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Thread: Judicial Reviews.

  1. #1
    Senior Member nukecad's Avatar
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    Jun 2014
    West Cumbria (Lake District)

    Judicial Reviews.

    You will have seen some recent threads on here talking about the CPAG led Judicial Review challenging the limiting of backpayments for the IB to ESA error to 2014.

    There are a couple of other interesting JR's pending, about 'Natural Migration' to Universal Credit.

    CPAG are again spearheading one - this one is about 'Natural Migration' to UC following a Fit-for-Work decision at an ESA reassessment.
    It is challenging the inability to return to ESA if an ESA Fit-for-Work decision is subsequently overturned at Tribunal.
    Instead you currently have to stay on UC (if you claimed it during MR/appeal) and so could lose the EDP and/or SDP in these circumstances.

    Another Judicial Review, this one raised by Leigh Day solictors on behalf of 2 clients, is challenging a similar issue:
    This one is challenging the loss of EDP and SDP when a claim is 'naturally migrated' because of a move of house and a UC claim for housing costs arising.
    The argument here is that there is no 'change of circumstances' to qualification for ESA itself and so some form of transitional protection should apply and payments should not be reduced.
    This has already produced the desired result :

    CPAG have a few other JR's and test cases going on.
    Including another where the DWP are trying to limit backpayments, this time for non-payment of the disabilty element of Child Tax Credits.
    HMRC discovered that 28 000 families, subsequently revised to 33 000, had not been receiving the disability element of child tax credit. While this might have been going on since 2011, HMRC was only prepared to back date the child element to the April 2016.
    Last edited by nukecad; 06-10-2018 at 11:09 PM.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

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