Court of Appeal - Welfare rights case law

22 April, 2024

Court of Appeal provides guidance on right to claim damages for breach of human rights in circumstances where losses relate to failure to lift NRPF condition as it was in 2020 to prevent destitution

ASY & Ors v Home Office [2024] EWCA Civ 373

1 March, 2024

Court of Appeal rules that there is no requirement for a universal credit claimant to request backdating before their claim is determined

Secretary of State for Work and Pensions v Miah
[2024] EWCA Civ 186

22 January, 2024

Court of Appeal rules that section 38(1A) Tax Credits Act 2002 provisions that prevent appeals following HMRC refusal to extend time to seek review are ‘ultra vires’ the enabling legislation

Commissioners for His Majesty's Revenue and Customs v Arrbab
[2024] EWCA Civ 16

8 November, 2023

Court of Appeal rules that DWP must carry out individualised assessments of whether refusal to award universal credit to claimants with pre-settled status would breach their right to live in dignity

SSWP v AT (AIRE Centre and IMA intervening)
[2023] EWCA Civ 1307

12 October, 2023

Court of Appeal rules that denial of bereavement support payment to family of deceased woman who had been unable to work and pay NI contributions due to severe disability is unlawful

Jwanczuk v Secretary of State for Work and Pensions [2023] EWCA Civ 1156

31 July, 2023

Court of Appeal rules that a guaranteed minimum pension received by a widow from her deceased husband’s occupational pension can be lawfully deducted from her own additional state pension

Robins v Secretary of State for Work and Pensions [2023] EWCA Civ 890

21 July, 2023

Court of Appeal rules that it has jurisdiction to consider appeal against Upper Tribunal’s refusal to set aside earlier decision to refuse permission to appeal

Plescan v Secretary of State for Work and Pensions [2023] EWCA Civ 870

11 July, 2023

Court of Appeal rules that UK Disability Survey did not constitute a consultation and so did not attract obligations including to ‘permit intelligent consideration and response’

Secretary of State for Work and Pensions, R (on the application) v Eveleigh & Ors (formerly Binder & Ors) [2023] EWCA Civ 810

12 June, 2023

Court of Appeal upholds ruling that DWP acted unlawfully by failing to seek representations from claimants before applying third party deductions for utility debts

Timson, R (On the Application Of) v Secretary of State for Work and Pensions [2023] EWCA Civ 656

25 May, 2023

Court of Appeal rules that Secretary of State’s practice of excluding claimants awaiting verification of national insurance number applications from advance payments of universal credit is unlawful

Bui, R (On the Application Of) v Secretary of State for Work and Pensions (Re Universal Credit) [2023] EWCA Civ 566

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

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

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

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

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

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

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

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

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

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

13 October, 2021

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

Salvato, R (On the Application Of) v The Secretary of State for Work And Pensions [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

Pantellerisco & Ors v The Secretary of State for Work And Pensions (Rev2) [2021] EWCA Civ 1454

Welfare rights (Court of Appeal)

ASY & Ors v Home Office [2024] EWCA Civ 373

Plescan v Secretary of State for Work and Pensions [2023] EWCA Civ 870

Welfare rights
(Court of Appeal)