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Welfare rights

10 October, 2023

Whether or not a claimant is ‘taking advantage’ of the housing benefit scheme is a fact-specific assessment

London Borough of Hammersmith & Fulham v FJ
[2023] UKUT 203 (AAC)
UA-2022-001625-HB

6 September, 2023

Notional income from student loan was not to be taken into account in case where student did not apply for loan due to religious beliefs

IB v Gravesham Borough Council and Secretary of State for Work and Pensions
[2023] UKUT 193 (AAC)
UA-2019-001395-HB

4 September, 2023

Meaning of ‘care’ and whether it must be required in order to establish entitlement to an additional bedroom for an overnight carer

SM v Secretary of State for Work and Pensions (UHC)
[2023] UKUT 176 (AAC)
UA-2022-000261-UHC

16 August, 2023

British claimant who was unable to return to the UK for medical reasons could not be exempted from the PIP past presence test

AT v Secretary of State for Work and Pensions (PIP)
[2023] UKUT 186 (AAC)
UA-2022-001498-PIP

8 August, 2023

Third country family members can acquire residence rights following dissolution of marriage between third country national and EEA citizen despite omission from EEA Regulations

AT v LB Hillingdon and Secretary of State for Work and Pensions (HB)
[2023] UKUT 149 (AAC)
UA-2020-000117-HB

7 August, 2023

Universal credit is not payable for a third child conceived in a stable relationship even where the two older siblings were conceived in an abusive relationship

AT v Secretary of State for Work and Pensions (UC)
[2023] UKUT 148 (AAC)
UA-2022-000858-UOTH

24 July, 2023

High Court rules that Home Office system for supporting asylum seekers while they wait for their asylum claims to be determined is unlawful

HA & Ors v Secretary of State for the Home Department [2023] EWHC 1876 (Admin)

11 July, 2023

Court of Appeal rules that UK Disability Survey did not constitute a consultation and so did not attract obligations including to ‘permit intelligent consideration and response’

Secretary of State for Work and Pensions, R (on the application) v Eveleigh & Ors (formerly Binder & Ors) [2023] EWCA Civ 810

12 June, 2023

Court of Appeal upholds ruling that DWP acted unlawfully by failing to seek representations from claimants before applying third party deductions for utility debts

Timson, R (On the Application Of) v Secretary of State for Work and Pensions [2023] EWCA Civ 656

9 June, 2023

Tribunal’s failure to distinguish between evidence of learning difficulties and learning disability amounted to error of law

PW by his appointee v Secretary of State for Work and Pensions
[2023] UKUT 121 (AAC)
UA-2023-000041-PIP