Court of Appeal - Welfare rights case law

24 June, 2019

Entitlement to bedroom under regulation B13 must be determined objectively without reference to physical practicality of accommodating category of actual occupants

[2019] EWCA Civ 1080

17 May, 2019

Meaning of 'income' in pension credit notional retirement pension income rules when value of pension plan is less than claimant’s contributions

[2019] EWCA Civ 839

16 April, 2019

Court of Appeal holds that two-child limit is not incompatible with rights under Articles 8, 12 or 14 of European Convention on Human Rights

[2019] EWCA Civ 615

7 March, 2019

Court of Appeal rules that objective evidence is critical when deciding the ‘genuine and sufficient link’ test for disability benefits

[2019] EWCA Civ 272

31 January, 2019

Regulations delaying PIP award in transfer cases are not discriminatory and cannot be interpreted to lead to earlier award dates in change of circumstances cases

[2019] EWCA Civ 15

15 October, 2018

Northern Ireland Court of Appeal rules that Commissioner correctly assessed ESA activity 14 (coping with change) descriptors against the backdrop of the modern workplace

[2018] NICA 29

23 April, 2018

To show that assistance qualifies as social support requires evidence as to nature, frequency and effect / established relationships do not need to be long term or regular

[2018] EWCA Civ 851

20 March, 2018

Court of Appeal rules that tribunals do not have the power to disapply or ignore bedroom tax regulations

[2018] EWCA Civ 548

15 March, 2018

Court of Appeal rules that the benefit cap does not unlawfully discriminate against lone parents with children under two

[2018] EWCA Civ 504

18 December, 2017

Whether changes to support for mortgage interest loan limits in 2009 discriminate against disabled claimants

[2017] EWCA Civ 2123

27 November, 2017

No need for a formal dispute between EEA States about responsibility for paying benefits before claimants can get provisional payments

[2017] EWCA Civ 1907

8 November, 2017

Court of Appeal rules that extension of Worker Registration Scheme from 2009 to 2011 is unlawful

[2017] EWCA Civ 1751

6 November, 2017

Approach to take when assessing whether a person is 'ordinarily resident' in the UK for the purposes of a joint tax credit claim

[2017] EWCA Civ 1756

22 June, 2017

Court of Appeal rules that former self-employed carer of a child in education does not have a derived right to reside in the UK

[2017] EWCA Civ 794

22 December, 2016

Woman who was not married to her deceased partner is not entitled to widowed parent’s allowance

[2016] NICA 53

2 December, 2016

Court of Appeal rules that 'unreasonably high' rent determinations for private sector rents must not artificially limit comparisons to unsubsidised alternatives

[2016] EWCA Civ 1211
Reported as [2017] AACR 8

28 July, 2016

Court of Appeal rules that the DWP cannot restrict publication of details of organisations hosting 'workfare' placements

[2016] EWCA Civ 758

30 April, 2016

Court of Appeal upholds that retrospective legislation relating to back-to-work scheme is 'incompatible' with ECHR but nevertheless legislation remains 'effective'

[2016] EWCA Civ 413
Reported as [2017] AACR 14

21 April, 2016

ESA is ‘social assistance’ and not a ‘labour market-related benefit’

[2016] EWCA Civ 395
Reported as [2017] AACR 12

Welfare rights (Court of Appeal)

[2019] EWCA Civ 1080

[2018] EWCA Civ 851