Legal test cases

This is a challenge to the policy of the Secretary of State for Work and Pensions in relation to MJ, a claimant in receipt of the carer element and transitional SDP element, to erode the whole of her transitional SDP element when she was found to have limited capability for work and work related activity. The UT allowed the SSWP’s appeal and re-made the FTT decision in MJ’s favour, finding that she had been unlawfully discriminated against.

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.

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.