Court of Appeal - Welfare rights case law

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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

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

27 January, 2016

Court of Appeal holds, in overnight care and Sanctuary Scheme cases, that bedroom tax constitutes unlawful discrimination that cannot be justified

[2016] EWCA Civ 29

16 October, 2015

Court of Appeal upholds decision that government consultation on PIP mobility criteria was neither unfair nor unlawful

[2015] EWCA Civ 1033

21 July, 2015

Court of Appeal grants permission for hearing of sanctuary scheme and overnight care bedroom tax appeals

[2015] EWCA Civ 772

20 March, 2015

Court of Appeal considers whether the Jobseeker's Allowance (Mandatory Work Activity Scheme) Regulations were lawfully made

[2015] EWCA Civ 229

27 February, 2015

Court of Appeal rules that UK is entitled to establish a support scheme for asylum seekers which is less generous than mainstream benefits

[2015] EWCA Civ 141
Reported as [2015] AACR 17

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Welfare rights case law (Court of Appeal)

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

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

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

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

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

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

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

[2017] EWCA Civ 1751

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

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

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

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

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

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

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

Court of Appeal holds, in overnight care and Sanctuary Scheme cases, that bedroom tax constitutes unlawful discrimination that cannot be justified

Court of Appeal upholds decision that government consultation on PIP mobility criteria was neither unfair nor unlawful

Court of Appeal grants permission for hearing of sanctuary scheme and overnight care bedroom tax appeals

Court of Appeal considers whether the Jobseeker's Allowance (Mandatory Work Activity Scheme) Regulations were lawfully made

Court of Appeal rules that UK is entitled to establish a support scheme for asylum seekers which is less generous than mainstream benefits