Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, with reference to the Upper Tribunal’s judgment in Secretary of State for Work and Pensions v AT (Aire Centre and IMA intervening) UC: [2022] UKUT 330 (AAC), how many cases of EU citizens and their families with pre-settled status applying for Universal Credit had been stayed behind that lead case.

Following the Upper Tribunal’s judgment in Secretary of State for Work and Pensions v AT (Aire Centre and IMA intervening) UC: [2022] UKUT 330 (AAC), DWP appealed to the Court of Appeal. This application has been granted and the appeal has been listed for March.

Under Section 25 of the Social Security Act 1998, the Secretary of State for Work and Pensions has the power to stay decision making when an appeal is pending in a lead test case.

DWP decision makers are currently reviewing cases to determine which cases are in scope of the judgment and which cases should be stayed.

Cases where a right to reside has been identified for those with pre-settled status will not be stayed, and in such cases, the grant of UC should follow in the usual way subject to the usual eligibility criteria. DWP decision makers will consider hardship when considering whether to stay individual cases in line with guidance. This application has been granted and the appeal has been listed for March.