Welfare rights case law

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23 June, 2017

Breach of natural justice where tribunal proceeds in claimant’s absence without consulting evidence that corroborates reasons for absence

CPIP/134/2017
[2017] UKUT 224 (AAC)

22 June, 2017

High Court rules that application of benefit cap to lone parents with children under two is unlawful

[2017] EWHC 1446

22 June, 2017

Court of Appeal rules that former self-employed carer of a child in education does not have a derived right to reside in the UK

[2017] EWCA 794

12 June, 2017

15 month absence abroad may be accepted as temporary so that it does not interrupt habitual residence for JSA

CJSA/2755/2015
[2017] UKUT 222 (AAC)

6 June, 2017

Where a claimant satisfies a descriptor because they 'cannot' do something, then the ability to carry it out reliably does not apply

CPIP/3656/2016
[2017] UKUT 217 (AAC)

5 June, 2017

Tribunal has discretion to consider evidence submitted after a hearing but prior to issue of written decision notice

CI/3837/2016
[2017] UKUT 216 (AAC)

1 June, 2017

Factors to be taken into account when establishing whether a room is a bedroom for the purposes of the bedroom tax

[2017] CSIH 35

26 May, 2017

Article 68 of regulation 883/2004 - priority rules in the event of overlapping - only applies where there is actual overlapping of benefit

CF/2762/2016
[2017] UKUT 193 (AAC)

25 May, 2017

Limits of tribunal’s inquisitorial role when assessing prescribed medication / mobility activity 2 and requirement to consider reasonable wishes of claimant to move around

CPIP/3622/2016
[2017] UKUT 154 (AAC)

3 May, 2017

Choosing clean clothes and dressing to an acceptable standard / impulsive spending may satisfy descriptor for making complex budgeting decisions

CPIP/3730/2016
[2017] UKUT 156 (AAC)

3 May, 2017

Self-employment as a Big Issue seller may not be genuine and effective self-employment for the purposes of establishing a right to reside

CSF/251/2016
[2017] UKUT 155 (AAC)

2 May, 2017

Plastic cutlery is not an ‘aid’ or ‘device’ for the purposes of taking nutrition in activity 2

CSPIP/543/2016
[2017] UKUT 160 (AAC)

28 April, 2017

Powers of tribunals to disapply or ignore bedroom tax regulations that breach human rights

CH/3609/2014
[2017] UKUT 174 (AAC)

27 April, 2017

Housing benefit and payments in consequence of use and occupation / treating a person as liable to make payments when liable person is not entitled to benefit

CH/213/2016
[2017] UKUT 151 (AAC)

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Welfare rights case law

Breach of natural justice where tribunal proceeds in claimant’s absence without consulting evidence that corroborates reasons for absence

CPIP/134/2017
[2017] UKUT 224 (AAC)

High Court rules that application of benefit cap to lone parents with children under two is unlawful

Court of Appeal rules that former self-employed carer of a child in education does not have a derived right to reside in the UK

15 month absence abroad may be accepted as temporary so that it does not interrupt habitual residence for JSA

Where a claimant satisfies a descriptor because they 'cannot' do something, then the ability to carry it out reliably does not apply

Tribunal has discretion to consider evidence submitted after a hearing but prior to issue of written decision notice

Factors to be taken into account when establishing whether a room is a bedroom for the purposes of the bedroom tax

[2017] CSIH 35

Article 68 of regulation 883/2004 - priority rules in the event of overlapping - only applies where there is actual overlapping of benefit

Failure to comply with Worker Registration Scheme may not prevent acquisition of a right of permanent residence

Destruction of evidence supporting original decision can lead to a failure to establish grounds to supersede or revise

Whether a benefit has been voluntarily relinquished or an award effectively terminated

Extra time choosing clothes on the basis of appearance can be relevant to the test for daily living activity 6

Failure of a local authority to consider a long term award of discretionary housing payment

Limits of tribunal’s inquisitorial role when assessing prescribed medication / mobility activity 2 and requirement to consider reasonable wishes of claimant to move around

Choosing clean clothes and dressing to an acceptable standard / impulsive spending may satisfy descriptor for making complex budgeting decisions

Self-employment as a Big Issue seller may not be genuine and effective self-employment for the purposes of establishing a right to reside

Plastic cutlery is not an ‘aid’ or ‘device’ for the purposes of taking nutrition in activity 2

Powers of tribunals to disapply or ignore bedroom tax regulations that breach human rights

Housing benefit and payments in consequence of use and occupation / treating a person as liable to make payments when liable person is not entitled to benefit

Welfare rights case law

CPIP/134/2017 [2017] UKUT 224 (AAC)

[2017] CSIH 35

CPIP/134/2017
[2017] UKUT 224 (AAC)