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England and Wales Case Law

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Social security law

Secretary of State for Work and Pensions v MR

The Upper Tribunal held the First-tier Tribunal erred in law on self-sufficiency and right to reside for universal credit, and remitted the case for a fresh oral hearing.

  • Right to reside
  • Universal credit eligibility
  • Self-sufficiency
  • Habitual residence
  • Social assistance
  • Comprehensive sickness insurance
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Immigration law [2025] EWHC 1814 (Admin)

BZ, R (On the Application Of) v Secretary of State for Work and Pensions

BZ, R (On the Application Of) v Secretary of State for Work and Pensions [2025] EWHC 1814 (Admin) (16 July 2025)

The court considered whether a dependent family member who fled domestic abuse retained Withdrawal Agreement rights and could rely on equal treatment for Universal Credit and settlement.

  • Eu settlement scheme
  • Universal credit eligibility
  • Withdrawal agreement interpretation
  • Domestic abuse and immigration status
  • Article 14 echr discrimination
  • Article 23 withdrawal agreement equal treatment
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Social security

KL v Secretary of State for Work and Pensions

The Upper Tribunal held that a Universal Credit claimant who started university before any LCW determination was made could not rely on the education exception.

  • Universal credit eligibility
  • Students and disability
  • Limited capability for work
  • Regulation 14 exceptions
  • Universal-credit
  • Students
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Social security

Secretary of State for Work and Pensions v Wilfried Versnick & Anor

The Court of Appeal dismissed the Secretary of State’s appeal over Universal Credit, holding that the EU national could rely on household resources without legal error on these facts.

  • Universal credit eligibility
  • Self-sufficiency under eu directive
  • Social assistance burden
  • Right to reside
  • Directive 2004/38/ec interpretation
  • Universal-credit
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Social security law [2024] EWCA Civ 1454

Secretary of State for Work and Pensions v Versnick & Anor

Secretary of State for Work and Pensions v Versnick & Anor [2024] EWCA Civ 1454 (29 November 2024)

The Court of Appeal dismissed the Secretary of State’s appeal, holding that an EU national could rely on a UK spouse’s benefits in assessing self-sufficiency where the household burden did not increase.

  • Universal credit eligibility
  • Eu citizens' rights directive
  • Self-sufficiency under directive 2004/38/ec
  • Right to reside
  • Social assistance burden
  • Habitual residence test
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Public law [2023] EWCA Civ 1307

Secretary of State for Work and Pensions v AT

Secretary of State for Work and Pensions v AT [2023] EWCA Civ 1307 (08 November 2023)

The Court of Appeal held that Charter-based obligations under the Withdrawal Agreement had to be assessed on AT’s actual circumstances, and dismissed the Secretary of State’s appeal.

  • Universal credit eligibility
  • Withdrawal agreement
  • Charter of fundamental rights
  • Right of residence
  • Discrimination
  • Children's rights
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Administrative law [2022] EWCA Civ 1593

Kays, R (On the Application Of) v Secretary of State for Work and Pensions

Kays, R (On the Application Of) v Secretary of State for Work and Pensions [2022] EWCA Civ 1593 (02 December 2022)

The Court of Appeal dismissed a challenge to 2020 Universal Credit regulations affecting disabled students, finding no duty to consult, no irrationality, and compliance with the Equality Act duty.

  • Universal credit eligibility
  • Disability discrimination
  • Public sector equality duty
  • Rationality of regulation-making
  • Consultation requirements
  • Judicial-review
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Administrative law

FLINN KAYS v SECRETARY OF STATE FOR WORK AND PENSIONS

The High Court dismissed a judicial review challenging a Universal Credit regulation that restricted student eligibility for disabled claimants.

  • Universal credit eligibility
  • Secondary legislation
  • Consultation requirements
  • Rationality of regulations
  • Echr article 14 discrimination
  • Public sector equality duty
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Administrative law [2022] EWHC 167 (Admin)

Kays, R (On the Application Of) v Secretary of State for Work and Pensions

Kays, R (On the Application Of) v Secretary of State for Work and Pensions [2022] EWHC 167 (Admin) (28 January 2022)

The High Court dismissed a judicial review challenge to 2020 Universal Credit regulations, rejecting complaints about consultation, irrationality, discrimination, and equality-duty compliance.

  • Universal credit eligibility
  • Disability discrimination
  • Public sector equality duty
  • Consultation requirements
  • Rationality of secondary legislation
  • Universal-credit
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.