Universal credit: Case law
In this section you will find the main universal credit case law.
- CUC/1276/2018 - A tax credits case that considers the transition from tax credits to UC and whether the decision to end a CTC claim by HMRC (following a stop notice from DWP) is correct when a claimant had made a claim for UC by mistake and never received an award.
- CUC/1067/2018 - The judge makes two points. First, without deciding the issue, it is inherent in the nature of a notification that can lead to a sanction for failure to comply that it does not take effect unless and until it is received. Second, he decides that the notion of good reason does not allow a person who was not aware of a letter of notification to be made subject to a sanction
- CUC/50/2018 and CUC/51/2018 - The decision contains a comparison of the grounds for recovery of an overpayment in social security benefits generally and UC.
- CUC/1974/2017 - Failure by a First-tier Tribunal to exercise its enabling and inquisitorial jurisdiction amounts to an error of law
- CUC/1808/2017 - Consideration must be given as to whether the 35 hour work search requirement should be reduced or lifted
- CUC/533/2017 - Whether claimant responsible for child - child staying with godparent near college but also staying alternate weekends with father. Whether "normally living with" means living with the claimant for longer than with any other person - CFC/1537/1995 considered - whether test for family credit legislation also applies to Universal Credit Regulations - where child normally lives with different adults in two different places, the main responsibility test must be applied
- CUC/166/2017 - Secretary of State concedes that where an employer fails to notify earnings on time, a universal credit award may be adjusted to make appropriate amendments
- CUC/2924/2016 - A lacuna in right to reside law must be found in EU law and not in domestic benefit law / A mistake to focus exclusively on EU law, whether to identify whether the law as a whole is deficient or to find a solution to the perceived problem
- CUC/2385/2016 - Whether a room needs to be able to accommodate a separate bedside table and clothes storage to be classed as a bedroom
- CUC/2058/2016 - Whether official computer system inoperative
- CUC/1653/2016 - ‘Good cause’ case law applies to consideration of ‘good reason’ / ignorance of law is capable of founding ‘good reason’ for failure to carry out work-related requirement
- CUC/2888/2015 – This case explores whether earnings which are for work done before the assessment period but received in the ‘assessment period’ are to be taken into account as earned income
- R (on the application of Johnson and others) v Secretary of State For Work and Pensions  EWHC 23 (Admin) (11 January 2019) - High Court rules that DWP’s method of assessing earned income under universal credit is unlawful.
- TP and AR, R (On the Application Of) v Secretary of State for Work and Pensions  EWHC 1474 (Admin) (14 June 2018) - High Court rules that government's failure to protect benefit rates for severely disabled people migrating to universal credit is unlawful
- SC & Ors v Secretary of State for Work and Pensions & Ors  EWHC 864 (Admin) (20 April 2018) - High Court rules that the two child limit is compatible with the ECHR, but allows claim in relation to the lawfulness of the kinship care exception
Last reviewed/updated 11 January 2019