Overpayments and recovery – Secretary of State waiver

Issue 190 (February 2006)

Sarah Clarke describes DWP guidance on when recovery of a benefit overpayment might be waived.

CIS/1224/2007– Regulation 1408/71, Directive 2004/38/EC

Last updated: February 13, 2012

The issues in this case are as follows:

1. Whether Article 10a EC Regulation 1408/71 means that an EU national who is habitually resident in the UK has a right to receive special non-contributory benefits

2. Whether an EU national who is unable to work due to his/her partner’s illness retains a right of residence

B v Secretary of State for Work and Pensions

Last updated: April 18, 2012

Overpayment caused by failure to disclose – whether overpayment recoverable – whether failure reasonable

The claimant had been overpaid income support for her children when she failed to disclose that they had been taken into care. The appeal tribunal found that disclosure was not reasonably required of the claimant until she had been advised by a social worker to report the change as prior to that her learning difficulties had reasonably prevented her from appreciating the need to inform the DWP of this change.

Punakova: Whether formerly self-employed EU nationals with children in education in the UK have a right to reside

Last updated: February 25, 2013

Punakova C-148/11 (Joined with Czop C-147/11) - Right to reside test - Formerly self-employed workers with children in education - 'Baumbast' rights - Article 12 Regulation (EEC) 1612/68 on the freedom of movement of workers.

This was a potential test case extending the scope of the “right to reside” test, which governs access to certain benefits for EU workers in the UK.  The question in this case was whether so-called 'Baumbast' rights also apply to the children of EU nationals who had previously been self-employed. 

Potter v Secretary of State for Work and Pensions, joined with Minter v Hull City Council

Last updated: April 18, 2012

On appeal from Kingston upon Hull City Council v DLM (HB) [2010] UKUT 234 (AAC) And Secretary of State for Work and Pensions v JP [2010] UKUT 90 (ACC)  

These cases are about how equal pay settlements made to local authority part time workers are to be treated for benefit purposes, whether they are to be treated as income or capital, and whether they are to be attributed to past or future periods.

R(CPAG) v Secretary of State for Work and Pensions – Housing benefit challenge

Last updated: February 13, 2012

In March 2011, CPAG brought a legal challenge of two of the cuts to Housing Benefit for private sector tenants due to come into force in full on 1st April 2011.

CE/978/2011 - Polish national - lawfulness of 2009 extension of WRS (but see update 04/01/2013), proportionality of WRS

Last updated: January 4, 2013

Polish national - self sufficiency, unrevoked registration certificate, retrospective effect of registration certificate, lawfulness of 2009 extension of WRS, proportionality of WRS

The claimant in this case is a Polish national who worked in the UK from 1/2/06 to 23/12/08. The period 8/2/08 to 23/12/08 was registered. The claimant also had an unrevoked registration certificate (residence permit).

Saint Prix v DWP: pregnancy and right to reside

Last updated: June 25, 2014

Jessy Saint Prix v Department for Work and Pensions C-507/12.

The issue in this case is whether a French national who became temporarily unable to work due to pregnancy and childbirth and had no continuing employment rights retained her status as a 'worker' in EU law and therefore her right of residence in the UK when she claimed income support on grounds of pregnancy.  

R(CPAG) v 1. Secretary of State for Work and Pensions 2. Secretary of State for Education – Child Poverty Act challenge

Last updated: July 31, 2012

Proceedings for judicial review were issued challenging the government’s failure to comply with the terms of the Child Poverty Act.

Gorry v DWP: Housing Benefit size criteria and severely disabled children

Last updated: March 12, 2013

This case establishes that the size criteria used to determine housing benefit discriminate unlawfully against disabled children who cannot share a room because of their disability.  The case also benefits disabled children affected by the "bedroom tax".