Case law

A comprehensive library of universal credit-related case law from the Upper Tribunal and the higher courts, with links through to the full judgment and to the rightsnet summary.

Rotate your device to view the table

Neutral citation Jurisdiction Case name Date Reference Summary Number Year

[2020] UKUT 18 (AAC)

Upper Tribunal

KD v SSWP

14 January, 2020

CUC/2641/2018

Whether decision to apply minimum income floor was appealable / application of minimum income floor to seasonal worker

2020

18

[2020] UKSC 2

Supreme Court

Northern Ireland Devolution Issues. A Reference by the Attorney General (Northern Ireland)

5 February, 2020

Supreme Court dismisses Northern Ireland Attorney General’s attempt to challenge the process used to roll-out universal credit in Northern Ireland, holding that process used did not raise a ‘devolution issue’

2020

2

[2020] EWCA Civ 37

Court of Appeal

AR & SXC, R (On the Application Of) v SSWP

29 January, 2020

Court of Appeal upholds High Court judgments that failure to protect income of severely disabled claimants migrating to universal credit is unlawful

2020

37

[2019] UKUT 408 (AAC)

Upper Tribunal

KB v SSWP

19 December, 2019

CUC/2274/2018

Claimant’s view that it would be pointless to apply for a vacancy does not amount to a good reason for failing to apply for a vacancy as directed by the Secretary of State.

2019

408

[2017] UKUT 130 (AAC)

Upper Tribunal

SSWP v AC

22 March, 2017

CUC/2924/2016

Analysis of proportionality is not relevant to refusal of right to reside for Greek claimant in the UK for 30 years.

2017

130

[2019] UKUT 184 (AAC)

Upper Tribunal

MW v SSWP

6 June, 2019

CSUC/55/2019

Basic condition of being in Great Britain can be met with a right to reside that falls outside situations in regulation 9(4) of the Universal Credit Regulations 2013.

2019

184

[2019] UKUT 192 (AAC)

Upper Tribunal

ODS v SSWP

14 June, 2019

CUC/734/2018

Effect of CJEU judgment in Lounes - dependent EEA family members of dual nationals can derive right to reside where dual national exercised Treaty rights prior to acquiring citizenship of host state.

2019

192

[2018] EWHC 864 (Admin)

High Court

SC & Ors v SSWP & Ors

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.

Note: the compatibility of the two child limit was further appealed to the Court of Appeal.

2018

864

[2017] UKUT 131 (AAC)

Upper Tribunal

AM v SSWP

23 March, 2017

CUC/2058/2016

Poorly drafted ‘gateway’ questions on the universal credit claim form do not amount to the computer system being ‘inoperative’.

2017

131

[2015] UKUT 696 (AAC)

Upper Tribunal

PT v SSWP

21 December, 2015

CUC/2888/2015

Wages received during an assessment period count as income for universal credit even if the job has ended.

2015

696

[2018] UKUT 332 (AAC)

Upper Tribunal

LP v SSWP

10 October, 2018

CUC/50/2018 & CUC/51/2018

Cause of universal credit overpayment irrelevant to its recoverability and no right to appeal against decision to recover.

2018

332

[2019] EWCA Civ 615

Court of Appeal

SC & Ors, R (on the application of) v SSWP & Ors

16 April, 2019

Court of Appeal holds that two-child limit is not incompatible with rights under Articles 8, 12 or 14 of European Convention on Human Rights.

2019

615

[2019] EWHC 2356 (Admin)

High Court

Parkin, R (on the application of) v SSWP

19 September, 2019

-

High Court rules that universal credit minimum income floor is not unlawful.

2019

2356

[2017] UKUT 443 (AAC)

Upper Tribunal

M v SSWP

1 November, 2017

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.

2017

443

[2019] EWHC 2774 (Admin)

High Court

SXC, R (on the application of) v SSWP & Anor

23 October, 2019

-

High Court considers compensation following TP, AR & SXC, R (on the application of) v SSWP ruling that transitional provisions for benefit claimants with an SDP who had transferred to universal credit were unlawful.

2019

2774

[2018] EWHC 1474 (Admin)

High Court

TP & AR, R (on the application of) v SSWP

14 June, 2018

-

Government’s initial failure to protect benefit rates for severely disabled people migrating to universal credit was unlawful.

2018

1474

[2018] UKUT 306 (AAC)

Upper Tribunal

HMRC v LH

18 September, 2018

CTC/1276/2018

Withdrawal of universal credit claim did not mean that it retrospectively ceased to exist for purposes of ending tax credit award.

2018

306

[2019] EWHC 1116 (Admin)

High Court

TP, AR & SXC, R (on the application of) v SSWP

3 May, 2019

-

Universal credit migration arrangements as originally drafted for those who received severe disability premium before 16 January 2019 were unlawful.

2019

1116

[2017] UKUT 347 (AAC)

Upper Tribunal

SSWP v RW

23 August, 2017

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.

2017

347

[2018] UKUT 44 (AAC)

Upper Tribunal

MC v SSWP

8 August, 2018

CUC/533/2017 | Reported as [2018] AACR 21

A child may ‘normally live’ in more than one household for the purposes of universal credit, in which case the ‘main responsibility’ test applies.

2018

44

[2017] UKUT 477 (AAC)

Upper Tribunal

S v SSWP

3 December, 2017

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.

2017

477

[2018] UKUT 227 (AAC)

Upper Tribunal

SP v SSWP

10 July, 2018

CUC/1067/2018

A claimant who fails to attend an interview because they are unaware of a notification letter must have good reason for not attending.

2018

227

[2018] UKUT 360 (AAC)

Upper Tribunal

JB v SSWP

8 October, 2018

CSUC/494/2017

Tribunals may need to consider validity of conditionality requirements imposed on claimants when deciding sanction cases.

2018

360

[2017] UKUT 459 (AAC)

Upper Tribunal

RR v SSWP

24 October, 2017

CUC/18081/2017

Consideration must be given as to whether the 35 hour work search requirement should be reduced or lifted.

2017

459

[2019] EWHC 462 (Admin)

High Court

AD (a child, by her litigation friend TD) & PR v SSWP

1 March, 2019

-

Failure to provide transitional protection for claimants who transferred to universal credit following incorrect legacy benefit decision was not unlawful.

2019

462

[2019] EWHC 23 (Admin)

High Court

Johnson & Ors, R (on the application of) v SSWP

11 January, 2019

High Court rules that DWP’s method of assessing earned income under universal credit is unlawful.

2019

23