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 Jun 2018

    The mechanism by which this achieved is complex but is as follows. Regulation 5 of the Transitional Regulations provides that a claimant is not entitled to certain benefits, including income support and housing benefit. Regulation 6 provides that a person may not make a claim for income support or housing benefit except as provided in that regulation.

    In terms of the person who moves within a local housing authority area, the position appears to be dealt with (albeit curiously) in regulation 6(3) of the Transitional Regulations. That provides that a person makes an application for a benefit if he takes any action which results in a decision on a claim being taken under certain regulations.

    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.

  • 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.

  • R (Carson) v Secretary of State for Work and Pensions
    • House of Lords
    • 26 May 2005

    There may be such an obvious, relevant difference between the claimant and those with whom he seeks to compare himself that their situations cannot be regarded as analogous. Then the court's scrutiny may best be directed at considering whether the differentiation has a legitimate aim and whether the means chosen to achieve the aim is appropriate and not disproportionate in its adverse impact.

  • 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.

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Books & Journal Articles
  • Universal Credit, ‘Positive Citizenship’, and the Working Poor: Squaring the Eternal Circle?
    • Nbr. 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 Nbr. 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
    • Nbr. 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...
    ...... also be influenced by state support forhouseholds, especially tax credits and Universal Credit.Originality/value –The paper clarifies how the ......
  • THE LIBRARIAN AS CUSTODIAN; OR, A POLICEMAN'S LOT … ?
    • Nbr. 40-2, February 1984
    • Journal of Documentation
    • 144-151
    It is a great pleasure and a signal distinction to be invited to contribute to this issue in honour of Geoffrey Woledge, formerly Librarian of the British Library of Political and Economic Science....
    ...... and practical consideration before being accepted or rejected, and credit was always given where it was due, not then—or even now—a particularly universal custom. I would like to think he will approve the sense of what follows, ......
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