Court of Appeal upholds decision that universal credit payments can be backdated on revision, but claimants risk still being thwarted by DWP IT design flaws and those subject to managed migration face ‘double whammy’ loss of transitional protections and backdated payments.
A landmark ruling in the Court of Appeal has held that the government is required to consider the fundamental rights of EU citizens and their families residing in the UK, including their right to live in dignified conditions, before refusing universal credit support.
Digital aspects of universal credit (UC) routinely lead to wrong amounts being awarded to claimants – often the most vulnerable - and to breaches of rule-of-law principles, new Child Poverty Action Group (CPAG) research finds.
This research study examines the extent to which universal credit adheres to the rule of law principles of transparency, procedural fairness and lawfulness.
The Court of Appeal has ruled in favour of two universal credit claimants who brought judicial reviews against the DWP after waiting months for their first payments of UC due to them not having a national insurance number at the point they claimed the benefit, despite DWP having verified their identity and determined they were eligible for UC.
An EU citizen (WV) who is a carer for his severely disabled British wife (J) has – with support from Child Poverty Action Group - won a legal battle with the DWP after a Tribunal found the couple were wrongly underpaid universal credit for nearly 2 years while he had pre-settled status, since the couple’s joint claim was refused by the DWP in 2020.
A three-judge panel of the Upper Tribunal has held that AT, an EU national with pre-settled status (limited leave to remain) but no qualifying EU right to reside in the UK for the purposes of universal credit, is entitled to rely upon the EU Charter of Fundamental Rights even after the end of the Brexit “transition period” (ie after 31 December 2020).
Prior to COVID-19, there were more than four million children living in poverty in the UK – that’s nine children in a classroom of 30. In London, that number rises to 11. While the full economic impact of the pandemic is yet to be seen, we know that low-income households are bearing the brunt, and for families living in the capital things are likely to get worse before they get better. Even prior to COVID-19, the high cost of rent, childcare and travel made it very difficult for London families on low incomes to cover basic costs. In addition, families with children have been hit the hardest by cuts to the social security system, squeezing family budgets even further. In the face of this, our public services have a crucial role to play in tackling child poverty and ensuring children and families recover from the pandemic.
In the second in this series, our report looks at problems with understanding decisions, challenging errors and protecting the rights of people claiming universal credit (UC). It outlines some of the problems claimants experience when they try to challenge a decision about their UC award. These problems have been identified by analysing case studies received via CPAG’s Early Warning System (EWS).
This report presents case studies and analysis from CPAG’s Early Warning System to highlight problems with the information provided to people claiming universal credit.