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23 July, 2021

Whether tribunal is always obliged to put perceived inconsistencies in evidence to claimant / whether tribunal is always obliged to make specific findings on regulation 4(2A) criteria

SM v Secretary of State for Work and Pensions (PIP)
[2021] UKUT 140 (AAC)
CPIP/1495/2020

22 July, 2021

Claimant who fraudulently obtained refugee status was not entitled to tax credits or housing benefit she obtained relying upon that status

R v HMRC and Kirklees Metropolitan Borough Council (HB & TC)
[2020] UKUT 379 (AAC)
CH/1905/2017 & CTC/1902/2017

20 July, 2021

Extent of tribunal’s obligation to take into account Secretary of State’s changed view after making pre-hearing PIP ‘offer’, when decision under appeal remains the unrevised decision

DO v Secretary of State for Work and Pensions (PIP)
[2021] UKUT 161 (AAC)
CPIP/506/2020

20 July, 2021

Tribunal erred in failing to ensure it had before it an accurate list of work-related activities that were available for the claimant to undertake / training of universal credit staff on providing lists to tribunals not completed until July 2020

KS v Secretary of State for Work and Pensions (UC)
[2021] UKUT 132 (AAC)
CUC/1386/2020

15 July, 2021

CJEU rules that, while legislation excluding EU citizens with pre-settled status from universal credit is not contrary to EU law, competent authority must check that refusal of assistance does not infringe individual's right to human dignity

CG v The Department for Communities in Northern Ireland C‑709/20

9 July, 2021

Supreme Court unanimously rules that two-child limit is not incompatible with rights under Articles 8, 12 or 14 of the European Convention on Human Rights

R (on the application of SC, CB and 8 children) (Appellants) v Secretary of State for Work and Pensions and others (Respondents) [2021] UKSC 26

5 July, 2021

High Court rules that provision for refugees to make a backdated child tax credit claim from the date they sought asylum continues to apply where that date was before introduction of full service universal credit

DK, R (On the Application Of) v Her Majesty's Revenue and Customs [2021] EWHC 1845 (Admin)

29 June, 2021

Court of Appeal refuses permission to appeal against High Court decision that treatment of maternity allowance as unearned income for the purposes of universal credit is not unlawful

Moore & Anor v Secretary of State for Work and Pensions [2021] EWCA Civ 970

23 June, 2021

Tribunal failed to consider safeguards against retrospective supersession decision when deciding DLA overpayment recovery appeal

SM v Secretary of State for Work and Pensions (DLA)
[2021] UKUT 119 (AAC)
CDLA/812/2020

23 June, 2021

First-tier Tribunal bound by decisions of the Upper Tribunal and, in particular, IM v SSWP

CT v Secretary of State for Work and Pensions (ESA)
[2021] UKUT 131 (AAC)
CE/1632/2020

18 June, 2021

Tribunal correct to take two lots of four-weekly paid wages into account in one universal credit assessment period / Johnson and Pantellerisco did not apply

LG V Secretary of State for Work and Pensions (UC)
[2021] UKUT 121 (AAC)
CSUC/280/2020

16 June, 2021

Court of Session rules that provision for refugees to make a backdated claim for tax credits from the date they sought asylum to 31 January 2019 continues to apply

Petition of Ali Adnan and Mrs Saima Adnan for judicial review [2021] ScotCS CSOH_63

14 June, 2021

Shortcomings in DWP’s decision-making, investigation and record-keeping in overpayment case amount to errors of law / legal mechanism for reviving old-style ESA after contributory ESA exhausted

RS v Secretary of State for Work & Pensions (ESA)
[2021] UKUT 112 (AAC)
CE/1941, 1942 & 1943/2018

19 May, 2021

Whether tribunal erred in law by relying on evidence that it did not disclose to claimant / substantial risk under regulation 35 and requirement to consider risk to others

MH v Secretary of State for Work and Pensions (ESA)
[2021] UKUT 90 (AAC)
CE/685/2020

30 April, 2021

High Court rules that government’s ‘no recourse to public funds’ policy unlawfully fails to safeguard and promote the welfare of children

ST & Anor v Secretary of State for the Home Department [2021] EWHC 1085 (Admin)

23 April, 2021

Claimant qualifies for highest-scoring descriptors under Activity 8 and Activity 10 if they are unable to accomplish what is involved in next highest-scoring descriptor

SE v Secretary of State for Work and Pensions (PIP) (Final decision)
[2021] UKUT 79 (AAC)
Reported as [2021] AACR 5
CPIP/1653/2019 final decision

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

Taylor, Re Application for Judicial Review (Rev 1) [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

MS v Secretary of State for Work and Pensions (DLA and PIP)
[2021] UKUT 41 (AAC)
CPIP/932/2020, CPIP/934/2020, CDLA/1079/2020 & CDLA/1080/2019

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

MB v Secretary of State for Work and Pensions (JSA)
[2021] UKUT 69 (AAC)
CJSA/2077/2013

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