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Welfare rights
(HB & CTB)

15 November, 2019

Link between provisions relating to ineligible service charges and definition of exempt accommodation / consideration of what constitutes 'general counselling or ... any other support services'

Allerdale BC v JD and others (by their respective appointees) (HB)
[2019] UKUT 304 (AAC)
CH/28/2019, CH/31/2019, CH/34/2019 and CH/36/2019

13 November, 2019

Supreme Court rules that local authority decision makers, the First-tier Tribunal and the Upper Tribunal have power to disapply secondary legislation where it is in breach of Convention rights

RR (AP) (Appellant) v Secretary of State for Work and Pensions (Respondent)
Reported as [2020] AACR 7
[2019] UKSC 52

24 October, 2019

European Court rules that bedroom tax unlawfully discriminates against woman living in a ‘Sanctuary Scheme’ home

[2019] ECHR 753

2 October, 2019

Court of Appeal’s right of residence decision in Ojo must be followed, and Upper Tribunal cases decided without reference to Ojo were given per incuriam

CH/708/2019

24 June, 2019

Entitlement to bedroom under regulation B13 must be determined objectively without reference to physical practicality of accommodating category of actual occupants

[2019] EWCA Civ 1080

15 May, 2019

Supreme Court rules that discrimination faced by lone parents and their young children from the benefit cap is not 'manifestly without reasonable foundation'

[2019] UKSC 21

2 May, 2019

Whether day of departure and return from Great Britain count when calculating permitted four week absence for purposes of housing benefit

CH/2111/2018

17 April, 2019

Whether evidence supporting right to reside as primary carer of self-sufficient Chen child amounts to a maintenance undertaking sufficient to prevent exclusion from housing benefit

CH/1746/2018

12 April, 2019

Application of bedroom tax to gypsy traveller occupying a mobile home was not unlawful / correct approach to assessing whether room counts as bedroom

CSH/793/2014

9 April, 2019

Need for local authority to provide clear evidence of how claimed overpayment calculated

CH/2937/2017 & CH/0258/2018

29 March, 2019

Right to reside as an employed or self-employed claimant has to be decided by reference to EU law when minimum earnings threshold is not met

CH/2085/2018

14 March, 2019

Rent payable in advance of start of tenancy can be immediate arrears for purpose of making direct payments to the landlord / direct payments can continue after arrears reduce below eight weeks

CH/2857/2017

13 March, 2019

Failure of UK authorities to provide an EU jobseeker access to housing benefit not in breach of ECHR

[2018] NIQB 93

18 February, 2019

Local authority's management of Housing Benefit Data Matching Process was not so deficient as to amount to an official error when considering recovery of overpayment

CH/1987/2017

6 February, 2019

Whether claimant was a 'person subject to immigration control' / interpretation of section 115(9)(d) of Immigration and Asylum Act 1999

CH/3592/2017

4 February, 2019

Whether a tribunal correctly assessed the logistics and measurements involved when deciding an adult bed could not fit into a room

CH/177/2017

9 January, 2019

Separated husband and wife who had legally binding agreement giving exclusive use of rooms within dwelling entitled to 'one bedroom self-contained accommodation' rate

CH/3082/2016 & CH/3083/2016 and CH/462/2017 & CH/463/2017

7 January, 2019

Claimant renting from other parent of their children, even if they are only one of two landlords, is treated as not liable under regulation 9(1)(d)

CSH/89/2018

19 November, 2018

Secretary of State's appeals in bedroom tax cases allowed due to Court of Appeal decision in Carmichael but claimants allowed to 'leap-frog' further appeal to Supreme Court

CH/2658/2015 & CH/4674/2014

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