Legal test cases

PR claimed UC as part of a mixed-age couple after her ESA award (with support component) ended when she reached pension age. Despite having been previously recognised by DWP as having LCW and LCWRA, she was subject to the application of the three month delay before the LCWRA element became payable in her UC award. The UT found that regulation 28(1) (and to the extent that it is necessary, regulation 28(2)) of the Universal Credit Regulations 2013 discriminated against the appellant on the basis of her age, contrary to her rights under Article 14 when read with A1P1 of the ECHR. The offending part of regulation 28 must therefore be disapplied.

Judgment of the Upper Tribunal three judge panel was given on 01 September 2022. The Secretary of State applied for permission to appeal to the Court of Appeal on 24 November 2022. The Upper Tribunal refused permission to appeal on 20 January 2023. The Court of Appeal dismissed an appeal by the Secretary of State against that decision on 01 March 2024. A claimant whose universal credit claim is decided before they request backdating can simply raise a request for backdating as part of a revision request and that must then be considered.