Moore and another v Secretary of State for Work and Pensions [2020] EWHC 2827 (Admin)
On 18 October 2019, CPAG issued judicial review proceedings challenging the treatment of maternity allowance (MA) as unearned income in the calculation of universal credit (UC) awards. A "rolled up" hearing of the case took place in the High Court on 24–25 June 2020, meaning that permission to apply for judicial review and the substantive case were considered at the same hearing. In a judgment handed down on 26 October 2020, the judge found that CPAG's case was arguable on two grounds, but ultimately found in favour of the Secretary of State. CPAG applied to the Court of Appeal for permission to appeal on behalf of the claimants. The permission application was considered at an oral hearing on 23 June 2021 and permission was refused. There is no further avenue of challenge in relation to this matter.
The Upper Tribunal held that when a worker has worked for over 12 months then they do not need to show a genuine chance of being engaged after 6 months of unemployment in order to retain worker status and the associated right to reside.
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 at an oral permission hearing on 11/12/19. CPAG sought permission to appeal this decision in the Court of Appeal but permission was refused on 30 April 2021.
Whether creating a universal credit account and clicking 'Make a claim' is sufficient to count as a defective claim for universal credit? The claimant in CUC/968/2019 created an online universal credit account. He then clicked 'Make a claim'. He did not complete all of the questions the system then generated on the same day. Instead he logged out and did not complete all the questions and click 'Submit claim' until a few days later.
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.
Nuneaton and Bedworth Borough Council v Hockley & SSWP 2017 [UKUT] 471 (AAC)
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. The case was heard by the Court of Appeal on 21/05/19 and judgment was handed down on 24/06/19. The Court of appeal held that "bedroom" as it is used in Regulation B13(5) of the Housing Benefit Regulations 2006, should be interpreted as meaning a room capable of being used as a bedroom by any of the categories listed in Regulation 13(5), and not by the particular claimant. The Court found that there is no subjective element in the assessment and that a bedroom suitable for a baby would also be suitable for a 15 year old, as the Regulations do not make a distinction. Both rooms being considered in this case could therefore be classed as bedrooms, meaning that the family did have a “spare” room.