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.
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| 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 |