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Welfare rights
(Court of Session)

19 January, 2022

Court of Session confirms that provisions that enable refugees to make backdated child tax credit claims from the date they sought asylum continue to apply where that date was before the introduction of full service universal credit

Reclaiming motion by Her Majesty's Revenue and Customs against Mr Ali Adnan and Mrs Saima Adnan [2022] ScotCS CSIH 2

16 June, 2021

Court of Session rules that provision for refugees to make a backdated claim for tax credits from the date they sought asylum to 31 January 2019 continues to apply

Petition of Ali Adnan and Mrs Saima Adnan for judicial review [2021] ScotCS CSOH_63

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

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

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

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

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

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