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Welfare rights
(Upper Tribunal)

25 July, 2024

Factors to consider in assessing whether a person is absent from Great Britain solely in connection with medical treatment for the purposes of qualifying for ESA

Secretary of State for Work and Pensions v NJ
[2024] UKUT 194 (AAC)
UA-2023-000574-ESA ,000576-ESA

24 July, 2024

Compensation for injury to feelings in settlement of an employment tribunal claim is not ‘compensation for personal injury’ that can be disregarded as capital in the calculation of universal credit

DR v Secretary of State for Work and Pensions (UC)
[2024] UKUT 196 (AAC)
UA-2023-000712-USTA

24 July, 2024

Tribunal erred in failing to consider PIP advance claim provisions and to warn claimant that it intended to remove his award

SR v Secretary of State for Work and Pensions
[2024] UKUT 198 (AAC)
UA-2023-001826-PIP

10 July, 2024

Tribunal erred in failing to make sufficient findings of fact about the steps needed and the time taken by the appellant to manage his double incontinence in view of the PIP 'acceptable standard' and 'reasonable time' criteria

MS v Secretary of State for Work and Pensions (PIP)
[2024] UKUT 185 (AAC)
UA-2023-001268-PIP

4 July, 2024

Where claimant has a ‘nil award’ of universal credit, there is no entitlement and it does not passport to full housing benefit

Ipswich Borough Council v TD and the Secretary of State for Work and Pensions (Housing Benefit)
[2024] UKUT 117 (AAC)
UA-2021-000630-HB

27 June, 2024

Where a claimant has received both carer’s allowance and new-style ESA, the cared-for person is not entitled to a severe disability premium

ST v Secretary of State for Work and Pensions
[2024] UKUT 167 (AAC)
UA-2023-000211-ESA

26 June, 2024

Tribunal failed to give claimant opportunity to comment on website material it relied on to assess her disablement, and reached ‘perverse’ conclusion that she could carry out PIP activities ‘safely’

NH v Secretary of State for Work and Pensions
[2024] UKUT 173 (AAC)
UA-2024-000182-PIP

24 June, 2024

EU national did not retain worker status for reasons including ‘undue delay’ of three months before making universal credit claim

Secretary of State for Work and Pensions v PC (UC)
[2024] UKUT 186 (AAC)
UA-2022-000316-USTA

7 June, 2024

First-tier Tribunal was not entitled to hear and decide PIP appeal as a two-person tribunal

ZY v SSWP (PIP)
[2024] UKUT 163 (AAC)
UA-2023-001807-PIP

5 June, 2024

Tribunal’s failure to apply temporary absence from GB disregard to claimant caught by Covid-19 travel restrictions amounted to error of law

AM v Secretary of State for Work and Pensions (UC)
[2024] UKUT 137 (AAC)
UA-2023-001439-USTA

31 May, 2024

Criminal activity counted as work and receipts from that activity counted as income for ESA purposes

Secretary of State for Work and Pensions v MA
[2024] UKUT 131 (AAC)
UA-2022-001764-ESA

24 May, 2024

Impact of Withdrawal Agreement on operation of PIP past presence test for claimant with EU family member with settled status

ES v SSWP
[2024] UKUT 97 (AAC)
UA-2023-SCO-000146-PIP

22 May, 2024

Tribunal considering claim for universal credit backdating from claimant with disability failed to consider whether hypothetical person in his circumstances could reasonably have been expected to make claim earlier

CU v Secretary of State for Work and Pensions
[2024] UKUT 32 (AAC)
UA-2023-1084-USTA

21 May, 2024

Tribunal must have regard to all the evidence when putting claimant’s credibility into question

HS v The Secretary of State for Work and Pensions
[2024] UKUT 86 (AAC)
UA-2023-001137-PIP

21 May, 2024

Tribunal’s blanket refusal to consider evidence pertinent to risk and safety that post-dated PIP decision under appeal amounted to error of law

JS v The Secretary of State for Work and Pensions
[2024] UKUT 90 (AAC)
UA-2022-000388-PIP

26 April, 2024

Appointee’s failure to disclose duration of claimant’s hospital stay contributed to official error and made overpayment recoverable

DG v Bromley London Borough Council
[2024] UKUT 49 (AAC)
UA-2021-000447-HB

23 April, 2024

First-tier Tribunal must explain how required period condition is met when considering entitlement to adult disability payment

Social Security Scotland v FK
[2024] UT 23
UTS-AS-23-1024

13 March, 2024

Failure to consider every change in earnings through period of overpayment amounted to error of law

London Borough of Waltham Forest v CA
[2024] UKUT 39 (AAC)
UA-2021-000675-HB

12 March, 2024

Erosion of universal credit transitional protection when claimant moved on from specified accommodation breached her human rights

SSWP v JA
[2024] UKUT 52 (AAC)
UA-2022-001286-UOTH

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