Welfare rights case law

19 October, 2021

Meaning of ‘out of’ and ‘in the course of’ employment for the purposes of assessing whether an accident is an industrial accident

CI/68/2021
[2021] UKUT 240 (AAC)

14 October, 2021

Application of personal independence payment activities and descriptors to a claimant who is a ‘functioning alcoholic’

CPIP/2229/2019
[2021] UKUT 226 (AAC)

14 October, 2021 Open access

Tribunal drew unfair inference that claimant had opted for paper hearing to avoid questioning when, in fact, obvious inference was that he was shielding during first Covid-19 lockdown

CH/550/2021
[2021] UKUT 219 (AAC)

13 October, 2021

Court of Appeal holds that ‘Proof of Payment Rule’ requiring universal credit claimants to pay for childcare upfront is not unlawful

[2021] EWCA Civ 1482

12 October, 2021

For the purposes of a funeral expenses payment, a funeral is an event involving final disposal of the deceased’s body and ceremonies closely related to that in nature, time, and place

CSIS/256/2020
[2021] UKUT 243 (AAC)

12 October, 2021

Lump sum advance payments of earnings cannot be disaggregated and notionally attributed to other weeks beyond the period in which they were actually paid in order to meet the first contribution condition for new-style JSA

CJSA/458/2021
[2021] UKUT 227 (AAC)

11 October, 2021

Court of Appeal rules that universal credit benefit cap earnings assessment is not irrational and unlawful in the case of a four-weekly paid claimant

[2021] EWCA Civ 1454

4 October, 2021

Tribunals hearing PIP appeals must be cautious not to infer from a claimant’s ability to engage with others in a very specific context that they would be able to carry out that task in other contexts

CPIP/1627/2020
[2021] UKUT 216 (AAC)

13 September, 2021

Fostering allowances paid to carers approved by independent agencies, in common with allowances paid to carers approved by local authorities, are not to be counted as part of their earnings

CH/1793/2019
[2021] UKUT 208 (AAC)

10 September, 2021

Court of Appeal rules that bereavement benefits cannot be paid under the law as it currently stands to surviving partner of religious polygamous marriage not recognised in England and Wales

[2021] EWCA Civ 1353

10 September, 2021

Onset of prescribed disease A15 - Dupuytren’s contracture - occurs at contracture stage rather than when claimant first experiences symptoms of disease

CI/235/2021
[2021] UKUT 191 (AAC)

7 September, 2021

Claimant found not to have created rent liability to take advantage of housing benefit scheme where entitlement was the same as it was before the liability was created

CH/1720/2020
[2021] UKUT 193 (AAC)

6 September, 2021

Where a tax credit claim has not been made on the correct form, there is a right of appeal against whether the claimant provided relevant information, but not against whether it may be treated as a claim

CTC/903/2020
[2021] UKUT 195 (AAC)

31 August, 2021

Tribunal erred in law in not treating evidence supplied by claimant after appeal hearing as application to set aside

CI/365/2020
[2021] UKUT 189 (AAC)

24 August, 2021

Tribunals should consider postponing decisions on ‘cohabiting partner’ bereavement benefit appeals until remedial order or other legislation removes human rights incompatibility in the law as it stands

CG/1616/2019 (interim decision)
[2021] UKUT 194 (AAC)

23 August, 2021

Adequacy of explanation required from tribunal for not seeking potentially relevant evidence from previous DLA award when making less advantageous PIP award

CPIP/1748/2020
[2021] UKUT 183 (AAC)

18 August, 2021

DWP, and then tribunal, mistakenly applied jobseeker’s allowance regulations in deciding that claimant’s entitlement to credits should cease after he failed to attend interview

CJSA/1294/2020
[2021] UKUT 179 (AAC)

11 August, 2021

Using a pen and paper to communicate in the absence of speech falls within the scope of using an aid or appliance to communicate verbally

C3/18-19(PIP)
[2019] NICom 33
Reported as [2020] AACR 15

10 August, 2021

Transfer from DLA to PIP / tribunal wrong to find that claimant had failed to attend medical examination without good reason where there was no evidence that invitation had imposed legal requirement to attend

C5/21-22(PIP)
[2021] NICom 32

Welfare rights

CI/68/2021 [2021] UKUT 240 (AAC)

[2021] EWCA Civ 1454

CI/68/2021
[2021] UKUT 240 (AAC)