Search Results for: Universal Credit Regulations 2013

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TP AR and SXC, Regina (on The Application of) v Secretary of State for Work and Pensions: Admn 3 May 2019

Challenge to Universal Credit transitional arrangements as discriminatory against severely disabled claimants. Held: The claim succeeded. Judges: Swift J Citations: [2019] EWHC 1116 (Admin), [2019] WLR(D) 267, [2019] PTSR 2123 Links: Bailii, WLRD Statutes: Welfare Reform Act 2012, Universal Credit Regulations 2013, Universal Credit (Transitional Provisions) Regulations 2014 Jurisdiction: England and Wales Benefits, Human Rights … Continue reading TP AR and SXC, Regina (on The Application of) v Secretary of State for Work and Pensions: Admn 3 May 2019

FO v Secretary of State for Work and Pensions (UC): UTAA 25 Feb 2022

Claimant’s award of Universal Credit (UC) `closed’ by Department because partner had allegedly failed to accept her claimant commitments – Assertion and limited evidence provided to First Tier Tribunal by the Department in response to appeal – Welfare Reform Act 2012, section 4(1)(e) – Universal Credit Regulations 2013 reg 16(b) applied in context of Covid-19 … Continue reading FO v Secretary of State for Work and Pensions (UC): UTAA 25 Feb 2022

BK v Secretary of State for Work and Pensions: UTAA 8 Mar 2022

Conditions of entitlement – student – regulation 12(2) Universal Credit Regulations 2013 – undertaking a full-time course of advanced education Citations: [2022] UKUT 73 Links: Bailii Jurisdiction: England and Wales Benefits Updated: 03 June 2022; Ref: scu.677467

LR v Secretary of State for Work and Pensions (UC): UTAA 16 Feb 2022

Universal Credit Regulations 2013 – regulation 66(1)(c) – unearned income – claimant in receipt of Irish widow’s contributory pension (IWCP) (which was not time-limited) – whether such a pension, paid under the law of a country outside the United Kingdom, was analogous to a widow’s pension as mentioned in regulation 66(1)(b)(vii), such that IWCP should … Continue reading LR v Secretary of State for Work and Pensions (UC): UTAA 16 Feb 2022

Fratila and Another v Secretary of State for Work and Pensions: SC 1 Dec 2021

Compatibility with EU law of statutory provisions governing eligibility for various non-contributory benefits which were inserted into existing Regulations by the Social Security (Income-related Benefits) (Updating and Amendment) (EU Exit) Regulations 2019 (‘the 2019 Regulations’). In broad terms, the 2019 Regulations prevent leave to remain in the United Kingdom arising from pre-settled status granted under … Continue reading Fratila and Another v Secretary of State for Work and Pensions: SC 1 Dec 2021

CP v Secretary of State for Work and Pensions (UC): UTAA 10 Nov 2020

Application of regulation 26(3)(aa) of the Universal Credit etc (Claims and Payment) Regulations 2013 to housing benefit. Comments on duty of Secretary of State to provide resources for submission writers to apply Kerr v Department for Social Development. Citations: [2020] UKUT 309 (AAC) Links: Bailii Jurisdiction: England and Wales Benefits Updated: 12 October 2022; Ref: … Continue reading CP v Secretary of State for Work and Pensions (UC): UTAA 10 Nov 2020

JW v Secretary of State for Work and Pensions (UC): UTAA 20 Apr 2022

Claimant entitled to income-related Employment Support Allowance at support rate – Claim ended as partner took up full-time work – Six months later claimant applied for universal credit – Whether claimant had to wait 3 months from start of Universal Credit claim for limited capability for work related activity element to be included in her … Continue reading JW v Secretary of State for Work and Pensions (UC): UTAA 20 Apr 2022

Regina (Bui) v Secretary of State for Work and Pensions; Regina (Onakoya) v Secretary of State for Work and Pensions: UTAA 18 Jul 2022

Claims for Universal Credit (UC) – whether Secretary of State for Work and Pensions is entitled to withhold payment of UC from an individual who does not have a National Insurance number (NINo) until such time as a NINo is allocated to that person – proper interpretation of section 1(1B) of the Social Security Administration … Continue reading Regina (Bui) v Secretary of State for Work and Pensions; Regina (Onakoya) v Secretary of State for Work and Pensions: UTAA 18 Jul 2022

Parkin, Regina (on The Application of) v Secretary of State for Work and Pensions: Admn 19 Sep 2019

‘The Claimant challenges the effect of regulation 62 of the Universal Credit Regulations (2013 SI No 376) (‘the Regulations’). The Regulations make provision about a welfare benefit, Universal Credit (‘UC’). Regulation 62 provides for a minimum income floor (‘MIF’). I will say more about its effect in due course. The Claimant argues that regulation 62 … Continue reading Parkin, Regina (on The Application of) v Secretary of State for Work and Pensions: Admn 19 Sep 2019

Cavendish Square Holding Bv v Talal El Makdessi; ParkingEye Ltd v Beavis: SC 4 Nov 2015

The court reconsidered the law relating to penalty clauses in contracts. The first appeal, Cavendish Square Holding BV v Talal El Makdessi, raised the issue in relation to two clauses in a substantial commercial contract. The second appeal, ParkingEye Ltd v Beavis, raised the issue at a consumer level, with a separate issue under the … Continue reading Cavendish Square Holding Bv v Talal El Makdessi; ParkingEye Ltd v Beavis: SC 4 Nov 2015

AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011

Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable harm for the purposes of an action of damages for personal injury. Held: The insurers’ appeals failed. … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011

X v Mid Sussex Citizens Advice Bureau and Another: SC 12 Dec 2012

The appellant was disabled, had legal qualifications, and worked with the respondent as a volunteer. She had sought assistance under the Disability Discrimination Act, now the 2012 Act, saying that she counted as a worker. The tribunal and CA had found no contractual relationship. She said that under the 2000 Directive (the Framework Directive ‘FD’) … Continue reading X v Mid Sussex Citizens Advice Bureau and Another: SC 12 Dec 2012