Welfare rights case law

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20 April, 2018

High Court rules that the two child limit is compatible with the ECHR, but allows claim in relation to the lawfulness of the kinship care exception

[2018] EWHC 864 (Admin)

17 April, 2018

Assistance to set up and remove a feeding line can amount to assistance with managing a therapeutic source to take nutrition

CPIP/3024/2017
[2018] UKUT 102 (AAC)

16 April, 2018

CH/1625/2016
[2018] UKUT 75 (AAC)

10 April, 2018

Contradictions between a tribunal's decision notice and statement of reasons are likely to amount to an error of law

CE/2442/2017
[2018] UKUT 80 (AAC)

10 April, 2018

Whether a tribunal must reconsider discretionary decisions that refuse to extend the date on which a late DLA claim is treated as made

C68/17-18(DLA)
[2017] NICom 75

9 April, 2018

What relevance a previous award of high rate mobility component DLA has for the 'moving around' descriptors under PIP

CPIP/2748/2017
[2018] UKUT 76 (AAC)

4 April, 2018

Relevance of ESA case law on social engagement to PIP activity 9 / engaging socially does not require an ability to establish and develop friendships

CPIP/2346/2016
[2016] UKUT 573 (AAC)

27 March, 2018

Determining beneficial ownership of capital derived from informal family arrangements / credibility and taking account of cultural context

CIS/798/2017
[2018] UKUT 63 (AAC)

26 March, 2018

A reasonable need to use incontinence pads at night, whether used as a precautionary measure or not used at all, may be enough to satisfy descriptor 5b

CPIP/3104/2017
[2018] UKUT 78 (AAC)

22 March, 2018

Engaging with others requires an ability to engage with adults as well as children and young people / ability to communicate by text is not relevant to PIP activity 9

CPIP/2034/2017
[2018] UKUT 56 (AAC)

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Welfare rights case law

High Court rules that the two child limit is compatible with the ECHR, but allows claim in relation to the lawfulness of the kinship care exception

[2018] EWHC 864 (Admin)

Assistance to set up and remove a feeding line can amount to assistance with managing a therapeutic source to take nutrition

First-tier Tribunal does not have jurisdiction where there has been no valid appeal

Reading and understanding written information when BSL is the claimant's primary means of communication

Tribunal put on notice to seek ESA claim history by evidence that a longstanding health condition had not changed

A tribunal's reasons must respond to the claimant’s arguments when they do not coincide with individual PIP activities

A non-dependant cannot 'normally reside with' a housing benefit claimant if their normal home is elsewhere

CH/1625/2016
[2018] UKUT 75 (AAC)

Contradictions between a tribunal's decision notice and statement of reasons are likely to amount to an error of law

Whether a tribunal must reconsider discretionary decisions that refuse to extend the date on which a late DLA claim is treated as made

What relevance a previous award of high rate mobility component DLA has for the 'moving around' descriptors under PIP

Relevance of ESA case law on social engagement to PIP activity 9 / engaging socially does not require an ability to establish and develop friendships

Determining beneficial ownership of capital derived from informal family arrangements / credibility and taking account of cultural context

A reasonable need to use incontinence pads at night, whether used as a precautionary measure or not used at all, may be enough to satisfy descriptor 5b

Whether a polygamous marriage is valid for the purposes of bereavement benefit

Court of Appeal rules that tribunals do not have the power to disapply or ignore bedroom tax regulations

Adequacy of personal independence payment appeal responses that do not refer to a full list of descriptors

Court of Appeal rules that the benefit cap does not unlawfully discriminate against lone parents with children under two

Evidence required to accompany an application for a national insurance number in order for child benefit to be paid

Engaging with others requires an ability to engage with adults as well as children and young people / ability to communicate by text is not relevant to PIP activity 9

Welfare rights case law

[2018] EWHC 864 (Admin)

CH/1625/2016 [2018] UKUT 75 (AAC)

CH/1625/2016
[2018] UKUT 75 (AAC)