Welfare rights case law - RightsnetWelfare rights case law:2024-03-21T11:37:52ZCopyright (c) 2023, StuartExpressionEnginetag:rightsnet.org.uk,2023:10:12- Failure to consider every change in earnings through period of overpayment amounted to error of lawtag:rightsnet.org.uk,2024:https://www.rightsnet.org.uk/briefcase/7.583902024-03-13T10:39:00Z2024-03-13T17:22:26ZStuartstuart@rightsnet.org.uk- Erosion of universal credit transitional protection when claimant moved on from specified accommodation breached her human rightstag:rightsnet.org.uk,2024:https://www.rightsnet.org.uk/briefcase/7.583592024-03-12T13:37:00Z2024-03-12T17:19:08ZRosros@rightsnet.org.uk- Definition of prisoner for the purposes of eligibility for ESA does not include those sentenced to imprisonment by the civil courts for civil offencestag:rightsnet.org.uk,2024:https://www.rightsnet.org.uk/briefcase/7.583712024-03-12T11:01:00Z2024-03-12T17:13:59ZDaphnedaphne@rightsnet.org.uk- Scottish tribunal erred in law by failing to allow late claim for funeral expenses under provisions that relax deadlines if reason for lateness is ‘related’ to coronavirustag:rightsnet.org.uk,2024:https://www.rightsnet.org.uk/briefcase/7.583472024-03-11T07:34:00Z2024-03-11T17:13:45ZStuartstuart@rightsnet.org.uk- Court of Appeal rules that there is no requirement for a universal credit claimant to request backdating before their claim is determinedtag:rightsnet.org.uk,2024:https://www.rightsnet.org.uk/briefcase/7.582302024-03-01T14:30:00Z2024-03-08T10:28:15ZRosros@rightsnet.org.uk- Circumstances of claimant’s case did not require the First-tier Tribunal for Scotland to use power to call for further medical evidencetag:rightsnet.org.uk,2024:https://www.rightsnet.org.uk/briefcase/7.581022024-02-19T09:35:00Z2024-02-19T13:03:14ZStuartstuart@rightsnet.org.uk- High Court in Northern Ireland rules that HMRC must consider impact of decision and ‘who stands to lose most’ when awarding child benefit in a 50/50 joint custody casetag:rightsnet.org.uk,2024:https://www.rightsnet.org.uk/briefcase/7.580782024-02-15T17:50:00Z2024-02-15T17:53:47ZDaphnedaphne@rightsnet.org.uk- Tribunal erred in law in finding claimant’s disclosure of intention to claim occupational pension in the near future discharged the obligation to disclose as communicated in ESA40 booklettag:rightsnet.org.uk,2024:https://www.rightsnet.org.uk/briefcase/7.579722024-02-05T12:52:00Z2024-02-05T15:01:31ZStuartstuart@rightsnet.org.uk- Failure to provide claimant with transitional protection for loss of EDP following natural migration to universal credit was unlawful and DWP must redecide entitlement on a lawful basistag:rightsnet.org.uk,2024:https://www.rightsnet.org.uk/briefcase/7.579602024-02-02T13:14:00Z2024-02-02T14:53:39ZRosros@rightsnet.org.uk- Tribunal’s failure to mention evidence taken during hearing in its statement of reasons for decision, and later reliance on that evidence when refusing permission to appeal, amounted to error of lawtag:rightsnet.org.uk,2024:https://www.rightsnet.org.uk/briefcase/7.579622024-02-02T12:28:00Z2024-02-02T15:13:38ZStuartstuart@rightsnet.org.uk- Court of Appeal rules that section 38(1A) Tax Credits Act 2002 provisions that prevent appeals following HMRC refusal to extend time to seek review are ‘ultra vires’ the enabling legislationtag:rightsnet.org.uk,2024:https://www.rightsnet.org.uk/briefcase/7.577442024-01-22T17:23:00Z2024-02-26T18:11:35ZStuartstuart@rightsnet.org.uk- Where a LEAP decision can be construed as a non-hopeless application for anytime official error revision, then the entirety of the decision can be considered on appealtag:rightsnet.org.uk,2024:https://www.rightsnet.org.uk/briefcase/7.575492024-01-08T12:14:00Z2024-01-08T17:28:51ZDaphnedaphne@rightsnet.org.uk- First-tier Tribunal erred in law by directing Secretary of State to treat a claim for universal credit as a claim for income-related employment and support allowancetag:rightsnet.org.uk,2024:https://www.rightsnet.org.uk/briefcase/7.575482024-01-08T11:32:00Z2024-01-08T15:22:13ZStuartstuart@rightsnet.org.uk- Three-month wait for universal credit LCWRA element should not be applied to older member of mixed-age couple whose ESA ended on reaching pension agetag:rightsnet.org.uk,2024:https://www.rightsnet.org.uk/briefcase/7.575362024-01-05T11:20:00Z2024-01-08T10:35:32ZRosros@rightsnet.org.uk- Evidence that comes to light later, but relates to the time a decision was made, can be used to establish whether a decision was made based on a mistake as to a material facttag:rightsnet.org.uk,2024:https://www.rightsnet.org.uk/briefcase/7.575272024-01-04T11:11:00Z2024-01-04T12:53:38ZDaphnedaphne@rightsnet.org.uk