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Welfare rights
(Upper Tribunal)

6 September, 2023

Notional income from student loan was not to be taken into account in case where student did not apply for loan due to religious beliefs

IB v Gravesham Borough Council and Secretary of State for Work and Pensions
[2023] UKUT 193 (AAC)
UA-2019-001395-HB

4 September, 2023

Meaning of ‘care’ and whether it must be required in order to establish entitlement to an additional bedroom for an overnight carer

SM v Secretary of State for Work and Pensions (UHC)
[2023] UKUT 176 (AAC)
UA-2022-000261-UHC

16 August, 2023

British claimant who was unable to return to the UK for medical reasons could not be exempted from the PIP past presence test

AT v Secretary of State for Work and Pensions (PIP)
[2023] UKUT 186 (AAC)
UA-2022-001498-PIP

8 August, 2023

Third country family members can acquire residence rights following dissolution of marriage between third country national and EEA citizen despite omission from EEA Regulations

AT v LB Hillingdon and Secretary of State for Work and Pensions (HB)
[2023] UKUT 149 (AAC)
UA-2020-000117-HB

7 August, 2023

Universal credit is not payable for a third child conceived in a stable relationship even where the two older siblings were conceived in an abusive relationship

AT v Secretary of State for Work and Pensions (UC)
[2023] UKUT 148 (AAC)
UA-2022-000858-UOTH

9 June, 2023

Tribunal’s failure to distinguish between evidence of learning difficulties and learning disability amounted to error of law

PW by his appointee v Secretary of State for Work and Pensions
[2023] UKUT 121 (AAC)
UA-2023-000041-PIP

23 May, 2023

Claimant can rely on social assistance benefits paid to a partner in order to demonstrate self-sufficiency where their presence did not increase entitlement

Secretary of State for Work and Pensions v W V (UC)
[2023] UKUT 112 (AAC)
UA-2021-001684-USTA

19 May, 2023

Human rights remedy not available to 71 year old claimant whose PIP mobility component award was not increased to the enhanced rate following terminal illness diagnosis

GH (deceased) (by his wife as his appointee/attorney) v Secretary of State for Work and Pensions (PIP)
[2023] UKUT 104 (AAC)
UA-2022-SCO000053-PIP

15 May, 2023

Information on RTI data feed must be accessed and analysed by a human being in order for it to be ‘known’ to the Secretary of State

WS v Secretary of State for Work and Pensions
[2023] UKUT 81 (AAC)
UA-2022-000292-000293-ESA

5 May, 2023

Universal credit earned income assessment rules are not irrational or unlawful in the case of a claimant who is paid on a fortnightly basis

Secretary of State for Work and Pensions v LM
[2023] UKUT 72 (AAC)
UA-2021-000044-UOTH