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Welfare rights
(Jobseeker’s Allowance)

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

10 January, 2023

Whether tribunal considering further appeal against decision that was finally determined ten years earlier was correct to find that it had no jurisdiction to admit it

AA v Secretary of State for Work and Pensions (JSA)
[2022] UKUT 341 (AAC)
UA-2022-000624-JSA

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)

12 October, 2021

Lump sum advance payments of earnings cannot be disaggregated and notionally attributed to other weeks beyond the period in which they were actually paid in order to meet the first contribution condition for new-style JSA

NH v Secretary of State for Work and Pensions (JSA)
[2021] UKUT 227 (AAC)
CJSA/458/2021

18 August, 2021

DWP, and then tribunal, mistakenly applied jobseeker’s allowance regulations in deciding that claimant’s entitlement to credits should cease after he failed to attend interview

SM v Secretary of State for Work and Pensions (JSA)
[2021] UKUT 179 (AAC)
CJSA/1294/2020

12 April, 2021

Legal effect of Jobseeker’s (Back to Work Schemes) Act 2013 Remedial Order was to compel Secretary of State to supersede tribunal’s decision

MB v Secretary of State for Work and Pensions (JSA)
[2021] UKUT 69 (AAC)
CJSA/2077/2013

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

28 October, 2020

Notification of requirement to attend interview may be given orally / methods of communication set out in regulation 23 of Jobseeker’s Allowance Regulations 1996 are illustrative and not exhaustive

DC v Secretary of State for Work and Pensions (JSA)
[2020] UKUT 257 (AAC)
CJSA/197/2020

1 June, 2020

JSA requirement to be ‘living in’ the Common Travel Area for three months is not invalid under EU law

CL v Secretary of State for Work and Pensions
[2020] UKUT 146 (AAC)
CJSA/1053/2019

7 April, 2020

Whether funds derived from personal injuries compensation held in a joint account are held in a ‘trust’ for the purposes of paragraph 17 of Schedule 8 to the JSA Regulations 1996

Q v Secretary of State for Work and Pensions (JSA)
[2020] UKUT 49 (AAC)
CJSA/2628/2017 and CJSA/1192/2019

3 April, 2020

Whether a tribunal correctly approached the issue of ‘prior information’ of Work Programme requirements in a post-Reilly and Wilson appeal

Secretary of State for Work and Pensions v SD (JSA)
[2020] UKUT 39 (AAC)
CJSA/1393/2015

23 March, 2020

Tribunal erred in law by considering whether claimant was properly referred to the Work Programme when this was not an issue raised on the appeal

Secretary of State for Work and Pensions v CN (JSA)
[2020] UKUT 26 (AAC)
CJSA/1122/2016

17 December, 2019

Whether EU law provides for a ‘secondary’ right to reside as primary carer of under school age child where primary carer is not a family member of other parent

AM v Secretary of State for Work and Pensions and another (JSA, IS and HB)
[2019] UKUT 361 (AAC)
Reported as [2020] AACR 17
CJSA/1637/2017, CIS/1888/2017 and CH/1889/2017

26 November, 2019

Fresh JSA claim not required from A8 jobseeker when pre-May 2009 claim determined after date Worker Registration Scheme held to be no longer lawful

Secretary of State for Work and Pensions v KK (JSA)
[2019] UKUT 313 (AAC)
CJSA/1933/2010

9 August, 2019

Tribunal made insufficient findings of fact about whether claimant, who was sanctioned after refusing to confirm personal details held on Work Programme provider's computer, would have been willing to prove identity by other means

CJSA/3075/2016

25 July, 2019

Whether tribunal justified in switching basis of recovery from that relied on by Secretary of State / sufficiency of secondary evidence to show misrepresentation when claim form no longer available

CJSA/2194/2017 and CJSA/2195/2017

14 January, 2019

Whether a job title or description is required in notice of mandatory work activity / need for Secretary of State to both provide and act on guidance on when referrals are inappropriate

CJSA/4557/2013

19 December, 2018

There is a right of appeal where mandatory reconsideration request on 'any time' grounds made more than 13 months after date of original decision

CSDLA/375/2016 & CSJSA/513/2016

10 October, 2018

Tribunal failed to adequately assess if terms of a jobseeker’s agreement were reasonable to comply with / Allegations of bias and recusal of Upper Tribunal judge

CJSA/2797/2017

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