Welfare rights case law

4 December, 2019

Court of Appeal decides not to exercise discretion to hear academic case on DHPs and orders claimant to pay local authority’s costs

[2019] EWHC 371 (Admin)

4 December, 2019

Correct approach to assessing right to reside on basis of permanent incapacity

CSE/43/2019
[2019] UKUT 364 (AAC)

3 December, 2019

Standards required in statements of reasons / procedural fairness in considering adjournment request

CSE/303/2019
[2019] UKUT 347 (AAC)

29 November, 2019

Tribunal’s inconsistent reporting of how it relied on claimant’s evidence amounts to error of law / observations on use of standard phrase ‘in particular’ in decision notices

CPIP/2901/2018
[2019] UKUT 324 (AAC)

29 November, 2019

Correct approach to assessing whether two people are ‘living together as a married couple’ / reasoning required from tribunal in ‘living together’ cases

CIS/1028/2019
[2019] UKUT 312 (AAC)

28 November, 2019

Importance of identifying ‘impaired function’ to properly apply the definition of ‘aid or appliance’

CPIP/623/2019
[2019] UKUT 320 (AAC)

26 November, 2019

Fresh JSA claim not required from A8 jobseeker when pre-May 2009 claim determined after date Worker Registration Scheme held to be no longer lawful

CJSA/1933/2010
[2019] UKUT 313 (AAC)

19 November, 2019

Period over which a tribunal has jurisdiction in a PIP appeal where subsequent fresh PIP claim has been decided / whether telephone claim is valid if 'all the information required to determine the claim' is not provided during call

CPIP/2948/2018
[2019] UKUT 318 (AAC)

18 November, 2019

Relevance of previous failures when determining good cause for failure to attend a medical examination

CE/1167/2019
[2019] UKUT 303 (AAC)

15 November, 2019

Link between provisions relating to ineligible service charges and definition of exempt accommodation / consideration of what constitutes 'general counselling or ... any other support services'

CH/28/2019, CH/31/2019, CH/34/2019 and CH/36/2019
[2019] UKUT 304 (AAC)

14 November, 2019

EU Coordination rules bypass domestic residence conditions for child tax credit but not other conditions of entitlement in the case of a child living in the EU

CTC/225/2018
[2019] UKUT 306 (AAC)

13 November, 2019

Supreme Court rules that local authority decision makers, the First-tier Tribunal and the Upper Tribunal have power to disapply secondary legislation where it is in breach of Convention rights

[2019] UKSC 52

6 November, 2019

Claimant who has new condition, or worsening of existing condition, to be treated as having limited capability for work from date of repeat ESA claim until date of decision on claim / First-tier Tribunal not bound by DWP's decision on regulation 30

CE/633/2017
[2019] UKUT 284 (AAC)

5 November, 2019

Contradiction between tribunal’s decision notice and statement of reasons and whether set aside complied with Procedure Rules

CPC/532/2019 & CPC/533/2019
[2019] UKUT 294 (AAC)

28 October, 2019

Crutches as an aid for dressing or undressing if reasonably required by claimant who needs to stand to complete activity

CPIP/285/2019
[2019] UKUT 293 (AAC)

24 October, 2019

European Court rules that bedroom tax unlawfully discriminates against woman living in a ‘Sanctuary Scheme’ home

[2019] ECHR 753

24 October, 2019

High Court considers compensation following ruling that transitional provisions for benefit claimants with an SDP who had transferred to universal credit were unlawful

[2019] EWHC 2774 (Admin)

17 October, 2019

Adjourning tribunal where validity of medical report that has been subject to audit and amendment is challenged

C13/18-19(PIP)
[2019] NICom 55

9 October, 2019

Child benefit can be exported under Article 7 of Regulation 883/2004 / priority rules for overlapping family benefits do not apply when claimant is receiving benefit in only one State

CF/5039/2014
[2019] UKUT 289 (AAC)

Welfare rights

[2019] EWHC 371 (Admin)

CJSA/1933/2010 [2019] UKUT 313 (AAC)

CJSA/1933/2010
[2019] UKUT 313 (AAC)