Concluded test cases

KH v Bury MBC and SSWP (HB) [2020] UKUT 50 (AAC)

Retention of "worker status" when worked for over a year - no test of whether has a genuine chance of being engaged

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.

Test case UK Concluded

Test case

Incapacity benefit to employment and support allowance and backdated payments

Disability benefits Test case UK Concluded

Test case

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.

Bedroom tax Housing benefit Test case UK Concluded

Test case

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.

Children’s benefits Disability benefits Test case UK Concluded

Test case

Refusal to accept late mandatory reconsideration requests

Mandatory reconsideration and appeals Test case UK Concluded

Test case

Tax credits and appeal rights

Mandatory reconsideration and appeals Tax credits Test case UK Concluded

Test case

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.

Test case UK Concluded

Test case

Refugee children – Disability Living Allowance – past presence test

Children’s benefits Disability benefits Test case UK Concluded

Test case

Bedroom tax - children who require overnight care

Bedroom tax Test case UK Concluded

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