× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Welfare rights
(Upper Tribunal)

24 August, 2021

Tribunals should consider postponing decisions on ‘cohabiting partner’ bereavement benefit appeals until remedial order or other legislation removes human rights incompatibility in the law as it stands

JG v Secretary of State for Work and Pensions (BB)
[2021] UKUT 194 (AAC)
CG/1616/2019 Interim

23 August, 2021

Adequacy of explanation required from tribunal for not seeking potentially relevant evidence from previous DLA award when making less advantageous PIP award

MM-C v Secretary of State for Work and Pensions (CPIP)
[2021] UKUT 183 (AAC)
CPIP/1748/2020

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

29 July, 2021

Tribunal found to have breached procedural rules in relation to panel composition, appearance of bias, and limiting claimant’s rights to withdraw appeal

PD v Secretary of State for Work and Pensions (PIP)
[2021] UKUT 172 (AAC)
CPIP/548/2020

28 July, 2021

82-year-old claimant who was ‘drowned in paperwork’ could not reasonably have been expected to realise that local authority error in treatment of Teachers’ Pension meant he was being overpaid

DP v East Dorset District Council (HB)
[2020] UKUT 270 (AAC)
CH/2492/2019

27 July, 2021

When a claimant’s experienced representative does not address an issue raised by an appeal, the First-tier Tribunal is still under a duty to consider it

KN v Secretary of State for Work and Pensions (ESA)
2021 [UKUT] 155 (AAC)
CSE/197/2020

27 July, 2021

Enhancement to state pension accrued through living and working in New Zealand is not payable where claimant is not resident in the UK or EEA or Switzerland

BB v Secretary of State for Work and Pensions (RP)
[2021] UKUT 141 (AAC)
CP/839/2020

26 July, 2021

Tribunal must apply its mind to whether it is in the interests of justice to proceed with paper determination of an appeal when there is ambiguity in claimant’s election for a paper hearing

RA v Secretary of State for Work and Pensions (II)
[2021] UKUT 148 (AAC)
CI/502/2020

23 July, 2021

Whether tribunal is always obliged to put perceived inconsistencies in evidence to claimant / whether tribunal is always obliged to make specific findings on regulation 4(2A) criteria

SM v Secretary of State for Work and Pensions (PIP)
[2021] UKUT 140 (AAC)
CPIP/1495/2020

22 July, 2021

Claimant who fraudulently obtained refugee status was not entitled to tax credits or housing benefit she obtained relying upon that status

R v HMRC and Kirklees Metropolitan Borough Council (HB & TC)
[2020] UKUT 379 (AAC)
CH/1905/2017 & CTC/1902/2017

20 July, 2021

Extent of tribunal’s obligation to take into account Secretary of State’s changed view after making pre-hearing PIP ‘offer’, when decision under appeal remains the unrevised decision

DO v Secretary of State for Work and Pensions (PIP)
[2021] UKUT 161 (AAC)
CPIP/506/2020

20 July, 2021

Tribunal erred in failing to ensure it had before it an accurate list of work-related activities that were available for the claimant to undertake / training of universal credit staff on providing lists to tribunals not completed until July 2020

KS v Secretary of State for Work and Pensions (UC)
[2021] UKUT 132 (AAC)
CUC/1386/2020

23 June, 2021

Tribunal failed to consider safeguards against retrospective supersession decision when deciding DLA overpayment recovery appeal

SM v Secretary of State for Work and Pensions (DLA)
[2021] UKUT 119 (AAC)
CDLA/812/2020

23 June, 2021

First-tier Tribunal bound by decisions of the Upper Tribunal and, in particular, IM v SSWP

CT v Secretary of State for Work and Pensions (ESA)
[2021] UKUT 131 (AAC)
CE/1632/2020

18 June, 2021

Tribunal correct to take two lots of four-weekly paid wages into account in one universal credit assessment period / Johnson and Pantellerisco did not apply

LG V Secretary of State for Work and Pensions (UC)
[2021] UKUT 121 (AAC)
CSUC/280/2020

14 June, 2021

Shortcomings in DWP’s decision-making, investigation and record-keeping in overpayment case amount to errors of law / legal mechanism for reviving old-style ESA after contributory ESA exhausted

RS v Secretary of State for Work & Pensions (ESA)
[2021] UKUT 112 (AAC)
CE/1941, 1942 & 1943/2018

19 May, 2021

Whether tribunal erred in law by relying on evidence that it did not disclose to claimant / substantial risk under regulation 35 and requirement to consider risk to others

MH v Secretary of State for Work and Pensions (ESA)
[2021] UKUT 90 (AAC)
CE/685/2020

23 April, 2021

Claimant qualifies for highest-scoring descriptors under Activity 8 and Activity 10 if they are unable to accomplish what is involved in next highest-scoring descriptor

SE v Secretary of State for Work and Pensions (PIP) (Final decision)
[2021] UKUT 79 (AAC)
Reported as [2021] AACR 5
CPIP/1653/2019 final decision

12 April, 2021

Where tribunal is considering making a less favourable decision it must give sufficient notice to claimant to enable them to prepare their case

MS v Secretary of State for Work and Pensions (DLA and PIP)
[2021] UKUT 41 (AAC)
CPIP/932/2020, CPIP/934/2020, CDLA/1079/2020 & CDLA/1080/2019

Our webtools:

rightsnet community

News & case law updates

About rightsnet

Privacy and legal

Website by MID