Concluded test cases

  • Council Tax Reduction - minimum local residence rule

    Last updated: July 30, 2014

    (AA and others) v Sandwell Metropolitan Borough Council CO/633/2014

    Council tax reduction – minimum local residence rule

    CPAG has won a test case on behalf of three vulnerable women in financial need who were charged a higher rate of council tax by their local authority simply because they only recently moved into the area.  The judicial review case is one of the first test cases on the extent of local authority’s powers and duties in setting up council tax reduction schemes.  

  • 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.  

  • Saving the safety net - Judicial review against funding cut for Local Welfare Assistance Schemes – CPAG intervention

    Last updated: February 26, 2014

    R(Christian Jump) v (1) Secretary of State for Work and Pensions and (2) Secretary of State for Communities and Local Government CO/1838/2014

    CPAG is an intervener in this judicial review challenge to the Government’s decision to cease grant funding for Local Welfare Assistance Schemes. These schemes provide vital support for vulnerable individuals and families in crisis, including disabled people, victims of domestic violence and pregnant mothers.

     

  • ZM and AB v HMRC (TC) [2013] UKUT 0547 (AAC)- CTC/2335/2011 and CTC/2326/2011

    Last updated: November 29, 2013

    These two cases arose when a couple tried on two separate occasions to claim tax credits. HMRC refused the claims on the grounds that the national insurance number (NINo) requirement was not met and notified them of a right of appeal. They duly appealed. HMRC then argued that the tribunal had no jurisdiction to consider the appeals because there was no right of appeal against a decision that a claim had not been validly made due to failure to meet the NINo requirement.

  • 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".

  • 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. 

  • 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).

  • CDLA/735/2009 – Exporting DLA – when does the UK cease to be the competent state?

    Last updated: October 17, 2012

    The claimant in this case moved to Spain from the UK on 5th November 2002. She was in receipt of the lower rate of the care component of DLA. She had paid enough national insurance contributions to be entitled to a state retirement pension once she passed retirement age. She never worked or claimed benefits in Spain. Her DLA was terminated on 8th January 2007.

  • 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.

  • CDLA/2053/2011 – exporting disability living allowance - from what date claims should be revised or superseded

    Last updated: June 6, 2012

    This case concerns the date from which claims for disability living allowance (DLA) should be revised or superseded.