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Welfare rights

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

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

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

12 December, 2022

Before refusing universal credit on a right to reside ground to a claimant with pre-settled status, Secretary of State must be satisfied that refusal would not prevent them living in dignity

Secretary of State for Work and Pensions v AT (Aire Centre and IMA intervening)
[2022] UKUT 330 (AAC)
UA-2022-001067-USTA

5 December, 2022

Court of Appeal dismisses challenge to universal credit disabled student rules

Kays, R (On the Application Of) v Secretary of State for Work and Pensions [2022] EWCA Civ 1593

22 November, 2022

First-tier Tribunal failed to give adequate reasons for decision not to exercise discretion to extend 13-month absolute time limit for appealing

KD v Secretary of State for Work and Pensions
[2021] UKUT 329 (AAC)
UA-2021-001557

9 November, 2022

Claimants are not required to satisfy all of the elements of the definition of ‘take nutrition’ in order to score points under PIP daily living descriptor 2(b)

CW v Secretary of State for Work and Pensions (PIP)
[2022] UKUT 281 (AAC)
UA-2021-000241-PIP