Court of Appeal - Welfare rights case law

9 May, 2022

Court of Appeal in Northern Ireland upholds High Court decision that 13 week housing benefit temporary absence rules that apply to serving prisoners do not breach human rights law

[2022] NICA 21
Taylor v The Department for Communities and The Department for Work and Pensions

8 February, 2022

Court of Appeal confirms that provision for refugees to make a backdated child tax credit claim from the date they sought asylum continues to apply where that date was before the introduction of full service universal credit

[2022] EWCA Civ 120
DK, R (On the Application Of) v HM Revenue and Customs [2022] EWCA Civ 120

11 January, 2022

Court of Appeal rules that suspension of DLA after 28 days in hospital did not breach severely disabled adult’s rights under Article 14 ECHR

[2022] EWCA Civ 1
MOC v Secretary of State for Work And Pensions

29 November, 2021

Court of Appeal rules that Article 7 of Regulation 883/2004 cannot be invoked to provide an independent basis to enable export of child benefit when a claimant moves to another EU Member State

[2021] EWCA Civ 1724
Carrington v Her Majesty's Revenue And Customs

13 October, 2021

Court of Appeal holds that ‘Proof of Payment Rule’ requiring universal credit claimants to pay for childcare upfront is not unlawful

[2021] EWCA Civ 1482

11 October, 2021

Court of Appeal rules that universal credit benefit cap earnings assessment is not irrational and unlawful in the case of a four-weekly paid claimant

[2021] EWCA Civ 1454

10 September, 2021

Court of Appeal rules that bereavement benefits cannot be paid under the law as it currently stands to surviving partner of religious polygamous marriage not recognised in England and Wales

[2021] EWCA Civ 1353

4 August, 2021

Court of Appeal in Northern Ireland overturns High Court judgment that differential treatment of claimants under terminal illness provisions is unlawful

[2021] NICA 46

29 June, 2021

Court of Appeal refuses permission to appeal against High Court decision that treatment of maternity allowance as unearned income for the purposes of universal credit is not unlawful

[2021] EWCA Civ 970

22 February, 2021

Court of Appeal considers whether to hear appeal on points of law not previously raised by HMRC

[2021] EWCA Civ 174

18 December, 2020

Court of Appeal rules that government acted unlawfully in barring EU citizens from relying on ‘pre-settled status’ to access universal credit

[2020] EWCA 1741

15 September, 2020

Court of Appeal rejects challenge to increase in women’s state pension age

[2020] EWCA Civ 1199

19 August, 2020

Court of Appeal in Northern Ireland rules that provisions allowing widowed parent's allowance to be suspended when claimant began to cohabit, and to be terminated when she remarried, were not unlawful

[2020] NICA 15

17 August, 2020

Court of Appeal in Northern Ireland rules that contribution conditions for bereavement payment should be treated as met if deceased person was unable to work and pay contributions due to disability

[2020] NICA 36

11 August, 2020

Denial of bereavement support payment to family of a deceased woman who had been unable to work and pay NI contributions due to severe disability breached ECHR

[2020] NICA 36

1 July, 2020

Court of Appeal rules that UK was not competent Member State in case where claim for carer’s allowance was made by claimant who had moved to Cyprus having lived and worked in UK

[2020] EWCA Civ 809
Reported as [2020] AACR 21

22 June, 2020

Court of Appeal rules that Work and Pensions Secretary acted irrationally and unlawfully by failing to adapt earned income assessment rules to account for impact on certain universal credit claimants

[2020] EWCA Civ 778

12 May, 2020

Court of Appeal rules that failure to provide transitional protection for claimants who transferred to universal credit following incorrect legacy benefit decision was unlawful

[2020] EWCA Civ 618

29 January, 2020

Court of Appeal upholds High Court judgments that failure to protect income of severely disabled claimants migrating to universal credit is unlawful

[2020] EWCA Civ 37

Welfare rights (Court of Appeal)

[2022] NICA 21 Taylor v The Department for Communities and The Department for Work and Pensions

[2021] EWCA Civ 1353

Welfare rights
(Court of Appeal)

[2022] NICA 21
Taylor v The Department for Communities and The Department for Work and Pensions