Welfare rights case law

29 July, 2021

Tribunal found to have breached procedural rules in relation to panel composition, appearance of bias, and limiting claimant’s rights to withdraw appeal

CPIP/548/2020
[2021] UKUT 172 (AAC)

28 July, 2021

82-year-old claimant who was ‘drowned in paperwork’ could not reasonably have been expected to realise that local authority error in treatment of Teachers’ Pension meant he was being overpaid

CH/2492/2019
[2020] UKUT 270 (AAC)

27 July, 2021

When a claimant’s experienced representative does not address an issue raised by an appeal, the First-tier Tribunal is still under a duty to consider it

CSE/197/2020
2021 [UKUT] 155 (AAC)

27 July, 2021

Enhancement to state pension accrued through living and working in New Zealand is not payable where claimant is not resident in the UK or EEA or Switzerland

CP/839/2020
[2021] UKUT 141 (AAC)

26 July, 2021

Tribunal must apply its mind to whether it is in the interests of justice to proceed with paper determination of an appeal when there is ambiguity in claimant’s election for a paper hearing

CI/502/2020
[2021] UKUT 148 (AAC)

23 July, 2021

Whether tribunal is always obliged to put perceived inconsistencies in evidence to claimant / whether tribunal is always obliged to make specific findings on regulation 4(2A) criteria

CPIP/1495/2020
[2021] UKUT 140 (AAC)

22 July, 2021

Claimant who fraudulently obtained refugee status was not entitled to tax credits or housing benefit she obtained relying upon that status

CH/1905/2017
[2020] UKUT 379 (AAC)

20 July, 2021

Extent of tribunal’s obligation to take into account Secretary of State’s changed view after making pre-hearing PIP ‘offer’, when decision under appeal remains the unrevised decision

CPIP/506/2020
[2021] UKUT 161 (AAC)

20 July, 2021

Tribunal erred in failing to ensure it had before it an accurate list of work-related activities that were available for the claimant to undertake / training of universal credit staff on providing lists to tribunals not completed until July 2020

CUC/1386/2020
[2021] UKUT 132 (AAC)

15 July, 2021

CJEU rules that, while legislation excluding EU citizens with pre-settled status from universal credit is not contrary to EU law, competent authority must check that refusal of assistance does not infringe individual's right to human dignity

Case C-709/20

9 July, 2021

Supreme Court unanimously rules that two-child limit is not incompatible with rights under Articles 8, 12 or 14 of the European Convention on Human Rights

[2021] UKSC 26

5 July, 2021

High Court rules that provision for refugees to make a backdated child tax credit claim from the date they sought asylum continues to apply where that date was before introduction of full service universal credit

[2021] EWHC 1845 (Admin)

29 June, 2021

Court of Appeal refuses permission to appeal against High Court decision that treatment of maternity allowance as unearned income for the purposes of universal credit is not unlawful

[2021] EWCA Civ 970

23 June, 2021

Tribunal failed to consider safeguards against retrospective supersession decision when deciding DLA overpayment recovery appeal

CDLA/812/2020
[2021] UKUT 119 (AAC)

23 June, 2021

First-tier Tribunal bound by decisions of the Upper Tribunal and, in particular, IM v SSWP

CE/1632/2020
[2021] UKUT 131 (AAC)

18 June, 2021

Tribunal correct to take two lots of four-weekly paid wages into account in one universal credit assessment period / Johnson and Pantellerisco did not apply

CSUC/280/2020
[2021] UKUT 121 (AAC)

16 June, 2021

Court of Session rules that provision for refugees to make a backdated claim for tax credits from the date they sought asylum to 31 January 2019 continues to apply

[2021] CSOH 63

14 June, 2021

Shortcomings in DWP’s decision-making, investigation and record-keeping in overpayment case amount to errors of law / legal mechanism for reviving old-style ESA after contributory ESA exhausted

CE/1941/2018
[2021] UKUT 112 (AAC)

19 May, 2021

Whether tribunal erred in law by relying on evidence that it did not disclose to claimant / substantial risk under regulation 35 and requirement to consider risk to others

CE/685/2020
[2021] UKUT 90 (AAC)

Welfare rights

CPIP/548/2020 [2021] UKUT 172 (AAC)

CH/1905/2017 [2020] UKUT 379 (AAC)

CPIP/548/2020
[2021] UKUT 172 (AAC)

CH/1905/2017
[2020] UKUT 379 (AAC)