Welfare rights case law

14 February, 2020

Whether decision to apply minimum income floor was appealable / application of minimum income floor to seasonal worker

CUC/2641/2018
[2020] UKUT 18 (AAC)

13 February, 2020

Whether a tribunal should proceed in claimant’s absence when ESA50 is missing from papers / whether a request for an all-female tribunal panel was reasonable

CE/238/2019
[2020] UKUT 15 (AAC)

13 February, 2020

Lack of corroboration of evidence does not relieve tribunal of duty to assess that evidence and to explain any findings it may make in relation to it

CDLA/1733/2019
[2020] UKUT 14 (AAC)

12 February, 2020

Importance of representatives indicating that special arrangements needed to help vulnerable adult participate in tribunal proceedings / need for representatives to make it clear if they wish to give evidence themselves

CPIP/1328/2019
[2020] UKUT 17 (AAC)

11 February, 2020

Circumstances where a tribunal may have a duty to telephone claimant to establish reasons for non-attendance before proceeding to hear a case in their absence

CTC/9/2019
[2020] UKUT 9 (AAC)

7 February, 2020

High Court rules that bereavement support payment eligibility criteria that exclude cohabiting parents from entitlement are incompatible with human rights law

[2020] EWHC 183 (Admin)

7 February, 2020

Tribunal asked the wrong question when seeking to link cause of child’s night time care needs to a disability rather than focusing on reasonable requirement for attention

CDLA/1837/2019
[2020] UKUT 10 (AAC)

5 February, 2020

Supreme Court dismisses Northern Ireland Attorney General’s attempt to challenge roll-out of universal credit, holding that process used did not raise a ‘devolution issue’

[2020] UKSC 2

29 January, 2020

Court of Appeal upholds High Court judgments that failure to protect income of severely disabled claimants migrating to universal credit is unlawful

[2020] EWCA Civ 37

28 January, 2020

Claimant’s view that it would be pointless to apply for a vacancy does not amount to a good reason for failing to apply for a vacancy as directed by the Secretary of State

CUC/2274/2018
[2019] UKUT 408 (AAC)

27 January, 2020

Apparent bias of First-tier Tribunal and Upper Tribunal judges / recusal of Upper Tribunal Judge / whether claimant received a public hearing

CSPIP/384/2017
[2019] UKUT 336 (AAC)

22 January, 2020

Atos letter inviting claimant to HCP consultation did not impose legal requirement to attend

CPIP/2941/2018
[2019] UKUT 374 (AAC)

21 January, 2020

Factors to be considered in deciding whether a room can be classified as a bedroom

CH/784/2017
[2019] UKUT 372 (AAC)

20 January, 2020

Tribunal adopted right approach to assessing credibility of claimant’s evidence and provided adequate reasons for adverse decision

CTC/1937/2018
[2019] UKUT 386 (AAC)

20 December, 2019

Whether a claimant's inability to read English is relevant when assessing the ability to understand communication / whether a claimant must have difficulties with understanding both written and spoken communications

CE/2918/2018
[2019] UKUT 345 (AAC)

18 December, 2019

Two people can have an amicable relationship and still be ‘estranged’ for purposes of capital disregard

CH/624/2019
[2019] UKUT 360 (AAC)

17 December, 2019

Whether EU law provides for a ‘secondary’ right to reside as primary carer of under school age child where primary carer is not a family member of other parent

CJSA/1637/2017, CIS/1888/2017 and CH/1889/2017
[2019] UKUT 361 (AAC)

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)

Welfare rights

CUC/2641/2018 [2020] UKUT 18 (AAC)

CDLA/1837/2019 [2020] UKUT 10 (AAC)

CUC/2641/2018
[2020] UKUT 18 (AAC)

CDLA/1837/2019
[2020] UKUT 10 (AAC)