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Welfare rights
(Upper Tribunal)

30 March, 2023

Over-eating can fall within the scope of PIP activity 2: ‘Taking nutrition’

SO v Secretary of State for Work and Pensions (PIP)
[2023] UKUT 56 (AAC)
UA-2021-001660-PIP

30 March, 2023

Tribunal consulting with District Judge ‘to ensure correct decision was made’ was a breach of natural justice

GT v Secretary of State for Work and Pensions (PIP)
[2023] UKUT 58 (AAC)
UA-2022-001411-PIP

23 March, 2023

Claimant not entitled to assume DWP knew daughter was living with him because she was claiming ESA from same address

MW v Secretary of State and Work and Pensions (ESA)
[2023] UKUT 50 (AAC)
UA-2021-001803-ESA & UA-2021-000859-ESA

20 March, 2023

Legal effect of Court of Appeal’s declaration in Johnson that universal credit earnings assessment rules were irrational and unlawful can apply to periods before the Court’s decision

JN v Secretary of State for Work and Pensions (UC)
[2023] UKUT 49 (AAC)
UA-2022-SCO-000030-UC
Reported as [2023] AACR 7

17 March, 2023

Universal credit child element is not a social security family benefit for the purposes of Regulation (EC) 883/2004

Secretary of State for Work and Pensions v MS (UC)
[2023] UKUT 44 (AAC)
UA-2021-001957-UCH

21 February, 2023

Tax refund received through PAYE counts as earned income for universal credit / claimant is ‘in paid work’ where contract of employment continues through unpaid sick leave

(1) SK (2) DK v Secretary of State for Work and Pensions
[2023] UKUT 21 (AAC)
UA-2021-000228-UOTH
Reported as [2023] AACR 5

1 February, 2023

Excluding surviving partner of cohabiting couple without children from bereavement payment and bereavement allowance is not discriminatory

HM v Secretary of State for Work and Pensions (BB); MK v Secretary of State for Work and Pensions (BB)
[2023] UKUT 15 (AAC)
UA-2019-000638-BB & UA-2020-001686-BB

1 February, 2023

Tribunal hearing appeal against HMRC decision to end tax credits following universal credit claim is limited to determining whether SSWP is in fact satisfied that claimant meets basic conditions of entitlement to universal credit

His Majesty's Revenue and Customs v Secretary of State for Work and Pensions and GS (TC)
[2023] UKUT 9 (AAC)
UA-2021-001437-TC and UA-2021-001302-TC

30 January, 2023

Medical tribunal member using a ‘brisk and business-like’ approach was in keeping with Social Entitlement Chamber’s inquisitorial ethos

GJ v Secretary of State for Work and Pensions (PIP)
[2022] UKUT 349 (AAC)
UA-2021-001936-PIP

18 January, 2023

Tribunal hearing appeal against HMRC decision to terminate tax credits following claim for universal credit did not have jurisdiction to consider whether DWP was entitled to be satisfied that basic universal credit conditions were met

His Majesty's Revenue & Customs v The Secretary of State for Work and Pensions and SA (TC)
[2022] UKUT 350 (AAC)
UA-2020-000563-TC
Reported as [2023] AACR 4

10 January, 2023

When considering a backdating request for universal credit, tribunal should consider whether original claim included an ‘implied claim’ for a past period

WB v Secretary of State for Work and Pensions (UC)
[2022] UKUT 332 (AAC)
UA-2022-000123-USTA

19 December, 2022

Where Upper Tribunal has accepted appeal on one ground, it need not address other grounds

FW v Secretary of State for Work and Pensions (PIP)
2022 UKUT 304 (AAC)
UA-2021-000810-PIP