Current test cases | Page 2 | CPAG

Current test cases

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 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 we are awaiting the judgment.

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 on 20-22 October 2020.

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?

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.

Revised benefit cap

R (DS and Others) v Secretary of State for Work and Pensions [2019] UKSC 21: This case concerned a judicial review challenging the revised, lower benefit cap, introduced in 2016. The appeal was brought on behalf of two single mothers who are affected by the cap due to their caring responsibilities. One of the claimants has children with significant health needs while the other has previously fled domestic violence. The appeal in this case was heard on 17-19 July 2018 by a 7 judge panel of the Supreme Court alongside that of R(DA and Others) v SSWP.  Judgment was given on 15 May 2019 finding that cap did not unlawfully discriminate against lone parents with children under 5 and their children. CPAG are now considering taking this matter to the European Court of Human Rights in Strasbourg. We are looking for new claimants for this next step of the challenge and would appreciat any suitable referrals via our test case pages of suitable families affected by the cap, particularly where there is no DHP in place. 

Child tax credit and disability element

Following a data match with DWP, HMRC discovered that 28 000 families, subsequently revised to 33 000, had not been receiving the disability element of child tax credit. While this might have been going on since 2011, HMRC was only prepared to back date the child element to the April 2016.