Welfare rights case law

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Benefit

Jurisdiction

14 November, 2018

Decision of tribunal set aside where particular reliance placed on oral evidence of child who did not, in fact, attend hearing

CDLA/2323/2017
[2018] UKUT 323 (AAC)

13 November, 2018

Whether a claimant challenging a deportation order is ‘a person subject to immigration control’

CF/1077/2017
[2018] UKUT 328 (AAC)

9 November, 2018

Circumstances in which tribunal should obtain evidence relating to previous DLA award when considering PIP appeal / whether tribunal needs to give reasons for reduction in award from DLA to PIP

CPIP/2386/2017 & CPIP/2307/2017
[2018] UKUT 330 (AAC)

7 November, 2018

Whether ESA descriptor 5b should assess grip with reference to the current version of a £1 coin / adequacy of tribunal reasons for preferring one source of evidence to another

CE/26/2018
[2018] UKUT 326 (AAC)

7 November, 2018

Determining whether ad hoc work amounts to self-employment for purposes of establishing whether UK is competent state for paying carer’s allowance

CG/1851/2015
[2018] UKUT 329 (AAC)

24 October, 2018

Where there are competing claims for child tax credit, a decision must be made about who has main responsibility

CTC/3547/2016
[2018] UKUT 318 (AAC)

19 October, 2018

Tribunal not under duty to give reasons for reduction in award on transfer from DLA to PIP where DLA award not material to whether PIP conditions are met

CSPIP/171/2018
[2018] UKUT 313 (AAC)

18 October, 2018

Evidence of an immediate threat to home ownership is not necessary to establish a ‘practical compulsion’ to sell

CSH/109/2018
[2018] UKUT 322 (AAC)

17 October, 2018

A tribunal is not always required to give reasons in DLA to PIP transfer cases if PIP decision appears to be inconsistent with DLA decision

CSPIP/193/2018
[2018] UKUT 314 (AAC)

15 October, 2018

Northern Ireland Court of Appeal rules that Commissioner correctly assessed ESA activity 14 (coping with change) descriptors against the backdrop of the modern workplace

[2018] NICA 29

11 October, 2018

Withdrawal of universal credit claim did not mean that it restrospectively ceased to exist for purposes of ending tax credit award

CTC/1276/2018
[2018] UKUT 306 (AAC)

10 October, 2018

Tribunal failed to adequately assess if terms of a jobseeker’s agreement were reasonable to comply with / Allegations of bias and recusal of Upper Tribunal judge

CJSA/2797/2017
[2018] UKUT 320 (AAC)

10 October, 2018

Principle of ‘estoppel per rem judicatum’ does not apply in determination of housing benefit claims

CH/1718/2017
[2018] UKUT 319 (AAC)

9 October, 2018

Housing benefit is a specified benefit for the purposes of transitional protection from right to reside test / tribunal must exercise inquisitorial jurisdiction where 'clearly apparent' that protection may apply

CIS/1798/2018
[2018] UKUT 307 (AAC)

9 October, 2018

Full time student in receipt of DLA should have been treated as having limited capability for work for the purposes of income-related ESA

CE/1272/2018
[2018] UKUT 304 (AAC)

4 October, 2018

Welfare rights case law

Decision of tribunal set aside where particular reliance placed on oral evidence of child who did not, in fact, attend hearing

CDLA/2323/2017
[2018] UKUT 323 (AAC)

Whether a claimant challenging a deportation order is ‘a person subject to immigration control’

Circumstances in which tribunal should obtain evidence relating to previous DLA award when considering PIP appeal / whether tribunal needs to give reasons for reduction in award from DLA to PIP

Whether ESA descriptor 5b should assess grip with reference to the current version of a £1 coin / adequacy of tribunal reasons for preferring one source of evidence to another

Determining whether ad hoc work amounts to self-employment for purposes of establishing whether UK is competent state for paying carer’s allowance

Where there are competing claims for child tax credit, a decision must be made about who has main responsibility

Tribunal not under duty to give reasons for reduction in award on transfer from DLA to PIP where DLA award not material to whether PIP conditions are met

CSPIP/171/2018
[2018] UKUT 313 (AAC)

Evidence of an immediate threat to home ownership is not necessary to establish a ‘practical compulsion’ to sell

A tribunal is not always required to give reasons in DLA to PIP transfer cases if PIP decision appears to be inconsistent with DLA decision

Northern Ireland Court of Appeal rules that Commissioner correctly assessed ESA activity 14 (coping with change) descriptors against the backdrop of the modern workplace

Withdrawal of universal credit claim did not mean that it restrospectively ceased to exist for purposes of ending tax credit award

Tribunal failed to adequately assess if terms of a jobseeker’s agreement were reasonable to comply with / Allegations of bias and recusal of Upper Tribunal judge

Principle of ‘estoppel per rem judicatum’ does not apply in determination of housing benefit claims

Housing benefit is a specified benefit for the purposes of transitional protection from right to reside test / tribunal must exercise inquisitorial jurisdiction where 'clearly apparent' that protection may apply

Full time student in receipt of DLA should have been treated as having limited capability for work for the purposes of income-related ESA

Interaction of daily living activity 3 - as in force before 16 March 2017 - with other descriptors

Awarding a Schedule 3 descriptor that is inconsistent with points awarded under Schedule 2 amounts to an error of law

Reason for departing from a previous ESA award must be ‘reasonably obvious’ from a tribunal’s other reasoning

Room contaminated with asbestos cannot be treated as a bedroom for the purposes of assessing under occupation

Welfare rights case law

CDLA/2323/2017 [2018] UKUT 323 (AAC)

CSPIP/171/2018 [2018] UKUT 313 (AAC)

CDLA/2323/2017
[2018] UKUT 323 (AAC)

CSPIP/171/2018
[2018] UKUT 313 (AAC)