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Welfare rights

2 December, 2024

Court of Appeal holds that claimant could rely on social assistance benefits paid to his partner in order to demonstrate self-sufficiency where his presence did not increase entitlement

Secretary of State for Work and Pensions v Versnick and Another
[2024] EWCA Civ 1454

28 November, 2024

Tribunal erred in failing to account for required period in determining effective date of PIP supersession

Department for Communities v DM (PIP)
[2024] NICom 58
C2/24-25(PIP)

27 November, 2024

High Court finds decision to refuse to lift NRPF condition was irrational and failed to consider child's best interests, and that the Home Office's decision-making system is not adequate to safeguard against inhuman and degrading treatment 

SAG & Ors v Secretary of State for the Home Department
[2024] EWHC 2984 (Admin)

18 November, 2024

Tribunal erred in law in failing to consider the impact of pain on the appellant’s ability to walk for ‘moving around’ activity

LB v SSWP
[2024] UKUT 338 (AAC)
UA-2024-000699-PIP

18 November, 2024

Use of ACE procedure to evacuate the bowels amounts to managing incontinence / Use of word ‘including’ means procedure is not precluded under descriptor 5e

EK v Department for Communities (PIP)
[2024] NICom 52
C18/24-25(PIP)

18 November, 2024

Claimant satisfied DLA ‘severe mental impairment’ mobility criteria on basis of evidence a tribunal had only accepted as satisfying ‘severe behavioural problems’ criteria

DA v Department for Communities (DLA)
[2024] NICom44
C001/23-24(DLA)

15 November, 2024

Upper Tribunal sets out correct approach for determining whether a universal credit claim should be disallowed due to failure to prove identity

PHC v SSWP (UC)
UKUT 340 (AAC)
UA-2023-000802-USTA

15 November, 2024

Tribunal erred in adopting HCP’s flawed findings and in applying wrong test as to whether descriptors were satisfied on over 50 per cent of relevant days

QWH v Secretary of State for Work and Pensions
[2024] UKUT 339 (AAC)
UA-2024-000689-PIP

13 November, 2024

Guidance on what evidential findings are required when considering conditions for deciding effective date of a disadvantageous supersession decision

SS v Secretary of State for Work & Pensions (DLA)
[2024] UKUT 327 (AAC)
UA-2023-000032 DLA

13 November, 2024

Upper Tribunal for Scotland sets out the principles which guide the grant or refusal of permission to appeal against decisions of the First-tier Tribunal in social security cases

KW v Social Security Scotland
[2024] UT 65
UTS/AS/24/0059

8 November, 2024

Power to set aside in rule 37 of the Tribunal Rules may only be used in relation to a decision that has disposed of proceedings | Rule 5 does not give the FtT the power to set aside an earlier FtT decision

JG v Secretary of State for Work & Pensions
[2024] UKUT 329 (AAC)
UA-2024-001089-USTA

8 November, 2024

Tribunal failed to make sufficient findings of fact in relation to its conclusion that claimant could change stoma bag while sitting down

SH v Department for Communities (PIP)
[2024] NICom 46
C14/24-25(PIP)

8 November, 2024

Record of proceedings of less than 50 words was insufficient to indicate the evidence given to a tribunal during an appeal hearing and amounted to an error of law

ST v Department for Communities (PIP)
[2024] NICom 45
C13/24-25(PIP)

7 November, 2024

Need for there to be a causal relationship between the circumstances on which a request for universal credit backdating is based and subsequent delay in making the claim, and for the delay to have been reasonable

CK v Secretary of State for Work & Pensions
[2024] UKUT 331 (AAC)
UA-2024-000269-USTA

7 November, 2024

Evidence that capital exceeded means-tested benefits threshold at one point during claim period does not, in itself, allow Department to supersede for duration of award

GR v Department for Communities (ESA)
[2024] NICom 40
C3/23-24(ESA)

5 November, 2024

When considering ADP mobility descriptor 1(d), the same interpretation should be given as under the 2013 PIP Regulations and MH v SSWP

SSS v AH, SSS v AS, SSS v SS, SSS v GA
[2024] UT 63
UTS/AS/23/0970, UTS/AS/24/0022, UTS/AS/24/0025, UTS/AS/24/0030

29 October, 2024

Tribunal erred in law by procedural unfairness because a panel member ‘lost concentration’

LA v Department for Communities (PIP)
[2024] NICom 42
C12/24-25 (PIP)

24 October, 2024

PIP award resulting from overturned refusal should have commenced from date of DLA expiry

SR v Secretary of State for Work and Pensions (PIP) [2024] UKUT 308 (AAC)
UA-2024-000529-PIP

17 October, 2024

Tribunal must make findings with regard to ability being causally linked to medical condition, and specify whether an ADP award is for a fixed or indefinite period

Social Security Scotland v BM
[2024] UT 58
UTS/AS/24/0058

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