Welfare rights case law

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15 August, 2017

Matters to consider when tribunals exercise discretion to set or alter the level of a tax credit penalty

CTC/3617/2016
[2017] UKUT 329 (AAC)

10 August, 2017

Local authority bound by DWP decision on benefit entitlement and capital and income in passported cases, unless there is evidence of fraud

CH/2950/2016
[2017] UKUT 306 (AAC)

9 August, 2017

Functional difficulties must arise from a physical or mental condition and not from other personal conditions such as childcare responsibilities

CPIP/663/2017
[2017] UKUT 317 (AAC)

8 August, 2017

Claimant's refusal to give consent to disclosure of medical records may make it difficult to evidentially make out their case

CE/884/2017
[2017] UKUT 304 (AAC)

8 August, 2017

Alcohol dependence and factors to consider when assessing a claimant’s ability to perform PIP functions

CPIP/3126/2016
[2017] UKUT 310 (AAC)

7 August, 2017

Provided a mandatory reconsideration request is made within 13 months of decision, claimant is entitled to pursue an appeal

CE/766/2016
[2017] UKUT 324 (AAC)

7 August, 2017

Requirement for gender recognition certificate is not discriminatory for purposes of entitlement to retirement pension as a woman by a male-to-female transgender person

CP/2456/2015
[2017] UKUT 303 (AAC)

3 August, 2017

Only disabilities which led to DLA award can be deemed to automatically satisfy the three months retrospective condition under PIP transitional regulations

CPIP/48/2017
[2017] UKUT 311 (AAC)

1 August, 2017

Requirement for claimants to cooperate and share evidence in their knowledge to show benefit entitlement conditions are met

CJSA/2170/2016
[2017] UKUT 282 (AAC)

27 July, 2017

Requirement to identify the specific type of work a claimant could undertake without substantial risk for the purposes of ESA regulation 29

CE/281/2017
[2017] UKUT 251 (AAC)

25 July, 2017

Estimates of time taken to cover journeys are relevant when applying the ESA mobilising descriptors

CE/175/2017
[2017] UKUT 236 (AAC)

25 July, 2017

Tribunals must identify basis for supersession of a PIP decision and explain removal of entitlement

CPIP/2621/2016
[2017] UKUT 231 (AAC)

21 July, 2017

Basic principles of fairness and assessing evidence as a whole, as protection against tribunals diverting into satellite issues of credibility

CE/572/2017
[2017] UKUT 274 (AAC)

21 July, 2017

Conclusive nature of section 18 decisions and the approach to determining sections 14,15 and 16 decisions and appeals in respect of the same tax year

CTC/3228/2015
[2017] UKUT 257 (AAC)

19 July, 2017

No failure to disclose information that is already known by the DWP

CP/716/2015
[2017] UKUT 249 (AAC)

18 July, 2017

Inability to read instructions or use timers may be relevant when considering PIP activity 1

CPIP/3739/2016
[2017] UKUT 272 (AAC)

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Welfare rights case law

Matters to consider when tribunals exercise discretion to set or alter the level of a tax credit penalty

CTC/3617/2016
[2017] UKUT 329 (AAC)

Local authority bound by DWP decision on benefit entitlement and capital and income in passported cases, unless there is evidence of fraud

Functional difficulties must arise from a physical or mental condition and not from other personal conditions such as childcare responsibilities

Claimant's refusal to give consent to disclosure of medical records may make it difficult to evidentially make out their case

Alcohol dependence and factors to consider when assessing a claimant’s ability to perform PIP functions

Provided a mandatory reconsideration request is made within 13 months of decision, claimant is entitled to pursue an appeal

Requirement for gender recognition certificate is not discriminatory for purposes of entitlement to retirement pension as a woman by a male-to-female transgender person

CP/2456/2015
[2017] UKUT 303 (AAC)

Only disabilities which led to DLA award can be deemed to automatically satisfy the three months retrospective condition under PIP transitional regulations

Nature of investigation required when assessing an ability to read and understand written information for PIP activity 8

Sure start maternity grants and establishing entitlement based upon a subsequent award of a qualifying benefit

Factors to consider when assessing temporary absence from home and commerciality of tenancy

Requirement for claimants to cooperate and share evidence in their knowledge to show benefit entitlement conditions are met

Requirement to identify the specific type of work a claimant could undertake without substantial risk for the purposes of ESA regulation 29

Estimates of time taken to cover journeys are relevant when applying the ESA mobilising descriptors

Tribunals must identify basis for supersession of a PIP decision and explain removal of entitlement

Basic principles of fairness and assessing evidence as a whole, as protection against tribunals diverting into satellite issues of credibility

Conclusive nature of section 18 decisions and the approach to determining sections 14,15 and 16 decisions and appeals in respect of the same tax year

No failure to disclose information that is already known by the DWP

Inability to read instructions or use timers may be relevant when considering PIP activity 1

Welfare rights case law

CTC/3617/2016 [2017] UKUT 329 (AAC)

CP/2456/2015 [2017] UKUT 303 (AAC)

CTC/3617/2016
[2017] UKUT 329 (AAC)

CP/2456/2015
[2017] UKUT 303 (AAC)