Universal Credit in UK Law

Leading Cases
  • R (TP and AR) v Secretary of State for Work and Pensions
    • Queen's Bench Division (Administrative Court)
    • 14 June 2018

    In any event, the material before court does not establish that the Transitional Regulations as they stand strike a fair balance between the interests of the individual and the interests of the community in bringing about a phased transition to universal credit. In all the circumstances of this case, the operation of the implementation arrangements in the way they do is manifestly without reasonable foundation and fails to strike a fair balance.

  • Secretary of State for Work and Pensions v Danielle Johnson
    • Court of Appeal (Civil Division)
    • 22 June 2020

    We need to consider what are the disadvantages of deciding not to “fine-tune” the Regulations thereby allowing the non-banking day salary shift problem to persist unresolved; what are the disadvantages of adopting a solution to the non-banking day salary shift problem; would a solution be consistent or inconsistent with the nature of the universal credit regime; and has a reasonable balance been struck by the SSWP — or rather is it possible to say that no reasonable Secretary of State would have struck the balance in the way the SSWP has done in this case?

    The effect of these swings in universal credit award and monthly income is described in detail in the witness statements of the Respondents. Ms Johnson states that she finds it impossible to budget for sudden drops in income in the months following an assessment period in which two salary instalments have been counted. She becomes overdrawn at the bank during the month in which the low universal credit award is received.

    The duration of the impact on the Respondents: At present there is no way for the Respondents themselves to put matters right once the start and end dates of their assessment periods are fixed by the date on which they submit their claim. As the table in para 60 above shows, the problem arises in several months each year and will last throughout the years of the claimant's period of entitlement.

  • R (on the application of DA and Others) v Secretary of State for Work and Pensions
    • Supreme Court
    • 15 May 2019

    For by then there was — and there still remains — clear authority both in the Humphreys case and in the bedroom tax case for the proposition that, at any rate in relation to the government's need to justify what would otherwise be a discriminatory effect of a rule governing entitlement to welfare benefits, the sole question is whether it is manifestly without reasonable foundation.

  • Humphreys v Revenue and Customs Commissioners
    • Supreme Court
    • 16 May 2012

    Under the new system, a single tax credit is payable in respect of each child, irrespective of whether the claimant is in or out of work, and is administered by Her Majesty's Revenue and Customs (HMRC). CTC is like income support and jobseeker's allowance, in that it is a benefit rather than a disregard and it is means-tested, so that the higher one's income the less the benefit, until eventually it tapers out altogether.

    It seems clear from Stec, however, that the normally strict test for justification of sex discrimination in the enjoyment of the Convention rights gives way to the "manifestly without reasonable foundation" test in the context of state benefits. The same principles were applied to the sex discrimination involved in denying widow's pensions to men in Runkee v United Kingdom [2007] 2 FCR 178, para 36.

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Books & Journal Articles
  • Universal Credit, ‘Positive Citizenship’, and the Working Poor: Squaring the Eternal Circle?
    • No. 81-1, January 2018
    • The Modern Law Review
    This article examines the potential effects of the Welfare Reform Act 2012 on the United Kingdom social security system, and on claimants. This legislation illustrates new modes of thought and ideo...
  • Universal credit, ideology and the politics of poverty.
    • Vol. 24 No. 3, September 2016
    • Renewal
    • Morris, George
    ...Universal Credit was the centrepiece of Iain Duncan Smith's reforms at the Department for Work and Pensions between 2010 and 2016. It has been widely criticized and its delivery beset by problems. To understand the policy, though, and how it might be......
  • Contemporary UK wage floors and the calculation of a living wage
    • No. 39-6, October 2017
    • Employee Relations
    • 815-824
    Purpose: The purpose of this paper is to describe how the voluntary living wage (LW) in the UK is set. It examines how this calculation relates to contemporary approaches to setting wage floors, bo...
    ... ... by state support forhouseholds, especially tax credits and Universal Credit.Originality/value –The paper clarifies how the setting of the UK ... ...
  • Resources
    • No. 60-2, June 2013
    • Probation Journal
    ... ... Universal ... Credit ... ...
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  • Form COP44A
    • HM Courts & Tribunals Service court and tribunal forms
    Court of Protection forms including the COP1 application to make decisions on someone's behalf.
    ... ... • Income Support ... • Universal Credit (and you’re earning less than £6,000 a year) ... • Pension ... ...
  • Mortgage pre-action protocol checklist
    • HM Courts & Tribunals Service court and tribunal forms
    County Court forms including the N1 money claim form.
    ... ... Universal Credit, or ... • mortgage Rescue Scheme (MRS), or other means of ... ...
  • Appeal a social security benefits decision (Notice of appeal)
    • HM Courts & Tribunals Service court and tribunal forms
    Social Security and Child Support forms including notices of appeal to the Department of Work and Pensions and HM Revenue and Customs.
    ... ... Employment and Support Allowance (ESA) or Universal Credit (UC) ... If you are appealing another benefit decision then you ... ...
  • Application by tenant or local housing authority for a Rent Repayment Order (Housing and Planning Act 2016)
    • HM Courts & Tribunals Service court and tribunal forms
    Housing and planning forms including Rent Repayment Orders and Demolition Orders.
    ... ... (i) evidence that universal credit or housing benefit has been paid for rent in respect of occupation ... ...
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