Court of Appeal - Welfare rights case law

10 September, 2021

Court of Appeal rules that bereavement benefits cannot be paid under the law as it currently stands to surviving partner of religious polygamous marriage not recognised in England and Wales

Secretary of State for Work And Pensions v Akhtar [2021] EWCA Civ 1353

4 August, 2021

Court of Appeal in Northern Ireland overturns High Court judgment that differential treatment of claimants under terminal illness provisions is unlawful

The Department For Communities v Cox [2021] NICA 45

29 June, 2021

Court of Appeal refuses permission to appeal against High Court decision that treatment of maternity allowance as unearned income for the purposes of universal credit is not unlawful

Moore & Anor v Secretary of State for Work and Pensions [2021] EWCA Civ 970

22 February, 2021

Court of Appeal considers whether to hear appeal on points of law not previously raised by HMRC

Her Majesty's Revenue and Customs v Carrington [2021] EWCA Civ 174

18 December, 2020

Court of Appeal rules that government acted unlawfully in barring EU citizens from relying on ‘pre-settled status’ to access universal credit

Fratila & Anor v Secretary of State for Works and Pensions & Anor [2020] EWCA Civ 1741

15 September, 2020

Court of Appeal rejects challenge to increase in women’s state pension age

Delve & Anor, R (On the Application Of) v The Secretary of State for Work And Pensions [2020] EWCA Civ 1199

19 August, 2020

Court of Appeal in Northern Ireland rules that provisions allowing widowed parent's allowance to be suspended when claimant began to cohabit, and to be terminated when she remarried, were not unlawful

Lennon, Re Application for Judicial Review [2020] NICA 15

17 August, 2020

Court of Appeal in Northern Ireland rules that contribution conditions for bereavement payment should be treated as met if deceased person was unable to work and pay contributions due to disability

Michael O'Donnell v Department for Communities [2020] NICA 36

11 August, 2020

Denial of bereavement support payment to family of a deceased woman who had been unable to work and pay NI contributions due to severe disability breached ECHR

O'Donnell v Department For Communities [2020] NICA 36

1 July, 2020

Court of Appeal rules that UK was not competent Member State in case where claim for carer’s allowance was made by claimant who had moved to Cyprus having lived and worked in UK

Konevod v Secretary of State for Work And Pensions [2020] EWCA Civ 809

22 June, 2020

Court of Appeal rules that Work and Pensions Secretary acted irrationally and unlawfully by failing to adapt earned income assessment rules to account for impact on certain universal credit claimants

Secretary of State for Work And Pensions v Johnson & Ors [2020] EWCA Civ 778

12 May, 2020

Court of Appeal rules that failure to provide transitional protection for claimants who transferred to universal credit following incorrect legacy benefit decision was unlawful

TD & Ors, R (On the Application Of) v Secretary of State for Work And Pensions [2020] EWCA Civ 618

29 January, 2020

Court of Appeal upholds High Court judgments that failure to protect income of severely disabled claimants migrating to universal credit is unlawful

AR & SXC, R (On the Application Of) v Secretary of State for Work and Pensions [2020] EWCA Civ 37

10 January, 2020

Court of Appeal in Northern Ireland rules that legislation that excludes EU jobseekers from eligibility for housing benefit is not in breach of ECHR

Stach, Tadeusz and Department for Communities and Department for Work and Pensions
[2020] NICA 4

4 December, 2019

Court of Appeal decides not to exercise discretion to hear academic case on DHPs and orders claimant to pay local authority’s costs

Rehoune v London Borough of Islington
[2019] EWHC 371 (Admin)

24 June, 2019

Entitlement to bedroom under regulation B13 must be determined objectively without reference to physical practicality of accommodating category of actual occupants

[2019] EWCA Civ 1080

17 May, 2019

Meaning of 'income' in pension credit notional retirement pension income rules when value of pension plan is less than claimant’s contributions

[2019] EWCA Civ 839

16 April, 2019

Court of Appeal holds that two-child limit is not incompatible with rights under Articles 8, 12 or 14 of European Convention on Human Rights

[2019] EWCA Civ 615

7 March, 2019

Court of Appeal rules that objective evidence is critical when deciding the ‘genuine and sufficient link’ test for disability benefits

[2019] EWCA Civ 272

Welfare rights (Court of Appeal)

Secretary of State for Work And Pensions v Akhtar [2021] EWCA Civ 1353

Lennon, Re Application for Judicial Review [2020] NICA 15

Welfare rights
(Court of Appeal)