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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Challenging disabled students refusal of UC – official error?

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Elliot Kent
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Joined: 14 July 2014

mycatismo - 20 November 2020 11:22 AM
Ken Butler - 13 November 2020 11:41 AM

On 31/7/20, the Secretary of State told the Court she would not be defending this claim and subsequently admitted breaching regulation 14(b) of the Universal Credit Regulations 2013 by -
• failing to determine whether the claimants had a LCW; and
• failing to conduct a WCA before deciding the Claimants’ entitlement to UC.

 

Trying to find the section of CO/987/2020 that stated that the S of S admitted the failures. as that would be crucial to a revision on grounds of official error.
Can only find where it says that she “no longer intended to defend the claim. She did not file any grounds of defence or evidence. “
- but is that the same thing?
Or is it written in some other document?

Thank you!

Are you looking at the consent order?

7. The Defendant breached regulation 14(b) of the Universal Credit Regulations 2013 (“the Regulations”), when read with regulation 38 and 39(1)(a), of the Regulations in:
(i) failing to determine whether the Claimants had limited capability for work; and
(ii)failing to conduct Work Capability Assessment before deciding the Claimants’ entitlement to Universal Credit.

https://files.gcnchambers.co.uk/wp-content/uploads/2020/11/10110115/CO009872020-0009.pdf

 

Ken Butler
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Disability Rights UK

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Hi,

This is from the Garden Court article on the case -

“On Friday 31 July 2020, the Secretary of State, who had previously denied acting unlawfully, told the Court she would not be defending this claim. She subsequently admitted breaching regulation 14(b) of the Universal Credit Regulations 2013 (‘the 2013 Regulations’), and therefore acting unlawfully, by:

failing to determine whether the Claimants had limited capability for work; and
failing to conduct a WCA before deciding the Claimants’ entitlement to UC.

On 6 October 2020 Fordham J declared, with the agreement of the parties, that the Secretary of State had acted unlawfully. He quashed the Government’s decisions which had refused the Claimants’ benefit claims. A copy of the High Court’s Order can be found here.”

https://gcnchambers.co.uk/secretary-of-state-for-work-and-pensions-operated-unlawful-policy-for-years-of-refusing-universal-credit-claims-from-disabled-students-r-kauser-and-jl-v-secretary-of-state-for-work-and-pensions-co/