In Secretary of State for Work and Pensions v Johnson & Ors [2020] EWCA Civ 778, Ms Johnson, along with three other claimants (the respondents), were all in receipt of Universal Credit and were employed and paid monthly. They received their salary on or around the last working day or last banking day of the month and there were times when salaries payable in respect of two months were paid during one Universal Credit assessment period, meaning that they would receive much less in Universal Credit and lose out on the work allowance at other times in each year.
The government has confirmed it will not be challenging the Court of Appeal’s judgment in Secretary of State for Work And Pensions v Johnson & Ors [2020] EWCA Civ 778 which found that the Secretary of State acted irrationally by failing to adapt the earned income assessment rules in Universal Credit.
The government has not yet confirmed what steps it will be taking to rectify this issue or what, if any, compensation will be available to those who have been affected but CHAP will post news on this once we know.
CHAP advise anyone who has experienced a gap in their Universal Credit entitlement due to multiple payments from employment occurring within the same assessment period to notify the DWP of the issue through their online journal. CHAP recommend that you notify DWP again, even if you have reported the issue in the past, so that you do not miss out if those affected by this issue are offered recompense for the reduction in entitlement.
CHAP can offer advice and assistance on a wide range of benefits issues. If you feel you have been affected by the above or if you need other advice regarding benefits, you can contact us through our Live chat service, which is available from 10am to 6pm Mondays and Wednesdays and 10am to 3pm on Fridays at www.chap.org.uk or you can contact us via phone on 030 0002 0002.