Current test cases | Page 2 | CPAG

Current test cases

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. 

Two child limit challenge

In August 2017, CPAG issued a claim for judicial review in the High Court against the Secretary of State for Work and Pensions (SSWP) to challenge the two child limit, introduced by the Welfare Reform and Work Act 2016. 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. CPAG have sought permission to appeal against this decision in the Supreme Court and currently await the outcome of this application.

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 applied for permission to appeal to the Court of Appeal and are currently awaiting a decision.

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.