*R (on the application of Johnson and others) v Secretary of State for Work and Pensions

Social welfare – Universal credit. On the true construction of reg 54 of the Universal Credit Regulations 2013, SI 2013/376 (concerning the calculation of universal credit), the amount of the earned income of a claimant in respect of an assessment period was to be based on, but would not necessarily be the same as, the amount of earned income actually received in that assessment period. The Divisional Court so ruled concerning judicial review claims brought by the claimant employees, who were paid monthly and had occasionally received two months' salaries during one assessment period. The court held that the defendant Secretary of State for Work and Pensions had erred in treating the claimants' combined salary for those two months' as earned income in respect of that assessment period for the purposes of calculating the amount of universal credit payable, in circumstances where the salaries were referable to two months.

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