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.

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.

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.

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.

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.