Pantellerisco & others (claimant/respondent) –v- The Secretary Of State for Work and Pensions (defendant/appellant)
Tuesday 15th June 2021
This is an appeal against the Order of Garnham J (20/7/20) that allowed the claim for judicial review and declared that the calculation required by regulation 82(1)(a) read together with regulation 54 of the Universal Credit Regulations 2013 is irrational and unlawful in so far as employees who are paid on a four weekly basis (as opposed to a calendar monthly basis) are treated as having earned income of only 28 days’ earnings in 11 out of 12 assessment periods a year.
The Respondent and her three children challenged the approach adopted by the Secretary of State for Work and Pensions to the calculation of the benefit cap in the Universal Credit statutory scheme. The application raised questions as to the proper construction of the Universal Credit Regulations 2013, the legality of those regulations and the Appellant’s application of them in the Respondents’ case.
Lower Court Judgment: