Current test cases | CPAG

Current test cases

Universal Credit, disability and transitional protection

This case was a challenge to the lack of transitional protection, and inability to return to legacy benefits, in cases where the claimant's benefit entitlement is terminated, forcing them onto UC, and the decision to terminate their benefits is subsequently found to be incorrect. After an unsuccessful hearing in the High Court, we have been granted permission to appeal to the Court of Appeal.

Bereavement Support Payments for Unmarried Parents

Jackson & Others v SSWP CO/975/2019: On 1st October 2019, CPAG were granted permission to apply for judicial review, challenging the requirement under the Pensions Act 2014 in conjunction with the Bereavement Support Payment Regulations 2017 that, in order to be entitled to Bereavement Support Payment (BSP) at the higher rate, the claimant must have been the deceased’s spouse or civil partner. The hearing is listed for 28th January 2020.

Two child limit challenge

On 19 November 2019, CPAG was granted permission to appeal to the Supreme Court in this case. This is a challenge to the two child limit, introduced by the Welfare Reform and Work Act 2016. The claim was initially issued in the High Court in 2017. The High Court allowed the challenge to the ordering restriction on children in kinship care, but rejected the wider challenge to the policy as a whole. CPAG appealed to the Court of Appeal, but was unsuccessful. It will now be heard in the Supreme Court.

Defective claims for universal credit and date of claim

Whether creating a universal credit account and clicking "Make a claim" is sufficient to count as a defective claim for universal credit?

Maternity Allowance and Universal Credit

Moore and Others v Secretary of State for Work and Pensions CO/4081/2019. On 18 October 2019, CPAG issued judicial review proceedings challenging the treatment of maternity allowance as unearned income in the calculation of universal credit awards.

Universal credit and lone parents under 25

LR and others v SSWP CO/3678/2019: On 17 September 2019, CPAG filed a judicial review claim challenging the lower standard allowance in universal credit for lone parents who are under 25. Permission to apply for judicial review was refused on the papers and the matter has now been listed for an oral hearing on 11/12/19.

EU pre-settled status

Fratila and Tanase v SSWP CO/3632/2019: On 15 October 2019, CPAG were granted permission by the High Court to bring judicial review proceedings on behalf of two EU nationals 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.

Benefit cap and those paid 4 weekly

Pantellerisco and others v SSWP CO/3572/2019: 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 despite the fact that she works 16 hours per week at national minimum wage simply because she is paid 4 weekly rather than monthly.

Universal Credit (UC) for 19 year olds in full-time, non-advanced education

This case is a challenge to the UC rules that prevent certain 19 year olds that are in full-time, non-advanced education from being included in their parents’ claim, while they are also prevented from claiming UC in their own right.

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

This case concerns entitlement to Widowed Parent’s Allowance (WPA) where the claimant and the deceased partner had undergone a religious ceremony and considered themselves to be and held themselves out as being legally married. The First tier Tribunal found that the claimant had no entitlement to WPA, 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 has been remitted to the UT for a decision on the WPA entitlement. The case will be heard in the UT on 13/02/20.