Social Security Case Law - Spring 2025

Headnote

In the case of Managed Migration, where the LCWRA Element replaces the Carer Element in a Universal Credit award – the Transitional SDP (Severe Disability Premium) Element should only be eroded by the difference between the two elements.

Background

The claimant was previously in receipt of Income-Related Employment & Support Allowance, which included a Severe Disability Premium. Upon making the move to Universal Credit via Managed Migration, it was decided that they were entitled to the ‘Transitional SDP Element’ (TSDPE) due to the previous ESA award. The claimant later notified the Secretary of State of a relevant change of circumstances (she had been diagnosed with polymyalgia) and this seen her awarded the LCWRA element within her UC award. However, with the inclusion of the LCWRA element, the claimant lose their entitlement to the Carer Element – this resulted in the complete erosion of her Transitional SDP Element to ‘nil’. The practical difference seen the claimant go from £975.20 for the earlier assessment period to £879.98 in the later assessment period – ultimately, losing both her Carer Element and TSDPE by the inclusion of the LCWRA element.

Legal Issue

The claimant appealed the decision on the basis that the decision breached her human rights under Article 14 of the European Convention on Human rights, and that she was treated less favourably than other protected claimants  and appealed the decision, arguing that it breached her rights pursuant to Article 14 of the European Convention on Human Rights (ECHR) because she was treated less favourably than other transitionally protected claimants, who were not a carer with LCWRA.

Decision

The appeal was allowed on the ground that the First-Tier Tribunal had erred in law and that the erosion of the full amount of TSDPE was discriminatory. Instead, the claimants award should only have been eroded by the difference between the Carer Element of UC and the LCWRA.

Relevant Legislation

• The Universal Credit (Transitional Provisions) Regulations 2014, Reg. 55(5)

• European Convention on Human Rights, Art. 1 & 14

Relevant Case Law

• [R (TD & Ors) v Secretary of State for Work and Pensions [2020] EWCA Civ 618
• SSWP v JA [2024] UKUT 52 (AAC)