Welfare rights case law

13 April, 2021

High Court of Northern Ireland rules that the 13 week housing benefit temporary absence rules that apply to serving prisoners do not breach human rights law

[2020] NIQB 78

12 April, 2021

Where tribunal is considering making a less favourable decision it must give sufficient notice to claimant to enable them to prepare their case

CPIP/932/2020
[2021] UKUT 41 (AAC)

12 April, 2021

Legal effect of Jobseeker’s (Back to Work Schemes) Act 2013 Remedial Order was to compel Secretary of State to supersede tribunal’s decision

CJSA/2077/2013
[2021] UKUT 69 (AAC)

9 April, 2021

Termination of joint tax credits award when spouse died did not constitute unlawful discrimination against widower who was not eligible for universal credit due to capital

CTC/2649/2019 & CTC/392/2020
[2021] UKUT 40 (AAC)

9 April, 2021

Treatment of late paid earnings in calculation of universal credit when real time information reported on time / return of deposit paid by employee on uniform is not earnings

CUC/761/2019
[2021] UKUT 46 (AAC)

8 April, 2021

Whether new evidence about the distance a claimant covered when walking is admissible in an Upper Tribunal appeal in circumstances where a First-tier Tribunal incorrectly assessed that distance

CPIP/2401/2019
[2021] UKUT 35 (AAC)

19 March, 2021

Consideration of ‘substantial risk’ arising from claimant being found fit for work includes travel to and from jobcentre and job interviews, as well as to and from work

CUC/747/2020
[2021] UKUT 47 (AAC)

18 March, 2021

High Court rules that DWP’s universal credit deductions policy’s use of a rigid formula in respect of court fines, rather than the exercise of discretion as the legislation requires, is unlawful

[2021] EWHC 608 (Admin)

11 March, 2021

Person subject to immigration control cannot claim carer’s allowance as a family member of a British national who has not exercised freedom of movement rights

CG/2617/2019
[2021] UKUT 24 (AAC)

11 March, 2021

Whether a busker who solicits donations from passers-by can establish a right to reside as a self-employed ‘qualified person’ under the Immigration (EEA) Regulations 2006

CF/1789/2016
[2021] UKUT 28 (AAC)

9 March, 2021

Tribunal erred in law by failing to refer an NI contributions late payment issue arising in a state pension appeal to the Secretary of State for Work and Pensions for onward referral to HMRC

CP/1500/2019
[2021] UKUT 21 (AAC)

4 March, 2021

High Court dismisses challenge brought by family of deceased claimant against DWP’s safeguarding policies

[2021] EWHC 465 (Admin)

22 February, 2021

Court of Appeal considers whether to hear appeal on points of law not previously raised by HMRC

[2021] EWCA Civ 174

12 February, 2021

Fear of encountering dogs out of doors is relevant, in principle, to claimant’s ability to follow the route of a journey for PIP mobility component purposes

CPIP/596/2020
[2021] UKUT 17 (AAC)

5 February, 2021

Whether tribunal properly exercised discretion to impose civil penalty

CE/2770/2019, CE/145/2019 & CE/146/2020
[2021] UKUT 6 (AAC)

1 February, 2021

Relationship between descriptors, and definition of key terms, in activity 8 ‘Reading and understanding signs, symbols and words’ and activity 10 ‘Making budgeting decisions’

CPIP/1653/2019
[2021] UKUT 1 (AAC)

22 January, 2021

High Court rules that requirement for universal credit claimants to pay childcare costs upfront before receiving childcare costs element is unlawful

[2021] EWHC 102 (Admin)

15 January, 2021

Having Zambrano right of residence did not assist claimant in being eligible for child benefit

CF/2239/2019
[2020] UKUT 353 (AAC)

11 January, 2021

Whether benefit awards made to claimant using a fictitious identity that had been granted British Citizenship were properly revised, reversed and found recoverable

CJSA/2368/2017, CE/2384/2017, CIS/2396/2017
[2020] UKUT 352 (AAC)

Welfare rights

[2020] NIQB 78

CUC/747/2020 [2021] UKUT 47 (AAC)

CUC/747/2020
[2021] UKUT 47 (AAC)