Management information or other records on numbers of claimants paid UC under SSWP v AT

The request was refused by Department for Work and Pensions.

Dear Department for Work and Pensions,

1. On 12/12/2022, the Upper Tribunal in SSWP v AT (AIRE Centre and IMA Intervening) [2022] UKUT 330 (AAC) held that it was unlawful to refuse universal credit to a person in scope of the Withdrawal Agreement who had Pre Settled Status (LLR under Appendix EU) where to do so would breach their right to dignity under Article 1 of the EU Charter of Fundamental Rights.

2. The Court of Appeal, on 08/11/2023, in SSWP v AT (AIRE Centre and IMA intervening) [2023] EWCA Civ 1307 dismissed the SSWP appeal against the judgment of the Upper Tribunal.

3. The DWP has issued operational guidance on staying decision making in cases where application of this judgment might benefit the claimant who would otherwise be refused universal credit (disclosed in FOI2023/63218).

4. Please release the following information:

a) Any management information or other records kept showing

i) The numbers of claims or awards where decision making has been stayed to await the eventual outcome of this litigation.

ii) The number of claims or awards where the SSWP has applied the judgments as not to do so would cause hardship (as required by the guidance referred to above).

iii) The number of appeals where the First-tier Tribunal has held the judgment to apply to the case before it.

iv) The number of those appeals where the SSWP has appealed further.

v) The number of cases where the SSWP, despite having appealed further, had nonetheless made payment in accordance with the judgment as to do otherwise would cause hardship.

5. Please provide that information in whatever format it is kept. If all the information in 4(a)(i) to (v) cannot be provided please provide what information you can from that list, or any similar information (for example if the information is not held in a form disaggregated as requested but simply the number of cases where payments have been made based on AT is known provide that).

Many thanks for your help.

Yours faithfully,

Martin Williams

DWP freedom-of-information-requests, Department for Work and Pensions

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freedom-of-information-request@dwp.gov.uk,

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Dear Martin Williams,

I am writing in response to your request for information, received 12th
December.

Yours sincerely,

DWP Central FoI Team