Welfare rights case law

24 June, 2019

Entitlement to bedroom under regulation B13 must be determined objectively without reference to physical practicality of accommodating category of actual occupants

[2019] EWCA Civ 1080

19 June, 2019

Supreme Court rules that extension of Worker Registration Scheme was unlawful and residence rights of former workers following retirement should be based on ‘factual’ not ‘legal’ residence

[2019] UKSC 31

13 June, 2019

Tribunal should have considered redetermining PIP appeal after setting aside invalid supersession decision

CPIP/2132/2018
SC v Secretary of State for Work and Pensions (PIP): [2019] UKUT 165 (AAC)

12 June, 2019

Period over which to average fluctuating earnings for purposes of ESA permitted work rules

CE/870/2018, CE/871/2018 and CE/874/2018
[2019] UKUT 153 (AAC)

30 May, 2019

Whether bereavement benefits can be paid to surviving partner of religious marriage not recognised in England and Wales

CG/164/2018
[2019] UKUT 144 (AAC)

29 May, 2019

Tribunal failed to give adequate consideration to seeking medical evidence from DLA award in PIP transfer case

CPIP/2717/2018
[2019] UKUT 150 (AAC)

17 May, 2019

Meaning of 'income' in pension credit notional retirement pension income rules when value of pension plan is less than claimant’s contributions

[2019] EWCA Civ 839

15 May, 2019

Supreme Court rules that discrimination faced by lone parents and their young children from the benefit cap is not 'manifestly without reasonable foundation'

DA & others, R (On the Application Of) v SSWP and DS & others R (On the Application Of) v SSWP: [2019] UKSC 21

8 May, 2019

Claimant who gave up work to care for children did not have right to reside

CIS/1748/2012
[2019] UKUT 135 (AAC)

8 May, 2019

Whether married couple permanently separated / importance of assessing evidence in cultural context / adverse inference drawn when husband failed to attend

CTC/2349/2018
[2019] UKUT 113 (AAC)

3 May, 2019

High Court rules that universal credit migration arrangements for those who received severe disability premium before 16 January 2019 are unlawful

[2019] EWHC 1127 (QB)

2 May, 2019

Whether day of departure and return from Great Britain count when calculating permitted four week absence for purposes of housing benefit

CH/2111/2018
[2019] UKUT 128 (AAC)

2 May, 2019

Tribunal should have adjourned to obtain record of discussions between examining doctor and supervising clinician that took place prior to completion of medical report

CI/2224/2018
[2019] UKUT 120 (AAC)

1 May, 2019

Whether a person enrolled on a modular course is 'receiving education' during periods in which they are not undertaking any module / whether an academic year can be 'part of a modular course'

CE/1882/2018
[2019] UKUT 102 (AAC)

1 May, 2019

Relevance of profitability and ‘genuine and effective’ as tests for commercial basis of self-employment for working tax credit

CSTC/283/2018
[2019] UKUT 114 (AAC)

1 May, 2019

Claimant with epilepsy did not fail to show good cause for not attending medical examination by not arranging home visit in advance

CE/2037/2018
[2019] UKUT 118 (AAC)

23 April, 2019

Appeal did not lapse following DWP's reversal of 'negative determination' that claimant failed to attend medical examination without good reason

CPIP/2464/2018
[2019] UKUT 103 (AAC)

17 April, 2019

Whether evidence supporting right to reside as primary carer of self-sufficient Chen child amounts to a maintenance undertaking sufficient to prevent exclusion from housing benefit

CH/1746/2018
[2019] UKUT 96 (AAC)

17 April, 2019

Effect of coordination rules under Regulation 1408/71 on sickness benefits when claimant starts work in new Member State

CDLA/2438/2014
[2019] UKUT 84 (AAC)