MH v Secretary of State for Work and Pensions (SC944/19/01408)
CPAG represented the appellant in a challenge to the universal credit (UC) rules that prevent certain 19 year olds who are in full-time, non-advanced education from being included in their parents’ UC claim, while they are also prevented from claiming UC in their own right, on the basis that the provisions are discriminatory and irrational. The appeal was heard by the First-tier Tribunal on 24 November and was dismissed.
Moore and another v Secretary of State for Work and Pensions [2020] EWHC 2827 (Admin)
On 18 October 2019, CPAG issued judicial review proceedings challenging the treatment of maternity allowance (MA) as unearned income in the calculation of universal credit (UC) awards. A "rolled up" hearing of the case took place in the High Court on 24–25 June 2020, meaning that permission to apply for judicial review and the substantive case were considered at the same hearing. In a judgment handed down on 26 October 2020, the judge found that CPAG's case was arguable on two grounds, but ultimately found in favour of the Secretary of State. CPAG applied to the Court of Appeal for permission to appeal on behalf of the claimants. The permission application was considered at an oral hearing on 23 June 2021 and permission was refused. There is no further avenue of challenge in relation to this matter.
The Upper Tribunal held that when a worker has worked for over 12 months then they do not need to show a genuine chance of being engaged after 6 months of unemployment in order to retain worker status and the associated right to reside.
On 17 September 2019, CPAG filed a judicial review claim challenging the lower standard allowance in universal credit for lone parents who are under 25. Permission to apply for judicial review was refused at an oral permission hearing on 11/12/19. CPAG sought permission to appeal this decision in the Court of Appeal but permission was refused on 30 April 2021.
Whether creating a universal credit account and clicking 'Make a claim' is sufficient to count as a defective claim for universal credit? The claimant in CUC/968/2019 created an online universal credit account. He then clicked 'Make a claim'. He did not complete all of the questions the system then generated on the same day. Instead he logged out and did not complete all the questions and click 'Submit claim' until a few days later.
MH v Secretary of State for Work and Pensions C3/2015/2886
The issue raised by this case in the Court of Appeal is whether the UK’s Immigration (EEA) Regulations 2006 must be read pursuant to EU law as providing a right to reside in the UK not only to EEA children in education whose parents have been employed persons, but also to those whose parents have been ¬self-employed persons. Regretfully the Court of Appeal has decided that there is no such requirement and an application for permission to appeal to the Supreme Court has been refused.