The applicants sought permission to appeal the decision of Swift J dismissing their claim for judicial review concerning the difference in treatment between Maternity Allowance (‘MA’) and Statutory Maternity Payment (‘SMP’) when calculating the amount of Universal Credit (‘UC’) payable to them. Their case is that these two payment types are not relevantly distinguishable but despite this they are treated very differently: MA is treated as ‘unearned income’ and deducted in full from an award of UC whereas SMP is treated as ‘earned income’ and is subject to an earnings disregard and deducted from an award of UC on a tapered basis.
Lady Justice Simler
[2021] EWCA Civ 970
Bailii, Judiciary
England and Wales
Updated: 16 August 2021; Ref: scu.663468