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Welfare rights
(ESA)

30 October, 2020

Apparent bias of First-tier Tribunal that used knowledge of claimant gained from previous hearings / whether use of tribunal clerk to communicate with claimant prior to hearing was appropriate

BF v Secretary of State for Work and Pensions (ESA)
[2019] UKUT 420 (AAC)
CE/1285/2018

27 October, 2020

Claimant entitled to assume decision made on benefit award would be communicated to other relevant benefit offices / Department for Communities could not rely on House of Lords’ judgment in Hinchy

SK-v-Department for Communities (ESA)
[2020] NICom 73
C9/20-21(ESA)

12 August, 2020

Whether non-EEA claimant with permanent residence who is a former spouse of EEA national is required to meet qualifying conditions relating to family members who can retain right of residence

MS v Secretary of State for Work and Pensions (ESA)
[2020] UKUT 235 (AAC)
CE/2356/2019

7 August, 2020

Whether DWP’s former practice of only providing tribunals with examples of least demanding work-related activities in ESA appeals was flawed

MR v Secretary of State for Work and Pensions (ESA)
[2020] UKUT 210 (AAC)
CE/1689/2018

24 July, 2020

High Court rules that mandatory reconsideration requirement as it applies to ESA claimants who meet the conditions for payment while appeal pending is unlawful

Connor, R (On the Application Of) v The Secretary of State for Work And Pensions [2020] EWHC 1999 (Admin)

15 July, 2020

Secretary of State should, where relevant, provide claimant’s ESA adjudication history and action plan in appeal response to First-tier Tribunal

RP v Secretary of State for Work and Pensions (ESA)
[2020] UKUT 148 (AAC)
CE/2506/2018

5 May, 2020

Letter inviting claimant to medical examination did not impose legal requirement to attend / tribunal could not lawfully decide that claimant had failed to attend examination without seeing appointment letter

PPE v Secretary of State for Work and Pensions (ESA)
[2020] UKUT 59 (AAC)
CE/2126/2018

21 April, 2020

Reconvened tribunal hearing must be before exactly the same panel or a completely different one

SW v Secretary of State for Work and Pensions (ESA)
[2019] UKUT 415 (AAC)
CE/1134/2019

31 March, 2020

Tribunal wrongly decided to determine appeal without oral hearing when claimant had requested one / guidance on exercising power to abridge time limit to apply for set aside

LM v Secretary of State for Work and Pensions (ESA)
[2020] UKUT 41 (AAC)
CE/1901/2019

13 February, 2020

Whether a tribunal should proceed in claimant’s absence when ESA50 is missing from papers / whether a request for an all-female tribunal panel was reasonable

CB v Secretary of State for Work and Pensions (ESA)
[2020] UKUT 15 (AAC)
CE/238/2019

11 February, 2020

Circumstances where a tribunal may have a duty to telephone claimant to establish reasons for non-attendance before proceeding to hear a case in their absence

KD v Secretary for Work and Pensions (ESA and IS) KD v Her Majesty's Revenue and Customs (TC)
[2020] UKUT 9 (AAC)
CTC/9/2019, CE/10,11,12 & 13/2019, CIS/14 & 15 2019

20 December, 2019

Whether a claimant's inability to read English is relevant when assessing the ability to understand communication / whether a claimant must have difficulties with understanding both written and spoken communications

RK v Secretary of State for Work and Pensions (ESA)
[2019] UKUT 345 (AAC)
CE/2918/2018

4 December, 2019

Correct approach to assessing right to reside on basis of permanent incapacity

BL v Secretary of State for Work and Pensions (ESA)
[2019] UKUT 364 (AAC)
CSE/43/2019

3 December, 2019

Standards required in statements of reasons / procedural fairness in considering adjournment request

DS v Secretary of State for Work and Pensions (ESA)
[2019] UKUT 347 (AAC)
CSE/303/2019

18 November, 2019

Relevance of previous failures when determining good cause for failure to attend a medical examination

JS v Secretary of State for Work and Pensions (ESA)
[2019] UKUT 303 (AAC)
CE/1167/2019

6 November, 2019

Claimant who has new condition, or worsening of existing condition, to be treated as having limited capability for work from date of repeat ESA claim until date of decision on claim / First-tier Tribunal not bound by DWP's decision on regulation 30

CE/633/2017

2 October, 2019

District Tribunal Judge's refusal to set aside tribunal decision because claimant failed to provide further evidence overturned on basis that claimant had not received request for evidence

CE/40/2019

1 October, 2019

Tribunal’s responsibilities when contemplating use of an informal interpreter at a hearing

CE/1015/2019

13 September, 2019

Supreme Court’s observations in Gubeladze, that factual, not legal, residence is what Article 17(1)(a) of Directive 2004/38 EC requires, also apply to Article 17(1)(b)

CE/98/2015

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