Court of Session - Welfare rights case law

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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

Welfare rights case law (Court of Session)

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

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

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

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

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

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

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

[2014] CSIH 39

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

Judicial review of Upper Tribunal decisions in Scotland

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

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

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

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

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

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

Incapacity for work: ability to lift and carry

EMP’s evidence and bias

Habitual residence and Child Support

EMPs as medical members on tribunals