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.
More than 8,500 individuals and organisations gave evidence to the latest Work and Pensions Committee inquiry into benefit assessments. Carri Swann considers the government’s response.
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.
Carri Swann considers the implications of the proposals in the DWP's new Health and Disability White Paper to end the work capability assessment and replace current rules on limited capability for work and work related activity.
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).
At the start of the pandemic, the Department for Work and Pensions (DWP) relaxed some evidence checks for people making a universal credit (UC) claim to provide quicker access to benefits. In January 2021, the DWP began reverifying the details of claims made while evidence checks were eased. This has resulted in some claimants being asked to pay back the entirety of their UC award. More than a year after the exercise started, we continue to hear from people who have had their UC payments stopped, who have received demands to repay all the UC they received, and who are unable to understand or challenge the DWPs decision.
The Queen’s Speech was a missed opportunity for the government to introduce legislation that would support people in the short term and improve living standards in the longer term.