Other - Welfare rights case law

22 April, 2024

Court of Appeal provides guidance on right to claim damages for breach of human rights in circumstances where losses relate to failure to lift NRPF condition as it was in 2020 to prevent destitution

ASY & Ors v Home Office [2024] EWCA Civ 373

11 March, 2024

Scottish tribunal erred in law by failing to allow late claim for funeral expenses under provisions that relax deadlines if reason for lateness is ‘related’ to coronavirus

CD v Social Security Scotland
[2024] UT 12
UTS/AS/23/0031

4 January, 2024

Evidence that comes to light later, but relates to the time a decision was made, can be used to establish whether a decision was made based on a mistake as to a material fact

Secretary of State for Work and Pensions v SV
[2023] UKUT 279 (AAC)
UA-2023-000362-USTA

24 July, 2023

High Court rules that Home Office system for supporting asylum seekers while they wait for their asylum claims to be determined is unlawful

HA & Ors v Secretary of State for the Home Department [2023] EWHC 1876 (Admin)

11 July, 2023

Court of Appeal rules that UK Disability Survey did not constitute a consultation and so did not attract obligations including to ‘permit intelligent consideration and response’

Secretary of State for Work and Pensions, R (on the application) v Eveleigh & Ors (formerly Binder & Ors) [2023] EWCA Civ 810

8 March, 2023

High Court rules that failure to provide NINo on biometric residence permit of claimant granted leave to remain under Destitute Domestic Violence Concession was not unlawful

BK, R (On the Application Of) v Secretary of State for Work and Pensions & Anor [2023] EWHC 378 (KB)

21 December, 2022

High Court rules that Home Secretary is acting unlawfully by failing to provide for essential living needs of asylum seekers

R (on the application of CB) v Secretary of State for the Home Department [2022] EWHC 3329 (Admin)

21 October, 2022

Provisions relating to national insurance credits for unemployment do not only apply to people who are jobseeker’s allowance claimants

KL v the Secretary of State for Work and Pensions
[2022] UKUT 270 (AAC)
UA-2021-000270-JSA

10 February, 2022

Need for a man in his early sixties to have to make a claim for a winter fuel payment when a woman of the same age would receive an automatic award on her claiming state pension does not constitute indirect discrimination

JE v Secretary of State for Work and Pensions (SF)
[2022] UKUT 12 (AAC)
CIS/191/2021

26 January, 2022

High Court rules that DWP’s National Disability Strategy is unlawful as consultation process failed to provide for ‘intelligent consideration and response’

Binder & Ors v Secretary of State for Work and Pensions [2022] EWHC 105 (Admin)

12 October, 2021

For the purposes of a funeral expenses payment, a funeral is an event involving final disposal of the deceased’s body and ceremonies closely related to that in nature, time, and place

JEC v Secretary of State for Work and Pensions (SF)
[2021] UKUT 243 (AAC)
CSIS/256/2020

30 April, 2021

High Court rules that government’s ‘no recourse to public funds’ policy unlawfully fails to safeguard and promote the welfare of children

ST & Anor v Secretary of State for the Home Department [2021] EWHC 1085 (Admin)

19 August, 2020

Court of Appeal in Northern Ireland rules that provisions allowing widowed parent's allowance to be suspended when claimant began to cohabit, and to be terminated when she remarried, were not unlawful

Lennon, Re Application for Judicial Review [2020] NICA 15

23 July, 2020

High Court rules that requirement to repay a ‘Loan for Mortgage Interest’ immediately on the sale of a property is not incompatible with Article 14 of the ECHR

Vincent & Ors, R (On the Application Of) v Secretary of State for Work And Pensions [2020] EWHC 1976 (Admin)

25 June, 2020

Whether First-tier Tribunal’s enforcement reference to Upper Tribunal, relating to Secretary of State’s failure to comply with direction to provide summary of ESA adjudication history, was valid

RG v Secretary of State for Work and Pensions (Enforcement Reference)
[2020] UKUT 79 (AAC)
ENF/1494/2019

16 June, 2020 Open access

High Court rules that government decisions on Coronavirus Job Retention Scheme and changes to statutory sick pay were not unlawful in relation to ‘limb b workers’

Adiatu & Anor, R (On the Application Of) v Her Majesty's Treasury [2020] EWHC 1554 (Admin)

22 May, 2020

High Court rules that government’s ‘no recourse to public funds’ regime is unlawful in cases where applicant will imminently suffer inhuman or degrading treatment without recourse

R (W, A Child By His Litigation Friend J) v The Secretary of State for the Home Department & Anor [2020] EWHC 1299 (Admin)

7 October, 2019

Tribunal should have exercised power to extend time to apply for carer contributions credits afresh rather than merely review decision maker’s exercise of power

UK/1118/2019

28 February, 2019

DWP's 'workaround' to provide email communications to disabled claimant was sufficient to meet its duties under the Equality Act 2010

[2019] EWHC 395 (Admin)

Welfare rights (Other)

ASY & Ors v Home Office [2024] EWCA Civ 373

R (on the application of CB) v Secretary of State for the Home Department [2022] EWHC 3329 (Admin)

Welfare rights
(Other)