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Welfare rights
(Upper Tribunal)

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

16 November, 2023

Income from student maintenance loan that was used to pay tuition fees did not reduce the amount to be taken into account in the calculation of income for universal credit

Secretary of State for Work and Pensions v AD (UC)
[2023] UKUT 272 (AAC)
UA-2023-000542-USTA & UA-2023-000543-USTA

15 November, 2023

First-tier Tribunal for Scotland erred in failing to consider exercising its power to call for further evidence

NB v Social Security Scotland
2023 UT 35
UTS/AS/23/0030

10 November, 2023

Tribunal’s failure to apply discretion to average weekly earnings of carer’s allowance claimant whose earnings fluctuated amounted to error of law

KR v SSWP (CA)
[2023] UKUT 202 (AAC)
UA-2021-001544-CA

10 October, 2023

Failure of data-sharing exercise between DWP and HMRC, where claimant did not subsequently report change of circumstances, did not amount to ‘official error’

KI v Secretary of State for Work and Pensions
[2023] UKUT 212 (AAC)
UA-2018-000285-TC

10 October, 2023

Whether or not a claimant is ‘taking advantage’ of the housing benefit scheme is a fact-specific assessment

London Borough of Hammersmith & Fulham v FJ
[2023] UKUT 203 (AAC)
UA-2022-001625-HB

15 September, 2023

First-tier Tribunal applied correct test when deciding what were ‘essential’ repairs for a disabled claimant under temporary absence provisions of regulation 7(4) of Housing Benefit Regulations 2006

SH v London Borough of Southwark
[2023] UKUT 198 (AAC)
UA-2021-001818-HB

6 September, 2023

Notional income from student loan was not to be taken into account in case where student did not apply for loan due to religious beliefs

IB v Gravesham Borough Council and Secretary of State for Work and Pensions
[2023] UKUT 193 (AAC)
UA-2019-001395-HB

4 September, 2023

Meaning of ‘care’ and whether it must be required in order to establish entitlement to an additional bedroom for an overnight carer

SM v Secretary of State for Work and Pensions (UHC)
[2023] UKUT 176 (AAC)
UA-2022-000261-UHC

16 August, 2023

British claimant who was unable to return to the UK for medical reasons could not be exempted from the PIP past presence test

AT v Secretary of State for Work and Pensions (PIP)
[2023] UKUT 186 (AAC)
UA-2022-001498-PIP

8 August, 2023

First-tier Tribunal erred in changing decision after it had been announced at end of hearing, and in adopting wrong date from which increased PIP rates were payable

KK v Secretary of State for Work and Pensions (PIP)
[2023] UKUT 151 (AAC)
UA-2022-000194-PIP

8 August, 2023

Third country family members can acquire residence rights following dissolution of marriage between third country national and EEA citizen despite omission from EEA Regulations

AT v LB Hillingdon and Secretary of State for Work and Pensions (HB)
[2023] UKUT 149 (AAC)
UA-2020-000117-HB

7 August, 2023

Universal credit is not payable for a third child conceived in a stable relationship even where the two older siblings were conceived in an abusive relationship

AT v Secretary of State for Work and Pensions (UC)
[2023] UKUT 148 (AAC)
UA-2022-000858-UOTH

7 August, 2023

Periods of residence in Australia before March 2001 cannot be used to increase ‘Step 2’ calculation of transitional rate new state pension

DB v Secretary of State for Work and Pensions [2023] UKUT 144 (AAC)

26 July, 2023

Whether tax credits eight-week temporary absence rule can be relaxed in cases where claimant unable to return to UK as a result of Covid-19-related travel restrictions

GL v His Majesty's Revenue & Customs
[2023] UKUT 100 (AAC)
UA-2021-000785-TC

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

9 June, 2023

Tribunal’s failure to distinguish between evidence of learning difficulties and learning disability amounted to error of law

PW by his appointee v Secretary of State for Work and Pensions
[2023] UKUT 121 (AAC)
UA-2023-000041-PIP

30 May, 2023

Change to PIP past presence test from September 2021 does not assist Afghan-British national who was unlawfully imprisoned in Afghanistan for more than three years prior to making claim

HRA v Secretary of State for Work and Pensions
[2023] UKUT 109 (AAC)
UA-2022-001458-PIP

23 May, 2023

Claimant can rely on social assistance benefits paid to a partner in order to demonstrate self-sufficiency where their presence did not increase entitlement

Secretary of State for Work and Pensions v W V (UC)
[2023] UKUT 112 (AAC)
UA-2021-001684-USTA

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