Case studies needed - disabled students unable to access UC as not had WCA

From Leigh Day solicitors -

Tessa Gregory and Lucy Cadd from the law firm Leigh Day are bringing a judicial review challenge to the Universal Credit (Exceptions to the Requirement not to be receiving Education) (Amendment) Regulations 2020 (the “2020 Regulations”), which prevent disabled students who haven’t yet been determined to have limited capability for work (LCW) from making a claim to UC. They are seeking further evidence to support the judicial review (in the form of case studies).

The 2020 Regulations were brought into force on 5 August 2020. They changed the position in law as to a disabled student’s entitlement to UC. Previously, a disabled student was entitled to UC if they were in receipt of a qualifying benefit (AA, DLA or PIP) and were deemed to have LCW following a work capability assessment (WCA). However, the 2020 Regulations now stipulate that a disabled student will not be entitled to UC unless they have already been determined to have LCW prior to the date of their claim for UC. We represent a disabled student who has been refused UC on the basis that he did not have a prior determination of LCW before making his claim to UC. As per the 2020 Regulations, he was not invited to a WCA to establish his LCW status.

The case follows the judicial review of Kauser and JL v SSWP CO/987/2020, which the SSWP conceded last year, and concerned the unlawful policy operated by the SSWP in relation to disabled students’ entitlement to UC. It is as a result of conceding that her policy was unlawful, that the SSWP decided to make the 2020 Regulations.

The judicial review has been given permission to proceed on all four grounds. In summary, those grounds are: (i) unlawful failure to consult; (ii) the 2020 Regulations are irrational; (iii) the 2020 Regulations are discriminatory in that they breach Article 14, read with A1P1 and/or Article 8 of the European Convention on Human Rights; and (iv) failure to comply with the public sector equality duty.

We are seeking case studies to support the case and would be very interested to hear of others who are in a similar position to our client. We are under some time pressure as the current deadline for the case summaries is 6 July. If there are people you have represented who have been in the same or similar situation we would be extremely grateful if you could provide a short summary of their situation to us (gaining their prior authority to do so). We would be particularly interested to hear from people who might have either been deterred entirely from claiming UC as a result of the 2020 Regs, or who have tried to use the ESA ‘workaround’. Please do not hesitate to contact us if you require any further information. Our contact details are Lucy Cadd – .(JavaScript must be enabled to view this email address) and Tessa Gregory – .(JavaScript must be enabled to view this email address).

URGENT request for further information - needed by 5PM TUESDAY 30 NOVEMBER (tomorrow!) - please help if you can -

Tessa Gregory and Lucy Cadd of Leigh Day have an urgent request for information in relation to the judicial review concerning the entitlement of disabled students to UC, the hearing of which has just concluded at the High Court. The court has requested information in relation to an outstanding issue, being how many disabled students (who did not have a determination of LCW prior to the date of their UC claim) were able to make a successful claim to UC before 5 August 2020 (the date the 2020 Regulations came into force). The 2020 Regulations are The Universal Credit (Exceptions to the Requirement not to be receiving Education) (Amendment) Regulations 2020.

This information is extremely important for the case. We would therefore be hugely grateful if you could let us know if you have had client(s) or are aware of anybody who was (a) a student or prospective student; (b) was in receipt of PIP, DLA or AA; and (c) able to make a claim for UC at any point between 2013 – 5 August 2020, without having had a determination of LCW prior to the date of their claim for UC. If you think you have any useful information at all on this point, please could you get in touch with Lucy Cadd directly (.(JavaScript must be enabled to view this email address) or 020 7650 1345) before 5pm on Tuesday 30 November 2021. Any information and assistance is hugely appreciated!

Coming to this thread very late - what was the result of this?  Given that the 2020 amendment to 14(b) still stands I guess the answer is that any JR was unsuccessful?