test case

  • Refusal to accept late mandatory reconsideration requests

    Last updated: September 25, 2017
    test case

    Update - 25 September 2017 - on 4 August 2017 a three-judge panel of the Upper Tribunal decided that, where a claimant makes a mandatory reconsideration request at any time within 13 months of the original decision, s/he will, if dissatisfied, subsequently be entitled to appeal to a First-tier Tribunal.

  • Child tax credit and disability element

    Last updated: June 16, 2017
    test case

    Following a data match with DWP, HMRC discovered that 28 000 families, subsequently revised to 33 000, had not been receiving the disability element of child tax credit. While this might have been going on since 2011, HMRC was only prepared to back date the child element to the April 2016.

    CPAG is challenging the refusal to backdate payments further on the basis that the underpayments were caused by official error. The case is currently at the First tier tribunal. A hearing date has not been set.

  • The bedroom tax limps on

    Issue 256 (February 2017)
    article

    Carla Clarke reviews the recent Supreme Court decision in Rutherford and others, and where this leaves the bedroom tax and potential challenges.

  • Upper Tribunal extends pregnancy right to reside

    Issue 248 (October 2015)
    article

    Mike Spencer looks at a recent Upper Tribunal decision on the residence rights of women who have to give up work during pregnancy and following childbirth.

  • Residence rights round-up

    Issue 247 (August 2015)
    article

    Henri Krishna examines the most significant developments in residence-related rights for European migrants over the last year.

  • Supreme Court splits the baby over the benefit cap

    Issue 245 (April 2015)
    article

    The Supreme Court’s judgment on the benefit cap in R (SG and others) was handed down on 18 March 2015. The Court was sharply divided over whether the benefit cap, which limits the amount of welfare benefits any family with children can receive to £500 a week, regardless of family size, breaches the Human Rights Act 1998. Mike Spencer comments.

  • CTR minimum residency rule

    Issue 242 (October 2014)
    article

    In R (Winder and others) v Sandwell MBC,1 the High Court ruled that a local authority could not lawfully adopt a council tax reduction (CTR) scheme that was restricted only to those who had lived in the borough for two years. Michael Spencer discusses the case and its implications for CTR schemes and localised welfare more generally.

    • 1. [2014] EWHC 2617 (Admin)
  • Residence rights and wrongs

    Issue 242 (October 2014)
    article

    Henri Krishna reviews recent changes in rules1 about residence and benefits, concentrating on developments not already covered by articles on the 1 January 2014 changes in CPAG's Welfare Rights Bulletin 238 and the Saint Prix decision of the European Court of Justice in CPAG's Welfare Rights Bulletin 241.

    • 1. SI 2014/1451
  • Saint Prix and the right to reside for pregnant women

    Issue 241 (August 2014)
    article

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    Mike Spencer looks at a recent European Court of Justice decision with important findings about the right to reside of women who have given up work due to pregnancy.

  • Council Tax Reduction - minimum local residence rule

    Last updated: July 30, 2014
    test case

    (AA and others) v Sandwell Metropolitan Borough Council CO/633/2014

    Council tax reduction – minimum local residence rule

    CPAG has won a test case on behalf of three vulnerable women in financial need who were charged a higher rate of council tax by their local authority simply because they only recently moved into the area.  The judicial review case is one of the first test cases on the extent of local authority’s powers and duties in setting up council tax reduction schemes.