In the news

JULY 2021

CJEU opinion on UC refusal to pre-settled residents

The Advocate General of the The Court of Justice of the European Union (CJEU) considers that the systematic refusal of benefits to EU residents with pre-settled status in the UK and with no other source of income constitutes 'indirect discrimination'.

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Regarding a case from Northern Ireland, the Advocate General of the CJEU, Richard de la Tour said that the refusal of Universal Credit to a Dutch Croatian citizen with pre-settled status by the Department of Communities in June 2020, constituted 'different treatment (to) British citizens and therefore discrimination on the grounds of nationality'.

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Although the UK is no longer part of the EU, EU human rights laws still apply here. The CJEU  interprets EU law to ensure it is commonly applied across the European Union and it is usual for the Advocate General to give an opinion on cases before they are judged, although the court may or may not agree with it. This case will come before the CJEU on 15th July 2021.

The opinion, and future judgment, on this case is especially significant as it is likely to have repercussions for other similar cases like Fratila, where EU residents with pre-settled status in the UK were refused benefits during the transition period, due to Brexit.  

EU benefits payments will not stop overnight

The government has confirmed that EU citizens who did not apply to the EU Settlement Scheme before 30th June 2021 will not have their benefits stopped automatically and extra statutory payments will be made.

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Answering Fleur Anderson (Lab) MP's question to parliament, DWP minister Justin Tomlinson also warned, however, that those EU citizens resident in the UK who have not applied to the EU Settlement Scheme need to do so as soon as possible in order to ‘ensure that benefit payments don’t stop’.

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You can keep up to date with this and all things EU and benefits on our online Benefits for European Migrants course on 27th/28th September.

Disabled student challenges Universal Credit ban

Judicial Review has been permitted for a disabled student to challenge the DWP for preventing him and thousands of others from claiming Universal Credit (UC).

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Student Flinn Kays, aged 18 and a first year psychology student at Bath Spa University is challenging the legality of the change of law in 2020  which now excludes him from the entitlement to claim a means-tested benefit.

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Since August 2020, only disabled students with an existing Limited Capability for Work determination have been able to claim or continue claiming UC; most disabled students without LCW status are simply refused UC or lose it when they become students. Remember to check whether a student is ‘receiving education’ when advising on UC and if so consider advising on a credits-only ESA claim - you can learn more on our Benefits for Students course.

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3o0,000+ affected by LHA shortfall and UC deductions

The government has confirmed that 311,000 Universal Credit claimants in private tenancies whose Local Housing Allowance does not cover the cost of their rent have also had a further deduction made from their UC.

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To a parliamentary question on deductions linked to the LHA shortfall from Karen Buck (Lab) MP, DWP Minister Will Quince responded that a further 57,000 claimants have had the LHA shortfall as well as a UC overpayment and 110,000 also have a tax credit overpayment deduction.

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Will Quince's advice to claimants in this situation is to apply for a Discretionary Housing Payment (DHP) from the local authority.