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26 April, 2024

Appointee’s failure to disclose duration of claimant’s hospital stay contributed to official error and made overpayment recoverable

DG v Bromley London Borough Council
[2024] UKUT 49 (AAC)
UA-2021-000447-HB

23 April, 2024

First-tier Tribunal must explain how required period condition is met when considering entitlement to adult disability payment

Social Security Scotland v FK
[2024] UT 23
UTS-AS-23-1024

22 April, 2024

Court of Appeal provides guidance on right to claim damages for breach of human rights in circumstances where losses relate to failure to lift NRPF condition as it was in 2020 to prevent destitution

ASY & Ors v Home Office [2024] EWCA Civ 373

13 March, 2024

Failure to consider every change in earnings through period of overpayment amounted to error of law

London Borough of Waltham Forest v CA
[2024] UKUT 39 (AAC)
UA-2021-000675-HB

12 March, 2024

Erosion of universal credit transitional protection when claimant moved on from specified accommodation breached her human rights

SSWP v JA
[2024] UKUT 52 (AAC)
UA-2022-001286-UOTH

12 March, 2024

Definition of prisoner for the purposes of eligibility for ESA does not include those sentenced to imprisonment by the civil courts for civil offences

JC v SSWP
[2024] UKUT 13 (AAC)
UA-2023-000926-ESA

11 March, 2024

Scottish tribunal erred in law by failing to allow late claim for funeral expenses under provisions that relax deadlines if reason for lateness is ‘related’ to coronavirus

CD v Social Security Scotland
[2024] UT 12
UTS/AS/23/0031

1 March, 2024

Court of Appeal rules that there is no requirement for a universal credit claimant to request backdating before their claim is determined

Secretary of State for Work and Pensions v Miah
[2024] EWCA Civ 186

19 February, 2024

Circumstances of claimant’s case did not require the First-tier Tribunal for Scotland to use power to call for further medical evidence

AK v Social Security Scotland
[2024] UT 05
UTS-AS-23-0985

15 February, 2024

High Court in Northern Ireland rules that HMRC must consider impact of decision and ‘who stands to lose most’ when awarding child benefit in a 50/50 joint custody case

Murphy, Re Application for Judicial Review [2023] NIKB 119

5 February, 2024

Tribunal erred in law in finding claimant’s disclosure of intention to claim occupational pension in the near future discharged the obligation to disclose as communicated in ESA40 booklet

Secretary of State for Work and Pensions v NS
[2024] UKUT 5 (AAC)
UA-2021-000249/250-ESA

2 February, 2024

Failure to provide claimant with transitional protection for loss of EDP following natural migration to universal credit was unlawful and DWP must redecide entitlement on a lawful basis

FL v Secretary of State for Work and Pensions (UC)
[2024] UKUT 6 (AAC)
UA-2021-001442-UOTH

2 February, 2024

Tribunal’s failure to mention evidence taken during hearing in its statement of reasons for decision, and later reliance on that evidence when refusing permission to appeal, amounted to error of law

GS v Secretary of State for Work & Pensions
[2024] UKUT 4 (AAC)
UA-2022-001714-ULCW

22 January, 2024

Court of Appeal rules that section 38(1A) Tax Credits Act 2002 provisions that prevent appeals following HMRC refusal to extend time to seek review are ‘ultra vires’ the enabling legislation

Commissioners for His Majesty's Revenue and Customs v Arrbab
[2024] EWCA Civ 16

8 January, 2024

Where a LEAP decision can be construed as a non-hopeless application for anytime official error revision, then the entirety of the decision can be considered on appeal

CW v Secretary of State for Work and Pensions (PIP)
[2023] UKUT 297 (AAC)
UA-2023-000775-PIP

8 January, 2024

First-tier Tribunal erred in law by directing Secretary of State to treat a claim for universal credit as a claim for income-related employment and support allowance

Secretary of State for Work and Pensions v PL (UC)
[2023] UKUT 288 (AAC)
UA-2022-001685-UOTH

5 January, 2024

Three-month wait for universal credit LCWRA element should not be applied to older member of mixed-age couple whose ESA ended on reaching pension age

PR v Secretary of State for Work and Pensions (UC)
[2023] UKUT 290 (AAC)
UA-2022-000330-ULCW

4 January, 2024

Evidence that comes to light later, but relates to the time a decision was made, can be used to establish whether a decision was made based on a mistake as to a material fact

Secretary of State for Work and Pensions v SV
[2023] UKUT 279 (AAC)
UA-2023-000362-USTA

2 January, 2024

Claimant who was imprisoned on remand before end of first assessment period was not entitled to universal credit

Secretary of State for Work and Pensions v AH (UC)
[2023] UKUT 274 (AAC)
UA-2023-000283-UHC

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