Concluded test cases

  • Incapacity benefit to employment and support allowance and backdated payments

    Last updated: August 13, 2018

    R(Smith) v SSWP JR/1249/18

    On 29 March 2018, CPAG issued judicial review proceedings challenging the decision of the DWP to limit backdated payments to those disabled people who had been underpaid when they transferred from incapacity benefit ('IB') to employment and support allowance ('ESA') to a 21 October 2014 date.

  • Tax credits and appeal rights

    Last updated: September 25, 2017

    Update - 25 September 2017 - on 14 June 2017 a three-judge panel of the Upper Tribunal decided that -

    'As soon as the Commissioners for Her Majesty’s Revenue and Customs have made a decision under section 18 of the Tax Credits Act 2002 for a tax year, any decision made under section 16 for that tax year ceases retrospectively to have any operative effect, any appeal that has been brought against that section 16 decision therefore lapses, the First-tier Tribunal ceases to have jurisdiction in relation to that appeal and that tribunal must strike out the proceedings.' (paragraph 1)

  • Refusal to accept late mandatory reconsideration requests

    Last updated: September 25, 2017

    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.

  • Refugee children – Disability Living Allowance – past presence test

    Last updated: May 24, 2017

    Update 09/09/2016: the DWP has now issued guidance, DMG Memo 20/16 and ADM Memo 21/16, confirming that it will not be appealing against the Upper Tribunal decision and that the past presence test is no longer applicable to claims for disability living allowance, personal independence payment, attendance allowance or carer's allowance.

  • Bedroom tax - children who require overnight care - R(Rutherford and Todd) v SSWP UKSC 0029/2016

    Last updated: May 24, 2017

    Update 09/11/2016: the Supreme Court has dismissed the DWP's appeal against the decision of the Court of Appeal that the bedroom tax unlawfully discriminates against families in the position of the Rutherfords. The judgment is available from the Supreme Court website. For more information, see also our press release CPAG wins Supreme Court bedroom tax breakthrough.

  • Right to reside / genuine prospect of work appeal

    Last updated: February 22, 2017

    Update: 02/11/2016: for more information on the implications of the Upper Tribunal judgment, see the October 2016 Welfare Rights Bulletin article GPOW Kapowed?

    Update: 05/08/2016: the Upper Tribunal has now issued its judgment which is available on the Upper Tribunal website.

    MB v Secretary of State for Work and Pensions CJSA/2042/2015

  • Tax Credits - Late Appeals

    Last updated: February 22, 2017

    VK v HMRC CTC/5461/2014 (Upper Tribunal (Administrative Appeals Chamber))

    Update 27/07/2016: in a judgment dated 11/07/2016, the Upper Tribunal has decided that tax credit claimants have always been able to make a late appeal against decisions made by HMRC. For more information and a link to the decision see the news item CPAG wins test case on tax credit appeals.

  • Sanctions / "Back to Work" schemes

    Last updated: February 22, 2017

    Update 09/05/2016:The Court of Appeal handed down its judgment in this case on 28 April 2016 - see Reilly and Hewstone and Others v Secretary of State for Work and Pensions [2016] EWCA Civ 413.  The Court upheld the High Court's declaration of incompatibility with respect to the retrospective effect of the Jobseekers (Back to Work) Act 2013 on claimants who had already appealed against their sanction when the Act came into force.  However, the Cour

  • Pregnancy - Right to Reside - Scope of Saint Prix

    Last updated: September 17, 2015

    UPDATE: The Upper Tribunal has allowed the appeal - the judgment can be downloaded on the right of this page [2015] UKUT 0502 (AAC).  Judge Ward found that the "reasonable period" for which a woman can have a right to reside during pregnancy and the aftermath of childbirth is 52 weeks (and not 26 weeks as proposed by the Secretary of State), subject to individual circumstances. There will be a summary of the judgment in the October 2015 edition of CPAG's Welfare Rights Bulletin.

    ADR v SSWP CIS/1288/2012 (Upper Tribunal (Administrative Appeals Chamber))

  • Benefit cap – CPAG intervention – R(SG and others) v SSWP formerly JS and others

    Last updated: March 18, 2015

    This case was heard in the Supreme Court on 29 and 30 April 2014. The court handed down judgment on Wednesday 18 March.  Read our press release.