High Court - Welfare rights case law

26 October, 2020

High Court rules that treatment of maternity allowance as unearned income for the purposes of universal credit is not unlawful

The Queen on the Application of Moore & Anor v Secretary of State for Work and Pensions [2020] EWHC 2827 (Admin)

23 October, 2020 Open access

High Court rejects challenge to decision not to increase financial support for recipients of carer’s allowance in response to coronavirus pandemic

CC, R (On the Application Of) v HM Treasury & Anor [2020] EWHC 2817 (Admin)

23 September, 2020

High Court rules that formulae for converting weekly rents to a monthly value for the purposes of calculating universal credit entitlement are neither irrational nor unlawful

Caine, R (On the Application Of) v Secretary 0f State for Work and Pensions (Rev 1) [2020] EWHC 2482 (Admin)

20 August, 2020 Open access

High Court in Northern Ireland grants interim relief pending full hearing delayed by COVID-19 to prisoner challenging housing benefit temporary absence rules

Taylor, Re Application for Judicial Review [2020] NIQB 46

24 July, 2020

High Court rules that mandatory reconsideration requirement as it applies to ESA claimants who meet the conditions for payment while appeal pending is unlawful

Connor, R (On the Application Of) v The Secretary of State for Work And Pensions [2020] EWHC 1999 (Admin)

23 July, 2020

High Court rules that requirement to repay a ‘Loan for Mortgage Interest’ immediately on the sale of a property is not incompatible with Article 14 of the ECHR

Vincent & Ors, R (On the Application Of) v Secretary of State for Work And Pensions [2020] EWHC 1976 (Admin)

20 July, 2020

High Court rules that universal credit benefit cap earnings assessment is irrational and unlawful in case of a four-weekly paid claimant

Pantellerisco & Ors, R (on the application of) v The Secretary of State for Work and Pensions [2020] EWHC 1944 (Admin)

8 July, 2020

High Court holds that special rules for terminal illness, in case where claimant cannot demonstrate their death can be reasonably expected within six months, are ‘discriminatory' and 'manifestly without reasonable foundation'

Cox, Re Application for Judicial Review [2020] NIQB 53

16 June, 2020 Open access

High Court rules that government decisions on Coronavirus Job Retention Scheme and changes to statutory sick pay were not unlawful in relation to ‘limb b workers’

Adiatu & Anor, R (On the Application Of) v Her Majesty's Treasury [2020] EWHC 1554 (Admin)

15 June, 2020

High Court rules that exclusion of mixed-age couples from pension credit is not discriminatory or in breach of the public sector equality duty

Prichard, R (on the application of) v The Secretary of State for Work and Pensions [2020] EWHC 1495 (Admin)

22 May, 2020

High Court rules that government’s ‘no recourse to public funds’ regime is unlawful in cases where applicant will imminently suffer inhuman or degrading treatment without recourse

R (W, A Child By His Litigation Friend J) v The Secretary of State for the Home Department & Anor [2020] EWHC 1299 (Admin)

27 April, 2020

High Court rules that precluding pre-settled status from conferring a right to reside is not unlawful discrimination

Fratila & Anor, R (on the application of) v Secretary of State for Work and Pensions & Anor [2020] EWHC 998 (Admin)

7 February, 2020

High Court rules that bereavement support payment eligibility criteria that exclude cohabiting parents from entitlement are incompatible with human rights law

Jackson & Ors v The Secretary of State for Work And Pensions [2020] EWHC 183 (Admin)

24 October, 2019

High Court considers compensation following ruling that transitional provisions for benefit claimants with an SDP who had transferred to universal credit were unlawful

[2019] EWHC 2774 (Admin)

3 October, 2019

High Court rules that mechanism used to increase women’s state pension age, in combination with a failure to properly inform women of the changes, was not unlawful

[2019] EWHC 2552 (Admin)

23 September, 2019

High Court rules that universal credit minimum income floor is not unlawful

[2019] EWHC 2356 (Admin)

3 May, 2019

High Court rules that universal credit migration arrangements for those who received severe disability premium before 16 January 2019 are unlawful

[2019] EWHC 1116 (Admin)

13 March, 2019

Failure of UK authorities to provide an EU jobseeker access to housing benefit not in breach of ECHR

[2018] NIQB 93

1 March, 2019

High Court rules that failure to provide transitional protection for claimants who transferred to universal credit following incorrect legacy benefit decision was not unlawful

[2019] EWHC 462 (Admin)

Welfare rights (High Court)

The Queen on the Application of Moore & Anor v Secretary of State for Work and Pensions [2020] EWHC 2827 (Admin)

Pantellerisco & Ors, R (on the application of) v The Secretary of State for Work and Pensions [2020] EWHC 1944 (Admin)

Welfare rights
(High Court)