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.
I have no idea what this means!
I believe she moved from Scotland to England triggering a UC claim, she had an Enhanced Disability Premium in her legacy benefit but on transfer her ‘UC Transitional Payment’ only covered what she lost in terms of the Severe Disability Payment and not the Enhanced Disability Premium. The court ruled this was wrong.