC 53
CPAG brought judicial review proceedings on behalf of two EU nationals, a severely disabled man and his carer, 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. On 27 April 2020, the High Court dismissed the claim. The Claimants sought permission to appeal and, following the grant of permission by the Court of Appeal, the Court found in favour of the Appellants/Claimants in a judgment handed down on 18 December 2020. The Secretary of State appealed to the Supreme Court. Meanwhile on 15 July 2021, the Court of Justice of the European Union, in a judgment which the parties in the case brought by CPAG accept is binding on the Supreme Court, ruled that it was not unlawfully discriminatory to have such a rule (i.e. that the basis on which the Court of Appeal allowed the appeal was wrong). The Supreme Court gave a final decision allowing the Secretary of State's appeal on 1 December 2021.
