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 |
|---|---|---|---|---|---|---|---|
[2022] UKUT 242 (AAC) |
Upper Tribunal |
AM v SSWP (UC) |
1 September, 2022 |
UA-2022-000041-USTA |
Panel of three judges holds that universal credit claimants have the right to seek backdating of their claim after the decision to award benefit has been made |
2022 |
242 |
[2019] UKUT 219 (AAC) |
Upper Tribunal |
SB v SSWP |
11 July, 2019 |
CUC/2714/2018 |
Where a person has become involuntarily unemployed after less than a year, self-employed status can be retained |
2019 |
219 |
[2020] EWHC 998 (Admin) |
High Court |
Fratila & Anor, R (on the application of) v SSWP & Anor |
27 April, 2020 |
– |
High Court rules that precluding pre-settled status from conferring a right to reside is not unlawful discrimination |
2020 |
998 |
[2021] C- 709 (20) |
CJEU |
Department for Communities in Northern Ireland |
15 July, 2021 |
– |
CJEU rules that, while legislation excluding EU citizens with pre-settled status from universal credit is not contrary to EU law, competent authority must check that refusal of assistance does not infringe individual’s right to human dignity |
2021 |
709 |
[2021] UKUT 132 (AAC) |
Upper Tribunal |
KS v SSWP |
3 June, 2021 |
CUC/1386/2020 |
Tribunal erred in failing to ensure it had before it an accurate list of work-related activities that were available for the claimant to undertake / training of universal credit staff on providing lists to tribunals not completed until July 2020 |
2021 |
132 |
[2021] UKSC 26 |
Supreme Court |
SC, CB and 8 children, R. (on the application of) v SSWP & Ors |
9 July, 2021 |
– |
Supreme Court unanimously rules that two-child limit is not incompatible with rights under Articles 8, 12 or 14 of the European Convention on Human Rights |
2021 |
26 |
[2020] NIQB 53 |
High Court |
Lorraine Cox, Re Application for Judicial Review |
7 July, 2020 |
– |
High Court holds that special rules for terminal illness, in case where claimant cannot demonstrate their death can be reasonably expected within six months, are ‘discriminatory’ and ‘manifestly without reasonable foundation’ |
2020 |
53 |
[2021] NICA 46 |
Court of Appeal |
The Department for Communities and The Department for Work and Pensions v Lorraine Cox |
3 August, 2021 |
– |
Court of Appeal in Northern Ireland overturns High Court judgment that differential treatment of claimants under terminal illness provisions is unlawful |
2021 |
46 |
[2021] UKSC 53 |
Supreme Court |
Fratila and another (AP) (Respondents) v SSWP (Appellant) |
1 December, 2021 |
– |
Supreme Court unanimously allows DWP’s appeal against Court of Appeal ruling that government acted unlawfully in barring EU citizens from relying on pre-settled status to access universal credit |
2021 |
53 |
[2022] EWHC 123 (Admin) |
High Court |
R (on the application of) TP and AR (TP and AR No.3) |
21 January, 2022 |
– |
High Court rules that failure to compensate claimants who migrated to universal credit for loss of enhanced disability premium and child tax credit disabled child element is unlawful |
2022 |
123 |
[2022] EWHC 167 (Admin) |
High Court |
Kays, R (On the Application Of) v SSWP |
28 January, 2022 |
– |
High Court dismisses judicial review challenge to universal credit disabled student rules |
2022 |
167 |
[2021] EWCA Civ 1482 |
Court of Appeal |
Salvato, R (On the Application Of) v SSWP |
13 October, 2021 |
– |
Court of Appeal holds that ‘Proof of Payment Rule’ requiring universal credit claimants to pay for childcare upfront is not unlawful |
2021 |
1482 |
[2022] UKUT 189 (AAC) |
Upper Tribunal |
R (Bui) v SSWP; R (Onakoya) v SSWP |
18 July, 2022 |
UA-2021-000580-JR & UA 2022-000464-JR |
DWP entitled to withhold payment of universal credit until a national insurance number has been allocated |
2022 |
189 |
[2022] NICom 9 |
NI Commissioners |
RP v Department for Communities |
11 May, 2022 |
C1/22-23(UC) |
Northern Ireland Social Security Commissioner rules that the DWP did not have jurisdiction to make decision on claim for universal credit made by a claimant who lived in Northern Ireland |
2022 |
9 |
[2022] UKUT 117 (AAC) |
Upper Tribunal |
JW v SSWP (UC) |
20 April, 2022 |
UA-2021-001444-ULCW |
An old style ESA claimant who claimed universal credit six months after ESA ended was entitled to receive LCWRA element immediately on account of previous determination of LCWRA and national insurance credits entitlement |
2022 |
117 |
[2021] EWCA Civ 970 |
Court of Appeal |
Moore & Anor v SSWP |
23 June, 2021 |
– |
Court of Appeal refuses permission to appeal against High Court decision that treatment of maternity allowance as unearned income for the purposes of universal credit is not unlawful |
2021 |
970 |
[2020] EWHC 2827 ((Admin)) |
High Court |
Moore & Anor, R (On the Application Of) v SSWP |
26 October, 2020 |
– |
High Court rules that treatment of maternity allowance as unearned income for the purposes of universal credit is not unlawful |
2020 |
2827 |
[2022] NIQB 29 |
High Court |
RK, Re Application for Judicial Review |
25 April, 2022 |
– |
High Court of Northern Ireland rules that treatment of maternity allowance as unearned income for the purposes of universal credit is not unlawful |
2022 |
29 |
[2022] UKUT 77 (AAC) |
Upper Tribunal |
FN v SSWP (UC) |
10 March, 2022 |
UA-2021-001182-UC |
Guidance to representatives, tribunals and the DWP on the approach to obtaining information from an abusive partner to support a claim from the person fleeing abuse when a non-molestation injunction is in place - information needed in connection with a right to reside issue |
2022 |
77 |
[2022] UKUT 56 (AAC) |
Upper Tribunal |
FO v SSWP |
25 February, 2022 |
CUC/1792/2020 |
Evidence needed to decide whether a person has failed to accept a claimant commitment |
2022 |
56 |
[2022] UKUT 73 (AAC) |
Upper Tribunal |
BK v SSWP |
8 March, 2022 |
UA-2020-000306-USTA |
Whether the definition of ‘full-time course of education’ refers to actual number of hours of study rather than classification by the particular educational institution |
2022 |
73 |
[2022] UKUT 65 (AAC) |
Upper Tribunal |
LR v SSWP (UC) |
16 February, 2022 |
CUC/1019/2020 |
Tribunal was correct to decide that an Irish widow’s pension should be counted as the claimant’s unearned income to be deducted from any calculation of universal credit. |
2022 |
65 |
[2021] NICom 59 |
NI Commissioners |
RMcE v Department for Communities (UC) |
8 December, 2021 |
C3/21-22(UC) |
Northern Ireland Social Security Commissioner rules that a tribunal was correct to treat pay in lieu of notice as employed earnings for universal credit purposes rather than as a termination of employment payment that could be excluded from the calculation of earnings |
2021 |
59 |
[2021] EWCA Civ 1454 |
Court of Appeal |
Pantellerisco & Ors v SSWP |
8 October, 2021 |
– |
Court of Appeal rules that universal credit benefit cap earnings assessment is not irrational and unlawful in the case of a four-weekly paid claimant. |
2021 |
1454 |
[2021] UKUT 121 (AAC) |
Upper Tribunal |
LG v SSWP (UC) |
29 April, 2021 |
CSUC/280/2020 |
Tribunal correct to take two lots of four-weekly paid wages into account in one universal credit assessment period / Johnson and Pantellerisco did not apply |
2021 |
121 |
[2021] UKUT 46 (AAC) |
Upper Tribunal |
NM v SSWP (UC) |
22 February, 2021 |
CUC/761/2019 |
Consideration of the treatment of late paid earnings when real time information relating to them is reported on time / the return of a deposit paid by employee on their uniform is not classed as earnings. |
2021 |
46 |
[2021] EWHC 102 (Admin) |
High Court |
Salvato, R (On the Application Of) v SSWP |
22 January, 2021 |
- |
High Court rules that requirement for universal credit claimants to pay childcare costs upfront before receiving childcare costs element is unlawful |
2021 |
102 |
[2021] UKUT 47 (AAC) |
Upper Tribunal |
ET v SSWP (UC) |
26 February, 2021 |
CUC/747/2020 | Reported as [2021] AACR 6 |
Consideration of ‘substantial risk’ arising from claimant being found fit for work includes travel to and from jobcentre and job interviews, as well as to and from work |
2021 |
47 |
[2021] EWHC 608 (Admin) |
High Court |
Blundell & Ors, R (On the Application Of) v SSWP |
17 March, 2021 |
- |
High Court rules that DWP’s universal credit deductions policy’s use of a rigid formula in respect of court fines rather than the exercise of discretion as the legislation requires is unlawful. |
2021 |
608 |
[2020] UKUT 307 (AAC) |
Upper Tribunal |
KG v SSWP |
6 November, 2020 |
CUC/563/2020 |
Sanction decision overturned on account of ambiguity in the notification of the requirement to take part in a telephone interview and the claimant having good reason for failure to attend. |
2020 |
307 |
[2020] EWCA Civ 1741 |
Court of Appeal |
Fratila v SSWP |
18 December, 2020 |
– |
Court of Appeal rules that government acted unlawfully in barring EU citizens from relying on ‘pre-settled status’ to access universal credit |
2020 |
1741 |
[2020] UKUT 309 (AAC) |
Upper Tribunal |
CP v SSWP |
10 November, 2020 |
CUC/148/2020 |
Consideration of what amounts to ‘late notification of expiry of entitlement’ for universal credit backdating purposes, where claimant advised he could no longer claim housing benefit after moving to new local authority area |
2020 |
309 |
[2020] UKUT 247 (AAC) |
Upper Tribunal |
EAM v SSWP |
7 August, 2020 |
CUC/1773/2018 |
Capital from a former home can be disregarded if it is ‘more probable than not’ that it will be used for a new home |
2020 |
247 |
[2020] EWHC 2482 (Admin) |
High Court |
Caine, R (On the Application Of) v DWP |
23 September, 2020 |
- |
High Court rules that the formulae for converting weekly rents to a monthly value for the purposes of calculating entitlement are neither irrational nor unlawful. |
2020 |
2482 |
[2020] UKUT 239 (AAC) |
Upper Tribunal |
W v HMRC |
23 July, 2020 |
CTC/1221/2019. |
Whether a single tax credits claimant could avoid prohibition on claiming tax credits in a universal credit full-service area by relying on previous year’s joint award. |
2020 |
239 |
[2020] UKUT 215 (AAC) |
Upper Tribunal |
MD v SSWP |
6 July, 2020 |
CUC/2777/2019 |
ESA case law relating to requirement for DWP to provide tribunals with evidence of work-related activity available in area where claimant lives applies equally to universal credit |
2020 |
215 |
[2020] EWHC 1944 (Admin) |
High Court |
Pantellerisco & Ors, R (On the Application Of) v SSWP |
20 July, 2020 |
– |
High Court rules that the assessment of earnings under universal credit benefit cap rules is irrational and unlawful because it subjected a working mother to the cap solely because she was paid on a four-weekly basis rather than calendar monthly. |
2020 |
1944 |
[2020] EWCA Civ 778 |
Court of Appeal |
SSWP v Johnson & Ors |
22 June, 2020 |
– |
Court of Appeal rules that the Secretary of State for Work and Pensions acted irrationally and unlawfully by failing to adapt earned income assessment rules to account for their impact on certain monthly paid claimants. |
2020 |
778 |
[2020] UKUT 109 (AAC) |
Upper Tribunal |
PP v SSWP |
6 April, 2020 |
CUC/1389/2019 | Reported as [2020] AACR 25 |
Appeal rights where a universal credit claim has been ‘closed’ for non-attendance at a jobcentre interview / whether appealable decision is subject to requirement for mandatory reconsideration |
2020 |
109 |
[2020] EWCA Civ 618 |
Court of Appeal |
TD & Ors, R (on the application of) v SSWP |
12 May, 2020 |
– |
Court of Appeal rules that failure to provide transitional protection for claimants who transferred to universal credit following incorrect legacy benefit decision was unlawful |
2020 |
618 |
[2020] UKUT 108 (AAC) |
Upper Tribunal |
GDC v SSWP |
26 March, 2020 |
CUC/968/2019 | Reported as [2020] AACR 24 |
Whether universal credit date of claim can be fixed at point when claimant starts or saves progress entering online claim information rather than when completed claim is submitted |
2020 |
108 |
[2020] UKUT 48 (AAC) |
Upper Tribunal |
SSWP v AJ |
13 February, 2020 |
CUC/1617/2019 |
Whether income support including a disability premium is ‘paid on grounds of incapacity for work or disability’ / whether income support is extinguished or suspended where claimant is imprisoned |
2020 |
48 |
[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 |