CPAG has brought a challenge in the Upper Tribunal to HMRC's refusal to backdate payments of the disability element of child tax credit (CTC), following underpayments of benefit prior to April 2016. A decision is currently awaited.
On 29 March 2018, CPAG issued judicial review proceedings challenging the decision of the DWP to limit backdated payments to those disabled people who had been underpaid when they transferred from incapacity benefit (‘IB’) to employment and support allowance (‘ESA’) to a 21 October 2014 date.
MH v Secretary of State for Work and Pensions C3/2015/2886
The issue raised by this case in the Court of Appeal is whether the UK’s Immigration (EEA) Regulations 2006 must be read pursuant to EU law as providing a right to reside in the UK not only to EEA children in education whose parents have been employed persons, but also to those whose parents have been ¬self-employed persons. Regretfully the Court of Appeal has decided that there is no such requirement and an application for permission to appeal to the Supreme Court has been refused.