Loss of EDP following natural migration to Universal Credit (FL v Secretary of State for Work and Pensions (UC)[2024] UKUT 6 (AAC))

FL v Secretary of State for Work and Pensions (UC): [2024] UKUT 6 (AAC).

Published 1 February 2024

Read the full decision in UA-2021-001442-UOTH.

Judicial Summary

Universal credit (UC) – Transitional protection arrangements for managed and natural migration to UC.

Appellant naturally migrated from legacy benefits to UC on moving to a different area.

UC entitlement less than previous legacy benefit entitlement.

No compensation for loss of enhanced disability premium (EDP) in breach of ECHR art 14.

Case on all fours with R (on the application of TP) v SSWP (TP (No.3)) – Universal Credit (Transitional Protection) Regulations 2014 regs 48, 63 and Sch.2 – Whether Regulations can be disapplied – RR v SSWP [2019] UKSC 52 considered and applied.

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