Welfare rights case law

30 October, 2020

Apparent bias of First-tier Tribunal that used knowledge of claimant gained from previous hearings / whether use of tribunal clerk to communicate with claimant prior to hearing was appropriate

BF v Secretary of State for Work and Pensions (ESA)
[2019] UKUT 420 (AAC)
CE/1285/2018

29 October, 2020

Correct approach to assessing medical evidence if PIP assessment report has been carried out by publicly discredited assessor appointed by the Secretary of State

CM v Secretary of State for Work and Pensions (PIP)
[2020] UKUT 259 (AAC)
CPIP/400/2017

29 October, 2020

Capital from a former home can be disregarded if it is ‘more probable than not’ that it will be used for a new home

EAM v Secretary of State for Work and Pensions (UC)
[2020] UKUT 247 (AAC)
CUC/1773/2018

28 October, 2020

Notification of requirement to attend interview may be given orally / methods of communication set out in regulation 23 of Jobseeker’s Allowance Regulations 1996 are illustrative and not exhaustive

DC v Secretary of State for Work and Pensions (JSA)
[2020] UKUT 257 (AAC)
CJSA/197/2020

27 October, 2020

Claimant entitled to assume decision made on benefit award would be communicated to other relevant benefit offices / Department for Communities could not rely on House of Lords’ judgment in Hinchy

SK-v-Department for Communities (ESA)
[2020] NICom 73
C9/20-21(ESA)

26 October, 2020

High Court rules that treatment of maternity allowance as unearned income for the purposes of universal credit is not unlawful

The Queen on the Application of Moore & Anor v Secretary of State for Work and Pensions [2020] EWHC 2827 (Admin)

23 October, 2020 Open access

High Court rejects challenge to decision not to increase financial support for recipients of carer’s allowance in response to coronavirus pandemic

CC, R (On the Application Of) v HM Treasury & Anor [2020] EWHC 2817 (Admin)

30 September, 2020

Need for supervision where a person has to remove their hearing aids or cochlear implants while washing and consequently cannot hear a typical alarm

KT and SH v Secretary of State for Work and Pensions (PIP)
[2020] UKUT 252 (AAC)
CPIP/3062/2016 and CPIP/2660/2017

23 September, 2020

High Court rules that formulae for converting weekly rents to a monthly value for the purposes of calculating universal credit entitlement are neither irrational nor unlawful

Caine, R (On the Application Of) v Secretary 0f State for Work and Pensions (Rev 1) [2020] EWHC 2482 (Admin)

15 September, 2020

Court of Appeal rejects challenge to increase in women’s state pension age

Delve & Anor, R (On the Application Of) v The Secretary of State for Work And Pensions [2020] EWCA Civ 1199

8 September, 2020

Whether single claimant could avoid prohibition on claiming tax credits in a universal credit full-service area by relying on previous year’s joint award

W v Her Majesty's Revenue and Customs (TC)
[2020] UKUT 239 (AAC)
CTC/1221/2019

28 August, 2020

Whether landord’s failure to instigate possession proceedings on grounds of rent arrears meant that tenancy was non-commercial / whether a previously commercial tenancy can become non-commercial

Warwick District Council v Secretary of State for Work and Pensions and CH (HB)
[2020] UKUT 240 AAC
CH/1839/2017

25 August, 2020

ESA case law relating to requirement for DWP to provide tribunals with evidence of work-related activity available in area where claimant lives applies equally to universal credit

MD v Secretary of State for Work and Pensions (UC)
[2020] UKUT 215 (AAC)
CUC/2777/2019

20 August, 2020 Open access

High Court in Northern Ireland grants interim relief pending full hearing delayed by COVID-19 to prisoner challenging housing benefit temporary absence rules

Taylor, Re Application for Judicial Review [2020] NIQB 46

19 August, 2020

Court of Appeal in Northern Ireland rules that provisions allowing widowed parent's allowance to be suspended when claimant began to cohabit, and to be terminated when she remarried, were not unlawful

Lennon, Re Application for Judicial Review [2020] NICA 15

17 August, 2020

Court of Appeal in Northern Ireland rules that contribution conditions for bereavement payment should be treated as met if deceased person was unable to work and pay contributions due to disability

Michael O'Donnell v Department for Communities [2020] NICA 36

12 August, 2020

Whether non-EEA claimant with permanent residence who is a former spouse of EEA national is required to meet qualifying conditions relating to family members who can retain right of residence

MS v Secretary of State for Work and Pensions (ESA)
[2020] UKUT 235 (AAC)
CE/2356/2019

11 August, 2020

Denial of bereavement support payment to family of a deceased woman who had been unable to work and pay NI contributions due to severe disability breached ECHR

O'Donnell v Department For Communities [2020] NICA 36

11 August, 2020

Effective dates for awards superseded as a result of DWP’s review exercises following MH v SSWP and RJ & Ors v SSWP

CM v Secretary of State for Work and Pensions (PIP)
[2020] UKUT 221 (AAC)
CPIP/2631/ 2019

Welfare rights

BF v Secretary of State for Work and Pensions (ESA) [2019] UKUT 420 (AAC) CE/1285/2018

CC, R (On the Application Of) v HM Treasury & Anor [2020] EWHC 2817 (Admin)

BF v Secretary of State for Work and Pensions (ESA)
[2019] UKUT 420 (AAC)
CE/1285/2018