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23 March, 2023

Claimant not entitled to assume DWP knew daughter was living with him because she was claiming ESA from same address

MW v Secretary of State and Work and Pensions (ESA)
[2023] UKUT 50 (AAC)
UA-2021-001803-ESA & UA-2021-000859-ESA

21 March, 2023

Payments to child care provider made to reserve children’s places during Covid-19 lockdown did not amount to ‘relevant child care charges for the purposes of regulation 28 of the Housing Benefit Regulations 2006

Manchester City Council v NG
[2023] UKUT 51 (AAC)
UA-2022-000787-HB

20 March, 2023

Legal effect of Court of Appeal’s declaration in Johnson that universal credit earnings assessment rules were irrational and unlawful can apply to periods before the Court’s decision

JN v Secretary of State for Work and Pensions (UC)
[2023] UKUT 49 (AAC)
UA-2022-SCO-000030-UC
Reported as [2023] AACR 7

17 March, 2023

Universal credit child element is not a social security family benefit for the purposes of Regulation (EC) 883/2004

Secretary of State for Work and Pensions v MS (UC)
[2023] UKUT 44 (AAC)
UA-2021-001957-UCH

14 March, 2023

Claim for housing benefit could not be backdated to start of universal credit severe disability gateway in case where claimant had retrospective award of ESA severe disability premium for period before gateway started

PR v SSWP and Allerdale BC (HB)
[2023] UKUT 34 (AAC)
UA-2021-001073-HB

8 March, 2023

High Court rules that failure to provide NINo on biometric residence permit of claimant granted leave to remain under Destitute Domestic Violence Concession was not unlawful

BK, R (On the Application Of) v Secretary of State for Work and Pensions & Anor [2023] EWHC 378 (KB)

21 February, 2023

Tax refund received through PAYE counts as earned income for universal credit / claimant is ‘in paid work’ where contract of employment continues through unpaid sick leave

(1) SK (2) DK v Secretary of State for Work and Pensions
[2023] UKUT 21 (AAC)
UA-2021-000228-UOTH
Reported as [2023] AACR 5

7 February, 2023

High Court rules that DWP decision not to waive recovery of universal credit overpayment caused by official error was unlawful

K, R (on the application of) v Secretary of State for Work and Pensions [2023] EWHC 233 (Admin)

6 February, 2023

Person who is 16 years old but still of compulsory school age cannot claim carer’s allowance even if they are home educated and not receiving full-time education

Secretary of State for Work and Pensions v BC (CA)
[2023] UKUT 10 (AAC)
UA-2021-000272-CA

1 February, 2023

Excluding surviving partner of cohabiting couple without children from bereavement payment and bereavement allowance is not discriminatory

HM v Secretary of State for Work and Pensions (BB); MK v Secretary of State for Work and Pensions (BB)
[2023] UKUT 15 (AAC)
UA-2019-000638-BB & UA-2020-001686-BB

1 February, 2023

Tribunal hearing appeal against HMRC decision to end tax credits following universal credit claim is limited to determining whether SSWP is in fact satisfied that claimant meets basic conditions of entitlement to universal credit

His Majesty's Revenue and Customs v Secretary of State for Work and Pensions and GS (TC)
[2023] UKUT 9 (AAC)
UA-2021-001437-TC and UA-2021-001302-TC

30 January, 2023

Medical tribunal member using a ‘brisk and business-like’ approach was in keeping with Social Entitlement Chamber’s inquisitorial ethos

GJ v Secretary of State for Work and Pensions (PIP)
[2022] UKUT 349 (AAC)
UA-2021-001936-PIP

18 January, 2023

Tribunal hearing appeal against HMRC decision to terminate tax credits following claim for universal credit did not have jurisdiction to consider whether DWP was entitled to be satisfied that basic universal credit conditions were met

His Majesty's Revenue & Customs v The Secretary of State for Work and Pensions and SA (TC)
[2022] UKUT 350 (AAC)
UA-2020-000563-TC
Reported as [2023] AACR 4

17 January, 2023

Court of Appeal upholds High Court ruling that Secretary of State did not act unlawfully in deciding not to uprate legacy benefits in line with universal credit from 6 April 2021

T & Ors v Secretary of State for Work & Pensions [2023] EWCA Civ 24

12 January, 2023

Tribunal correctly assessed that claimant could not establish ‘exceptional circumstances’ to enable PIP appeal, prompted by an unsuccessful LEAP review, outside 13-month absolute time limit

GJ v Secretary of State for Work and Pensions (PIP)
[2022] UKUT 340 (AAC)
UA-2021-001099-CPIP

10 January, 2023

When considering a backdating request for universal credit, tribunal should consider whether original claim included an ‘implied claim’ for a past period

WB v Secretary of State for Work and Pensions (UC)
[2022] UKUT 332 (AAC)
UA-2022-000123-USTA

10 January, 2023

Whether tribunal considering further appeal against decision that was finally determined ten years earlier was correct to find that it had no jurisdiction to admit it

AA v Secretary of State for Work and Pensions (JSA)
[2022] UKUT 341 (AAC)
UA-2022-000624-JSA

21 December, 2022

High Court rules that Home Secretary is acting unlawfully by failing to provide for essential living needs of asylum seekers

R (on the application of CB) v Secretary of State for the Home Department [2022] EWHC 3329 (Admin)

19 December, 2022

Where Upper Tribunal has accepted appeal on one ground, it need not address other grounds

FW v Secretary of State for Work and Pensions (PIP)
2022 UKUT 304 (AAC)
UA-2021-000810-PIP

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