Legal test cases

On 12 May 2020, the Court of Appeal handed down judgment in favour of the appellants in this case. The appellants were originally in receipt of legacy benefits but had to claim universal credit (UC) when the Secretary of State for Work and Pensions (SSWP) decided that they were no longer entitled to legacy benefits and terminated their awards.  Even though those decisions were ultimately overturned on revision, the appellants were stuck on UC and received less than they would have if they had remained on legacy benefits.  The Court found that there had been a difference in treatment of the appellants compared with legacy benefit claimants who had not had any wrongful decision terminating their legacy benefit awards and therefore would be moved to UC through managed migration and benefit from transitional protection. This difference in treatment was found by the Court to be manifestly without reasonable foundation and the Article 14 non-discrimination rights of the appellants (in conjunction with Article 1 to the First Protocol) had been breached. The SSWP applied directly to the Supreme Court for permission to appeal but that application was refused on 26 February 2021. 

CPAG represented the appellant in a challenge to the universal credit (UC) rules that prevent certain 19 year olds who are in full-time, non-advanced education from being included in their parents’ UC claim, while they are also prevented from claiming UC in their own right, on the basis that the provisions are discriminatory and irrational. The appeal was heard by the First-tier Tribunal on 24 November and was dismissed.

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.

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.