Appealing two months pay taken into consideration in one AP

I have recently been successful in representing a client at Universal Credit appeal hearing.

The client is paid monthly, and the appeal concerned two months’ pay being taken into consideration during one Assessment Period.

The client would clearly have benefitted from new Regulations post EWCA Civ 778, as she was left financially worse off as result of two months’ pay in one AP due to banking day shift (in this case Christmas).

The DWP argued that as these Regulations were not retrospective the appeal should not be allowed.

The Judge ruled in the claimants favour. Her reasoning was based on application of Johnson and the proper application of Reg 54.

The Judge also commented on benefit of having the additional evidence supplied by the claimant and her representative.

I’ve just had Judge accept appeal of two cases involving 4 weekly and 2 weekly payment cycles, where UC was reduced as earnings from a different AP taken into consideration. The Judge said Johnson EWCA Civ 778 applied but if Regulation 61 can’t be applied appeal still upheld as it would be perverse to apply irrational legislation to accepted facts.

That’s interesting - how did they adjust the payments? I presume it was one AP with 2 payments in for 4-weekly person and one AP with 3 payments in for 2-weekly person?