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.
This research study examines the extent to which universal credit adheres to the rule of law principles of transparency, procedural fairness and lawfulness.
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.
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).
London is one of the greatest and richest cities in the world. But for too many Londoners and their children, proximity to the city’s affluence does not mean sharing in this wealth – adequate employment, affordable housing and fit-for-purpose childcare are often out of reach. In fact, after accounting for housing costs, London has the highest rate of child poverty of any region in the UK. We asked our London Calling panel what they want their councillors to prioritise. They highlighted five main themes: childcare, free school meals, housing, children’s activities and community engagement.
This report focuses on some of the problems UC claimants are experiencing both making a claim for UC and receiving accurate payments, which appear to be caused by the digitalisation and automation of the UC system. Claimants who have specific life circumstances are experiencing similar problems because the UC computer system seems unable to calculate their UC payment correctly and in accordance with the law.
This report draws on evidence from studies of minimum household costs in London to comment on the size of differences in children’s costs in various categories. This analysis builds on new research on a ‘Minimum Income Standard for London’.