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Welfare rights
(ESA)

12 March, 2024

Definition of prisoner for the purposes of eligibility for ESA does not include those sentenced to imprisonment by the civil courts for civil offences

JC v SSWP
[2024] UKUT 13 (AAC)
UA-2023-000926-ESA

5 February, 2024

Tribunal erred in law in finding claimant’s disclosure of intention to claim occupational pension in the near future discharged the obligation to disclose as communicated in ESA40 booklet

Secretary of State for Work and Pensions v NS
[2024] UKUT 5 (AAC)
UA-2021-000249/250-ESA

1 December, 2023

Consent of cared for person is not a necessary part of a claim for and award of carer’s allowance

Secretary of State for Work and Pensions v GK
[2023] UKUT 273 (AAC)
UA-2023-SCO-000065-ESA

21 June, 2023

Tribunal’s failure to find that former prisoner should be disqualified from receiving payments of contributory ESA for period of sentence amounted to error of law

Secretary of State for Work and Pensions v NC (ESA)
[2023] UKUT 124 (AAC)
UA-2022-000802-ESA

12 June, 2023

Court of Appeal upholds ruling that DWP acted unlawfully by failing to seek representations from claimants before applying third party deductions for utility debts

Timson, R (On the Application Of) v Secretary of State for Work and Pensions [2023] EWCA Civ 656

15 May, 2023

Information on RTI data feed must be accessed and analysed by a human being in order for it to be ‘known’ to the Secretary of State

WS v Secretary of State for Work and Pensions
[2023] UKUT 81 (AAC)
UA-2022-000292-000293-ESA

23 March, 2023

Claimant not entitled to assume DWP knew daughter was living with him because she was claiming ESA from same address

MW v Secretary of State and Work and Pensions (ESA)
[2023] UKUT 50 (AAC)
UA-2021-001803-ESA & UA-2021-000859-ESA

17 January, 2023

Court of Appeal upholds High Court ruling that Secretary of State did not act unlawfully in deciding not to uprate legacy benefits in line with universal credit from 6 April 2021

T & Ors v Secretary of State for Work & Pensions [2023] EWCA Civ 24

26 September, 2022

High Court rules that DWP acts unlawfully by failing to seek representations from claimants before applying third party deductions for utility debts

Timson, R (On the Application Of) v Secretary 0f State for Work and Pensions [2022] EWHC 2392 (Admin)

18 February, 2022 Open access

High Court dismisses judicial review challenge to decision not to extend Covid-19-related universal credit uplift to legacy benefits

T & Ors, R (On the Application Of) v Secretary of State for Work And Pensions [2022] EWHC 351 (Admin)

17 February, 2022

Requirement to consider ‘real world’ market when valuing a jointly owned property occupied by someone who is unwilling to sell

PF v Department for Communities (ESA)
[2022] NICom 5
C7/21-22(JSA)

27 July, 2021

When a claimant’s experienced representative does not address an issue raised by an appeal, the First-tier Tribunal is still under a duty to consider it

KN v Secretary of State for Work and Pensions (ESA)
2021 [UKUT] 155 (AAC)
CSE/197/2020

23 June, 2021

First-tier Tribunal bound by decisions of the Upper Tribunal and, in particular, IM v SSWP

CT v Secretary of State for Work and Pensions (ESA)
[2021] UKUT 131 (AAC)
CE/1632/2020

14 June, 2021

Shortcomings in DWP’s decision-making, investigation and record-keeping in overpayment case amount to errors of law / legal mechanism for reviving old-style ESA after contributory ESA exhausted

RS v Secretary of State for Work & Pensions (ESA)
[2021] UKUT 112 (AAC)
CE/1941, 1942 & 1943/2018

19 May, 2021

Whether tribunal erred in law by relying on evidence that it did not disclose to claimant / substantial risk under regulation 35 and requirement to consider risk to others

MH v Secretary of State for Work and Pensions (ESA)
[2021] UKUT 90 (AAC)
CE/685/2020

4 March, 2021

High Court dismisses challenge brought by family of deceased claimant against DWP’s safeguarding policies

Turner, R (On the Application Of) v Secretary of State for Work and Pensions [2021] EWHC 465 (Admin)

5 February, 2021

Whether tribunal properly exercised discretion to impose civil penalty

CT v Secretary of State for Work and Pensions
[2021] UKUT 6 (AAC)
CE/2770/2019 & CE/145 & 146/2020

11 January, 2021

Whether benefit awards made to claimant using a fictitious identity that had been granted British Citizenship were properly revised, reversed and found recoverable

ED v Secretary of State for Work and Pensions
[2020] UKUT 352 (AAC)
CJSA/2368/2373/2377 & 2381/2017, CE/2384 & 2388/2017 and CIS/2390/2395 & 2396/2017

11 November, 2020

Payments from discretionary trust established under claimant’s parents’ wills were ‘voluntary payments’ and fell to be disregarded

SM v Secretary of State for Work and Pensions (ESA)
[2020] UKUT 265 (AAC)
CE/1849/2019

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