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Welfare rights case law (Court of Session)

24 August, 2017

Social support need not be contemporaneous with engagement but there must be causal link / prompting may constitute social support if it requires an experienced or trained person to provide it

[2017] CSIH 57

1 June, 2017

Factors to be taken into account when establishing whether a room is a bedroom for the purposes of the bedroom tax

[2017] CSIH 35
Reported as [2017] AACR 41

30 January, 2017

Right to reside as a family member of a jobseeker who has ceased to reside in the UK is not excluded for income support purposes

[2017] CSIH 4
Reported as [2017] AACR 21

9 December, 2016

Scope for recovery of an overpayment of benefit almost 8 years after decision that the claimant had been overpaid

[2016] CSOH 170

9 November, 2016

Evidence of a sexual relationship or sexuality is not determinative to 'living together as husband and wife' decisions

[2016] CSIH 84
Reported as [2017] AACR 10

26 November, 2015

Secretary of State's appeal against decision that was in his favour, but that separately found DLA regulation 12(1A) - severe visual impairment and high rate mobility - to be ultra vires, was incompetent

[2015] CSIH 82

1 May, 2014

ESA descriptor 13 and whether engagement in social contact needs to be ‘always’ precluded

[2014] CSIH 39

2 January, 2013

Whether self-employed seasonal worker was ‘in remunerative work’

[2012] CSIH 102
Reported as [2013] AACR 16

13 September, 2010

Judicial review of Upper Tribunal decisions in Scotland

[2010] CSIH 78

1 April, 2010

Whether judicial review available as a means of challenging a decision of the Upper Tribunal in Scotland

[2010] CSOH 45

31 March, 2010

Entitlement to mental health descriptor points in absence of evidence of specific mental illness or disablement

[2010] CSIH 26

17 February, 2010

Whether lower age limit for disability living allowance mobility component is compatible with Europe

[2010] CSOH 15

5 February, 2010

Whether claimant married 'by cohabitation with habit and repute' and therefore entitled to bereavement benefit

[2010] CSIH 7

21 January, 2010

Tribunal’s reliance on written witness statements in preference to oral evidence

[2010] CSIH 04

2 February, 2007

Whether leave to appeal should be granted where a tribunal has reached 'curious if not bizarre' conclusions

[2007] CSOH 01

1 October, 2004

Incapacity for work: ability to lift and carry

[2004] ScotCS 219

9 August, 2004

EMP’s evidence and bias

[2004] ScotCS 211

16 April, 2004

Habitual residence and Child Support

XA165/02

28 November, 2003

EMPs as medical members on tribunals

[2003] ScotCS 292

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