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Welfare rights

23 May, 2023

Claimant can rely on social assistance benefits paid to a partner in order to demonstrate self-sufficiency where their presence did not increase entitlement

Secretary of State for Work and Pensions v W V (UC)
[2023] UKUT 112 (AAC)
UA-2021-001684-USTA

19 May, 2023

Human rights remedy not available to 71 year old claimant whose PIP mobility component award was not increased to the enhanced rate following terminal illness diagnosis

GH (deceased) (by his wife as his appointee/attorney) v Secretary of State for Work and Pensions (PIP)
[2023] UKUT 104 (AAC)
UA-2022-SCO000053-PIP

15 May, 2023

Information on RTI data feed must be accessed and analysed by a human being in order for it to be ‘known’ to the Secretary of State

WS v Secretary of State for Work and Pensions
[2023] UKUT 81 (AAC)
UA-2022-000292-000293-ESA

5 May, 2023

Universal credit earned income assessment rules are not irrational or unlawful in the case of a claimant who is paid on a fortnightly basis

Secretary of State for Work and Pensions v LM
[2023] UKUT 72 (AAC)
UA-2021-000044-UOTH

21 April, 2023

Court of Appeal rules that the UK was the competent state for the purposes of a DLA claim by a child whose economically active father lived in Belgium

Harrington v Secretary of State for Work And Pensions [2023] EWCA Civ 433
Reported as [2023] AACR 8

30 March, 2023

Over-eating can fall within the scope of PIP activity 2: ‘Taking nutrition’

SO v Secretary of State for Work and Pensions (PIP)
[2023] UKUT 56 (AAC)
UA-2021-001660-PIP

30 March, 2023

Tribunal consulting with District Judge ‘to ensure correct decision was made’ was a breach of natural justice

GT v Secretary of State for Work and Pensions (PIP)
[2023] UKUT 58 (AAC)
UA-2022-001411-PIP

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

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

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)