Welfare rights case law

2 June, 2020

Rule limiting entitlement to sure start maternity grant when claimant already responsible for child aged under 16 breached human rights of refugee and kinship carer

CIS/620/2019
[2020] UKUT 145 (AAC)

1 June, 2020

JSA requirement to be ‘living in’ the Common Travel Area for three months is not invalid under EU law

CJSA/1053/2019
[2020] UKUT 146 (AAC)

26 May, 2020

Tribunal unable to disapply legislation with unintended lacuna relating to revision or supersession of PIP awards in DLA transfer cases where claimant aged over 65 / extra-statutory payment made to claimant

CPIP/1962/2018
[2020] UKUT 107 (AAC)

22 May, 2020

High Court rules that government’s ‘no recourse to public funds’ regime is unlawful in cases where applicant will imminently suffer inhuman or degrading treatment without recourse

[2020] EWHC 1299 (Admin)

20 May, 2020

Appeal rights where a universal credit claim has been ‘closed’ for non-attendance at a jobcentre interview / whether appealable decision is subject to requirement for mandatory reconsideration

CUC/1389/2019
[2020] UKUT 109 (AAC)

20 May, 2020

Suspension of DLA after 28 days in hospital did not violate right to prohibition of discrimination under Article 14 ECHR, in case of an adult patient with severe learning disabilities

CDLA/1920/2018
[2020] UKUT 134 (AAC)

15 May, 2020

Interaction of decision to terminate housing benefit for failure to comply with ‘information requirement’, with decision to supersede and remove entitlement from an earlier date

CH/775/2019
[2020] UKUT 71 (AAC)

13 May, 2020

Requirement for returning British Citizen to be ‘qualifed person’ in order for family member to derive right to reside is unlawful

CSPC/330/2019
[2020] UKUT 73 (AAC)

12 May, 2020

Court of Appeal rules that failure to provide transitional protection for claimants who transferred to universal credit following incorrect legacy benefit decision was unlawful

[2020] EWCA Civ 618

12 May, 2020

Whether tribunal should have requested DLA evidence in PIP transfer claim appeal where there was no indication that claimant had ever been invited to request it

CPIP/2836/2018
[2020] UKUT 70 (AAC)

5 May, 2020

Letter inviting claimant to medical examination did not impose legal requirement to attend / tribunal could not lawfully decide that claimant had failed to attend examination without seeing appointment letter

CE/2126/2018
[2020] UKUT 59 (AAC)

4 May, 2020

Whether universal credit date of claim can be fixed at point when claimant starts or saves progress entering online claim information rather than when completed claim is submitted

[2020] UKUT 108 (AAC)
CUC/968/2019

30 April, 2020

Process for HMRC to make a decision on whether a person has a ‘genuine chance of being engaged in employment’ where jobcentre has not made such a decision

CF/66/2018
[2020] UKUT 66 (AAC)

28 April, 2020

EU family benefit coordination rules bypass domestic residence conditions for child benefit but not other conditions of entitlement in the case of a child living in the EU

CF/2685/2018
[2020] UKUT 65 (AAC)

27 April, 2020

High Court rules that precluding pre-settled status from conferring a right to reside is not unlawful discrimination

[2020] EWHC 998 (Admin)

23 April, 2020

Pension credit severe disability addition can be payable to a claimant who is not entitled to attendance allowance but receives an ‘equivalent’ Polish benefit

CSA/387/2019
[2020] UKUT 57 (AAC)

23 April, 2020

Whether income support including a disability premium is ‘paid on grounds of incapacity for work or disability’ / whether income support is extinguished or suspended where claimant is imprisoned

CUC/1617/2019
[2020] UKUT 48 (AAC)

21 April, 2020

Whether family members of a person who is self-employed in one State are required to claim sickness benefits in that State, even if they are habitually resident in another State

CDLA/882/2017
[2020] UKUT 53 (AAC)

21 April, 2020

Reconvened tribunal hearing must be before exactly the same panel or a completely different one

CE/1134/2019
[2019] UKUT 415 (AAC)

Welfare rights

CIS/620/2019 [2020] UKUT 145 (AAC)

CH/775/2019 [2020] UKUT 71 (AAC)

CIS/620/2019
[2020] UKUT 145 (AAC)

CH/775/2019
[2020] UKUT 71 (AAC)