× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Other benefit issues  →  Thread

Xmas benefits law bonanza

Elliot Kent
forum member

Shelter

Send message

Total Posts: 3117

Joined: 14 July 2014

A pretty crazy week in benefits law. To re-cap (primarily for my own benefit, but hopefully useful if you’ve been on leave etc.):

1. R(RF) v SSWP [2017] EWHC 3375 (Admin)
http://www.bailii.org/ew/cases/EWHC/Admin/2017/3375.html
https://www.rightsnet.org.uk/welfare-rights/caselaw/item/high-court-rules-that-amendments-to-pip-mobility-activity-1-are-unlawful
https://www.rightsnet.org.uk/forums/viewthread/12053/

High Court declares that the changes to PIP mobility activity 1 were ultra vires and invalid due to discrimination and a failure to consult.

A reminder of just how powerful a remedy judicial review can be in these sorts of matters and just how activist the Courts are prepared to be on matters of benefits policy.

2. Nuneaton and Bedworth BC v RH & SSWP [2017] UKUT 471 (AAC)
https://www.gov.uk/administrative-appeals-tribunal-decisions/nuneaton-and-bedworth-borough-council-v-rh-and-secretary-of-state-for-work-and-pensions-2017-ukut-471-aac
https://www.rightsnet.org.uk/welfare-rights/caselaw/item/claimants-are-entitled-to-a-bedroom-under-regulation-b13-with-reference-to
https://www.rightsnet.org.uk/forums/viewthread/12214/
https://www.rightsnet.org.uk/forums/viewthread/12228/

3JP rules that the “connection argument” in bedroom tax appeals can work despite seemingly being rejected in Nelson and IB.

Obiter the Tribunal also suggests that an FtT/UT in England is not bound by the Court of Session and an FtT/UT in Scotland is not bound by the Court of Appeal (c.f. Tehrani v SSHD [2006] UKHL 47).

3. Gusa v Minister for Social Protection (Case C-442/16)
http://curia.europa.eu/juris/documents.jsf?num=C-442/16
https://curia.europa.eu/jcms/upload/docs/application/pdf/2017-12/cp170144en.pdf
https://www.rightsnet.org.uk/forums/viewthread/12222/

ECJ rules that self-employed people of one year’s standing can retain their status on the grounds on involuntary unemployment and work-seeking.

A reminder that you will never fully master EU law until you can read the legislation in each of the 24 official languages and distill the true meaning.

4. ET v SSWP (PIP) [2017] UKUT 478 (AAC)
https://www.gov.uk/administrative-appeals-tribunal-decisions/et-v-secretary-of-state-for-work-and-pensions-pip-2017-ukut-478-aac
https://www.rightsnet.org.uk/forums/viewthread/12239/

A very clear re-statement of the law on Tribunal’s removing an un-appealed PIP component.

A Tribunal must identify whether the issue is raised by the case (in which case it must consider it), or whether it is not raised (in which case it may consider it) by reference to the evidence. It must then exercise it’s discretion (if it has any) judicially. Despite giving a clear warning to the appellant, the Tribunal erred for not giving any reasoning on either issue.

5. HB Bulletin U4/2017
https://www.gov.uk/government/publications/hb-bulletin-u42017-closure-of-the-gateway-to-new-universal-credit-live-service-claims
https://www.rightsnet.org.uk/welfare-rights/news/item/urgent-bulletin-issued-to-local-authorities-on-closure-of-universal-credit

Guidance for councils on implementing the rather hasty closure of “live service” UC to new claims, which will clearly go ahead without a hitch.

There do not appear to be any Regulations yet, with 4 working days to go…

Merry Christmas all.

Daphne
Administrator

rightsnet writer / editor

Send message

Total Posts: 3537

Joined: 14 March 2014

Elliot Kent - 22 December 2017 02:15 AM

5. HB Bulletin U4/2017
https://www.gov.uk/government/publications/hb-bulletin-u42017-closure-of-the-gateway-to-new-universal-credit-live-service-claims
https://www.rightsnet.org.uk/welfare-rights/news/item/urgent-bulletin-issued-to-local-authorities-on-closure-of-universal-credit

Guidance for councils on implementing the rather hasty closure of “live service” UC to new claims, which will clearly go ahead without a hitch.

There do not appear to be any Regulations yet, with 4 working days to go…

Merry Christmas all.

Great summary Elliot - thank you - on the live service closing they are doing it under reg 4 of the UC(transitional provisions) regs 2014 - see https://www.rightsnet.org.uk/welfare-rights/news/item/government-confirms-that-new-claims-to-universal-credit-live-service-will-n