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30 August, 2024

Claimant’s ‘salary sacrifice’ pension contributions did not form part of earnings when establishing if they exceeded the permitted work earnings limit for ESA

Secretary of State for Work and Pensions v NC
[2024] UKUT 251 (AAC)
UA-2023-001781-ESA

29 August, 2024

Northern Ireland Commissioner rules that tribunal that determined a WCA appeal in the absence of the claimant and without the UC50 questionnaire was procedurally unfair

DJ v Department for Communities (UC)
[2024] NICom21
C4/24-25(UC)

23 August, 2024

Tribunal erred in conflating test of whether claimant could carry out activity safely with test of whether descriptor satisfied more than 50 per cent of the time

JT v Secretary of State for Work and Pensions
[2024] UKUT 211 (AAC)
UA-2023-001449-PIP

19 August, 2024

Universal credit claimant’s failure to re-verify his identity did not give rise to overpayment from start of claim

RA v Secretary of State for Work and Pensions (UC)
[2024] UKUT 207 (AAC)
UA-2023-000333-USTA

16 August, 2024

Tribunal erred in law by failing to adjourn paper hearing in order to allow the claimant an opportunity to respond to its concerns about his credibility

MR v Secretary of State for Work and Pensions
[2024] UKUT 199 (AAC)
UA-2024-000145-ULCW

14 August, 2024

Tribunal should have decided for itself whether to average the earnings of a carer’s allowance claimant over a ‘recognisable cycle’ instead of reviewing the rationality of the Secretary of State’s decision not to do so

SL v Secretary of State for Work and Pensions (CA)
[2024] UKUT 228 (AAC)
UA-2023-000737+739-CA

12 August, 2024

Court of Session confirms that deductions may be made from pension credit to repay crisis loans and that obligation to make repayment does not extinguish after five years

Petition of Alan Houston for Judicial Review of a decision by the Secretary of State for Work and Pensions
[2024] CSOH 79

1 August, 2024

Assessment of frequency of claimant’s ‘extreme disruptive behaviour’ required to decide whether ‘severe mental impairment’ criteria for DLA higher rate mobility component is met

CC v Department for Communities
(DLA) [2024] NICom18

29 July, 2024

Tribunal was correct to find that claimant’s reading and writing difficulties fell within the terms of several ADP descriptors and had a causal connection to a ‘physical or mental condition’

Social Security Scotland v AM
[2024] UT 46
UTS/AS/24/0032

25 July, 2024

Factors to consider in assessing whether a person is absent from Great Britain solely in connection with medical treatment for the purposes of qualifying for ESA

Secretary of State for Work and Pensions v NJ
[2024] UKUT 194 (AAC)
UA-2023-000574-ESA ,000576-ESA

24 July, 2024

Compensation for injury to feelings in settlement of an employment tribunal claim is not ‘compensation for personal injury’ that can be disregarded as capital in the calculation of universal credit

DR v Secretary of State for Work and Pensions (UC)
[2024] UKUT 196 (AAC)
UA-2023-000712-USTA

24 July, 2024

Tribunal erred in failing to consider PIP advance claim provisions and to warn claimant that it intended to remove his award

SR v Secretary of State for Work and Pensions
[2024] UKUT 198 (AAC)
UA-2023-001826-PIP

10 July, 2024

Tribunal erred in failing to make sufficient findings of fact about the steps needed and the time taken by the appellant to manage his double incontinence in view of the PIP 'acceptable standard' and 'reasonable time' criteria

MS v Secretary of State for Work and Pensions (PIP)
[2024] UKUT 185 (AAC)
UA-2023-001268-PIP

4 July, 2024

Where claimant has a ‘nil award’ of universal credit, there is no entitlement and it does not passport to full housing benefit

Ipswich Borough Council v TD and the Secretary of State for Work and Pensions (Housing Benefit)
[2024] UKUT 117 (AAC)
UA-2021-000630-HB

4 July, 2024

Northern Ireland Commissioner rules tax credits claim by Polish national with family abroad is both single claim for WTC and joint claim for CTC

HMRC v MG (TC)
[2024] NICom 14
C1/24-25(TC)

1 July, 2024

Northern Ireland Commissioner rules that tribunal faced with a breach of Convention rights arising from a provision of subordinate legislation should disapply that provision where possible

HH-v-Department for Communities (PIP)
[2024] NICom 8
C38/20-21(PIP)

27 June, 2024

Where a claimant has received both carer’s allowance and new-style ESA, the cared-for person is not entitled to a severe disability premium

ST v Secretary of State for Work and Pensions
[2024] UKUT 167 (AAC)
UA-2023-000211-ESA

26 June, 2024

Tribunal failed to give claimant opportunity to comment on website material it relied on to assess her disablement, and reached ‘perverse’ conclusion that she could carry out PIP activities ‘safely’

NH v Secretary of State for Work and Pensions
[2024] UKUT 173 (AAC)
UA-2024-000182-PIP

25 June, 2024

Northern Ireland Commissioner confirms no provision for backdating attendance allowance prior to claim start date, even where delay in claim caused by official body

JW v Department for Communities
[2024] NICom 12

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