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21 January, 2022

High Court rules that failure to compensate claimants who migrated to universal credit for loss of enhanced disability premium and child tax credit disabled child element is unlawful

R (on the application of) TP and AR (TP and AR No.3) [2022] EWHC 123 (Admin)

19 January, 2022

Court of Session confirms that provisions that enable refugees to make backdated child tax credit claims from the date they sought asylum continue to apply where that date was before the introduction of full service universal credit

Reclaiming motion by Her Majesty's Revenue and Customs against Mr Ali Adnan and Mrs Saima Adnan [2022] ScotCS CSIH 2

11 January, 2022

Court of Appeal rules that suspension of DLA after 28 days in hospital did not breach severely disabled adult’s rights under Article 14 ECHR

MOC v Secretary of State for Work And Pensions [2022] EWCA Civ 1

6 January, 2022

Circumstances in which a person for whom tax credits have not been abolished may make a fresh claim following termination of an award

Her Majesty's Revenue and Customs v RS (TC)
[2021] UKUT 310 (AAC)
CTC/1514/2020

5 January, 2022

Claimant who moved into property after tenant went to prison could not be treated as liable to make payments for housing benefit purposes

ZD v London Borough of Hillingdon (HB)
[2021] UKUT 305 (AAC)
CH/990/2020

5 January, 2022

Tribunal correct to treat pay in lieu of notice as employed earnings for universal credit purposes rather than as a termination of employment payment that could be excluded from calculation

RMcE-v-Department for Communities (UC)
[2021] NICom 59
C3/21-22(UC)

14 December, 2021

Tax credit entitlement is not terminated where a universal credit claim is withdrawn before the DWP issues a ‘stop notice’

Her Majesty's Revenue and Customs v AB (TC)
[2021] UKUT 209 (AAC)
CTC/2193/2019

7 December, 2021

Claimant that worked erratic hours under zero hours contract was still required to meet ‘regular employment’ condition in order to retain entitlement to reduced earnings allowance

AR v Secretary of State for Work and Pensions (II)
[2021] UKUT 279 (AAC)
CI/242/2021

1 December, 2021

Supreme Court unanimously allows DWP’s appeal against Court of Appeal ruling that government acted unlawfully in barring EU citizens from relying on pre-settled status to access universal credit

Fratila and another (AP) (Respondents) v Secretary of State for Work and Pensions (Appellant) UKSC 2021/0008

29 November, 2021

Court of Appeal rules that Article 7 of Regulation 883/2004 cannot be invoked to provide an independent basis to enable export of child benefit when a claimant moves to another EU Member State

Carrington v Her Majesty's Revenue And Customs [2021] EWCA Civ 1724

19 November, 2021

Supersession to account for deterioration after industrial injuries disablement benefit award requires an initial ‘notional assessment’ of disablement that ignores any constitutional degenerative changes

PA v Secretary of State for Work and Pensions (II)
[2021] UKUT 257 (AAC)
CI/940/2020

3 November, 2021

Landlord who received direct payments of housing benefit is a ‘necessary party’ to claimant’s appeal against decision to recover subsequent overpayment from the claimant only

DBH v West Lindsey District Council (HB)
[2021] UKUT 256 (AAC)
CH/1041/2020

19 October, 2021

Meaning of ‘out of’ and ‘in the course of’ employment for the purposes of assessing whether an accident is an industrial accident

NE v Secretary of State for Work and Pensions (II)
[2021] UKUT 240 (AAC)
CI/68/2021

14 October, 2021

Application of personal independence payment activities and descriptors to a claimant who is a ‘functioning alcoholic’

DE v Secretary of State for Work and Pensions (PIP)
[2021] UKUT 226 (AAC)
CPIP/2229/2019

14 October, 2021 Open access

Tribunal drew unfair inference that claimant had opted for paper hearing to avoid questioning when, in fact, obvious inference was that he was shielding during first Covid-19 lockdown

JS v Wirral Metropolitan Borough Council (HB)
[2021] UKUT 219 (AAC)
CH/550/2021

13 October, 2021

Court of Appeal holds that ‘Proof of Payment Rule’ requiring universal credit claimants to pay for childcare upfront is not unlawful

Salvato, R (On the Application Of) v The Secretary of State for Work And Pensions [2021] EWCA Civ 1482

12 October, 2021

For the purposes of a funeral expenses payment, a funeral is an event involving final disposal of the deceased’s body and ceremonies closely related to that in nature, time, and place

JEC v Secretary of State for Work and Pensions (SF)
[2021] UKUT 243 (AAC)
CSIS/256/2020

12 October, 2021

Lump sum advance payments of earnings cannot be disaggregated and notionally attributed to other weeks beyond the period in which they were actually paid in order to meet the first contribution condition for new-style JSA

NH v Secretary of State for Work and Pensions (JSA)
[2021] UKUT 227 (AAC)
CJSA/458/2021

11 October, 2021

Court of Appeal rules that universal credit benefit cap earnings assessment is not irrational and unlawful in the case of a four-weekly paid claimant

Pantellerisco & Ors v The Secretary of State for Work And Pensions (Rev2) [2021] EWCA Civ 1454

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