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Social Security Case Law

Summaries of recent cases on social security law and practice.

Court of Appeal Case (England & Wales) automatic refusal of a Universal Credit claim for the not having a National Insurance Number is unlawful.


Bui R (on the application of) v Secretary of State for Work and Pensions (Re Universal Credit) [2023] EWCA 566



The claimant experienced delays in their Universal Credit awards due to human errors causing delays in their application for a National Insurance Number and that halted their entitlement to an advance payment.


Legal Issue

The claimant argued that the policy of not awarding Universal Credit, and more specifically, not receiving an advance payment before being assigned a National Insurance Number was unlawful



The Court of Appeal held that the practice of automatically refusing to award an advance of Universal Credit on the basis of lack of National Insurance Number was unlawful.

They also upheld that, when a claimant has applied for a National Insurance Number, formal entitlement to the benefit could only arise when the relevant information/evidence has been verified by the Secretary of State.


You can read the Court of Appeal’s decision ‘here’.