Application of Charter of Fundamental Rights to Universal Credit

Following the outcome of the case of SSWP v AT which found that the Charter of Fundamental Rights applies, in limited circumstances, in the context of Universal Credit support, the IMA are engaging with DWP over their revised guidance to caseworkers.  We raised concerns with DWP on issues including Third Country Nationals, who were initially excluded from the guidance 

In light of our engagement, DWP has updated its guidance to account for family members who are Third Country Nationals.  The DWP have updated its guidance following the coming into force of section 45 of the Border Security Asylum and Immigration Act 2025, which puts into law the UK Government’s commitment to treat all EU and EEA EFTA citizens, and their family members, with EUSS status (except where that status was granted in error) as though they have rights under the Agreements. 

IMA continue to engage with DWP and the Department of Communities in Northern Ireland.