IMA works to ensure landmark decision is correctly implemented by DWP
The Independent Monitoring Authority for the Citizen’s Rights Agreements (IMA) is continuing to seek clarity from the Department of Work and Pensions (DWP) following an important ruling from the Court of Appeal which impacts on whether citizens have the rights to claim benefits to prevent them from becoming destitute.
The IMA, which was set up to monitor and promote the rights of EU and EEA EFTA citizens and their family members, intervened in the case against the Secretary of State for Work and Pensions’ (SSWP).
In the case, DWP had said that an EU citizen (AT) was refused Universal Credit as she had pre-settled status but did not have a qualifying right to reside. By not being able to claim the benefit, AT was at risk of destitution as she had fled her home with her child after being the victim of domestic violence.
The courts consistently found that the protection of the Charter of Fundamental Rights of the European Union (the Charter) to be able to live in dignified conditions applies under the Withdrawal Agreement in certain circumstances. In this case, AT was able to rely on her Charter right to live in dignified conditions and therefore was able to access Universal Credit.
Claims for Universal Credit for those in similar circumstances to AT had their applications put on hold whilst litigation was ongoing. Following the conclusion of this case, the IMA is pleased to confirm these applications are now being processed.
The IMA is now monitoring how DWP is implementing the judgment and the progress on its plans to clear the backlog of Universal Credit applications that were previously put on hold. It is also looking into the wider implementation of the Charter to eligible cohorts.
The IMA continues to seek clarity on the way that claims are being assessed to assure itself that the judgment is being properly applied. The DWP has released guidance to caseworkers on Charter rights assessment following SSWP v AT. This guidance is being used to aid caseworkers in their decision making in cases similar to AT. The caseworker guidance is being used in the historic cases that are now being processed and for all future claims. The IMA has provided feedback to DWP on the revised caseworker guidance.
A further public statement with updates will be published in due course.
The IMA also continues to review the broader impact of the judgment across Government. The IMA is engaging with the Ministry of Housing, Communities and Local Government to assess the impact of the judgment to homelessness assistance.
The IMA welcomes the collaborative approach to resolve matters in these areas as we recognise this impacts some of the most vulnerable citizens in our society.
The IMA encourages any citizens who have been impacted by the judgment and have experienced issues with either Universal Credit, Pension Credit, Housing Benefit or homelessness assistance to contact us through our online portal.