Welfare rights case law

24 July, 2020

High Court rules that mandatory reconsideration requirement as it applies to ESA claimants who meet the conditions for payment while appeal pending is unlawful

[2020] EWHC 1999 (Admin)

23 July, 2020

High Court rules that requirement to repay a ‘Loan for Mortgage Interest’ immediately on the sale of a property is not incompatible with Article 14 of the ECHR

[2020] EWHC 1976 (Admin)

20 July, 2020

High Court rules that universal credit benefit cap earnings assessment is irrational and unlawful in case of a four-weekly paid claimant

[2020] EWHC 1944 (Admin)

15 July, 2020

Relationship between ‘change of circumstances’ and ‘new medical evidence’ supersessions of a claim where limitation on movement between PIP mobility components after pensionable age may apply

CPIP/1859/2019
[2020] UKUT 185 (AAC)

15 July, 2020

Secretary of State should, where relevant, provide claimant’s ESA adjudication history and action plan in appeal response to First-tier Tribunal

CE/2506/2018
[2020] UKUT 148 (AAC)

14 July, 2020

Unfair to proceed with tribunal hearing where putative appointee was not permitted to participate fully / application for leave to appeal should be put before a judge

CPIP/2336/2019
[2020] UKUT 109 (AAC)

14 July, 2020

Tribunals can only set aside decision under rule 37 of Procedure Rules on the written application of a party / application for statement of reasons or record of proceedings cannot be treated as an application for set aside

CPIP/2140/2019
[2020] UKUT 172 (AAC)

14 July, 2020

Interaction of activity 9 - engaging with other people face to face - and regulation 4(2A) - ability to carry out an activity reliably

CPIP/1781/2019
[2020] UKUT 186 (AAC)

13 July, 2020

Tribunal's decision awarding PIP can be superseded by Secretary of State on grounds of new medical evidence under regulation 26 / nature of supersession under regulation 26 and relationship with PIP regulation 11

CPIP/2110/2019
[2020] UKUT 178 (AAC)

8 July, 2020

High Court holds that special rules for terminal illness, in case where claimant cannot demonstrate their death can be reasonably expected within six months, are ‘discriminatory' and 'manifestly without reasonable foundation'

[2020] NIQB

3 July, 2020

Payment of non-static houseboat licence fee is an eligible cost for housing benefit purposes as it falls within regulation 12(1)(b) of the Housing Benefit Regulations 2006

CH/3284/2017
[2020] UKUT 158 (AAC)

1 July, 2020

Court of Appeal rules that UK was not competent Member State in case where claim for carer’s allowance was made by claimant who had moved to Cyprus having lived and worked in UK

[2020] EWCA Civ 809

26 June, 2020

Restricting tribunal’s consideration to ‘circumstances obtaining at time of decision under appeal’ does not limit consideration to evidence that was before the first instance decision maker

CH/1766/2019
[2020] UKUT 80 (AAC)

25 June, 2020

Whether First-tier Tribunal’s enforcement reference to Upper Tribunal, relating to Secretary of State’s failure to comply with direction to provide summary of ESA adjudication history, was valid

ENF/1494/2019
[2020] UKUT 79 (AAC)

24 June, 2020

Claimant whose inability to use public transport arose entirely from physical health problems was not entitled to points under mobility descriptor 1(d)

CPIP/303/2019
[2020] UKUT 135 (AAC)

22 June, 2020

Court of Appeal rules that Work and Pensions Secretary acted irrationally and unlawfully by failing to adapt earned income assessment rules to account for impact on certain universal credit claimants

[2020] EWCA Civ 778

22 June, 2020

Meaning of ‘spouse’ under widowed parent’s allowance rules / whether possible to reinterpret under HRA to include partner married in ceremony that is not compliant with English marriage law

CG/1781/2017
[2020] UKUT 165 (AAC)

16 June, 2020 Open access

High Court rules that government decisions on Coronavirus Job Retention Scheme and changes to statutory sick pay were not unlawful in relation to ‘limb b workers’

[2020] EWHC 1554 (Admin)

15 June, 2020

High Court rules that exclusion of mixed-age couples from pension credit is not discriminatory or in breach of the public sector equality duty

[2020] EWHC 1495 (Admin)

Welfare rights

[2020] EWHC 1999 (Admin)

CPIP/2140/2019 [2020] UKUT 172 (AAC)

CPIP/2140/2019
[2020] UKUT 172 (AAC)