Welfare rights case law

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13 September, 2018

Claimant who had not completed period of 12 months under Worker Registration Scheme did not retain worker status for purposes of ESA claim

C‑618/16

7 September, 2018

Right to reside, genuine prospect of work test, and participation in a government employment scheme

CSJSA/492/2017
[2018] UKUT 285 (AAC)

6 September, 2018

Retained worker status will not be lost merely because JSA is disallowed on the grounds of ‘not actively seeking work’

CE/1320/2017
[2018] UKUT 268 (AAC)

5 September, 2018

DWP in breach of duty to provide tribunal with adjudication history of ESA award / appeal to Upper Tribunal succeeded despite lack of statement of reasons

CE/416/2018
[2018] UKUT 265 (AAC)

5 September, 2018

Failure by a First-tier tribunal to exercise its enabling and inquisitorial jurisdiction amounts to an error of law

CUC/1974/2017
[2018] UKUT 260 (AAC)

5 September, 2018

Backdating of income-related ESA where not awarded on conversion from incapacity benefit

CSE/33/2017
[2018] UKUT 267 (AAC)

4 September, 2018

High Court decision to quash amendments to mobility activity 1 descriptors had retrospective effect so that amendments were never valid

CPIP/1292/2018
[2018] UKUT 262 (AAC)

31 August, 2018

Zambrano carers and reliance on Euro-Mediterranean Agreement with Morocco to establish entitlement to child benefit and child tax credit

CTC/16/2018
[2018] UKUT 237 (AAC)

24 August, 2018

Assistance with listening exercises can amount to ‘therapy’ / activity 7 and the Secretary of State’s lip-reading concession

CPIP/1988/2017
[2018] UKUT 193 (AAC)

17 August, 2018

High Court rules that cap on support under Access to Work scheme is not unlawful

[2018] EWHC 2196 (Admin)

13 August, 2018

Secretary of State concedes that failure to assess for income-related ESA on conversion from incapacity benefit was official error

JR/1249/2018
[2018] UKUT 270 (AAC)

8 August, 2018

A claimant who fails to attend an interview because they are unaware of a notification letter must have good reason for not attending

CUC/1067/2018
[2018] UKUT 227 (AAC)

7 August, 2018

Rule 24 requirement for decision makers to provide the First-tier Tribunal with ‘relevant’ documents

CF/3107/2016
[2018] UKUT 226 (AAC)

7 August, 2018

Evidence used to value a share in jointly owned property must be read 'fairly as a whole' when assessing its reliability

CH/190/2018
[2018] UKUT 225 (AAC)

3 August, 2018

Evidence requirements to prove a private conversation took place between a presenting officer and judge / none disclosue of facts on a new claim and onus of proof

CH/251/2017
[2018] UKUT 221 (AAC)

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Welfare rights case law

Claimant who had not completed period of 12 months under Worker Registration Scheme did not retain worker status for purposes of ESA claim

C‑618/16

Right to reside, genuine prospect of work test, and participation in a government employment scheme

Retained worker status will not be lost merely because JSA is disallowed on the grounds of ‘not actively seeking work’

DWP in breach of duty to provide tribunal with adjudication history of ESA award / appeal to Upper Tribunal succeeded despite lack of statement of reasons

Failure by a First-tier tribunal to exercise its enabling and inquisitorial jurisdiction amounts to an error of law

Backdating of income-related ESA where not awarded on conversion from incapacity benefit

High Court decision to quash amendments to mobility activity 1 descriptors had retrospective effect so that amendments were never valid

CPIP/1292/2018
[2018] UKUT 262 (AAC)

Challenging HMRC discretionary determinations whether to accept an oral claim for tax credits

Supreme Court rules that refusal of widowed parent's allowance to unmarried partner is incompatible with ECHR

Assessing risk of harm to a claimant with hearing loss while washing and bathing

Tribunal should not have adopted HMRC 'workaround' by awarding tax credits for one day where there was no entitlement

Zambrano carers and reliance on Euro-Mediterranean Agreement with Morocco to establish entitlement to child benefit and child tax credit

Assistance with listening exercises can amount to ‘therapy’ / activity 7 and the Secretary of State’s lip-reading concession

High Court rules that cap on support under Access to Work scheme is not unlawful

Secretary of State concedes that failure to assess for income-related ESA on conversion from incapacity benefit was official error

A claimant who fails to attend an interview because they are unaware of a notification letter must have good reason for not attending

Rule 24 requirement for decision makers to provide the First-tier Tribunal with ‘relevant’ documents

Evidence used to value a share in jointly owned property must be read 'fairly as a whole' when assessing its reliability

Evidence requirements to prove a private conversation took place between a presenting officer and judge / none disclosue of facts on a new claim and onus of proof

Welfare rights case law

C‑618/16

CPIP/1292/2018 [2018] UKUT 262 (AAC)

CPIP/1292/2018
[2018] UKUT 262 (AAC)