Caselaw summaries
Easy access to all caselaw summaries published in our Welfare Rights Bulletin since 2013, covering welfare rights cases we think will be of interest to advisers.
LR v SSWP (UC)
[2022] UKUT 65 (AAC)
Universal credit (UC) – unearned income
Kays, R (On the Application Of) v Secretary of State for Work and Pensions
[2022] EWHC 167 (Admin)
Disabled students – 2020 amendments not unlawful
R (on the application of) TP and AR (TP and AR No.3) v Secretary of State for Work and Pensions, and R (on the application of) AB and F v Secretary of State for Work and Pensions
[2022] EWHC 123 (Admin)
Universal credit (UC) – natural migration by severely disabled claimants – failure to provide relief for loss of enhanced disability premium (EDP) and child tax credit (CTC) disabled child element unlawful
SK v HMRC and SSWP
[2022] UKUT 10 (AAC)
Transfer to universal credit (UC) – termination of tax credits – automatic on receipt of stop notice
JL v Calderdale Metropolitan Borough Council and SSWP
[2022] UKUT 9 (AAC)
Transfer to universal credit (UC) – withdrawal of claim – termination of housing benefit (HB)
Fratila and another v Secretary of State for Work and Pensions
[2021] UKSC 53
Right to reside and pre-settled status – benefit rules not unlawful
R (Salvato) v the Secretary of State for Work and Pensions
[2021] EWCA Civ 1482
Universal credit childcare costs – proof of payment requirement not unlawful
Pantellerisco and others v Secretary of State for Work and Pensions
[2021] EWCA Civ 1454
Universal credit – benefit cap where paid four-weekly – calculation of earnings rules not unlawful
HMRC v AB
[2021] UKUT 209 (AAC)
Transfer to UC from tax credits – UC claim withdrawn before issue of stop notice to HM Revenue and Customs (HMRC) – must be a subsisting claim for UC at time of the stop notice for termination of tax credits to follow
CG v The Department for Communities in Northern Ireland
Case C-709/20, CJEU
Right to reside – pre-settled status – discrimination and whether benefit rules lawful