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Welfare rights
(Upper Tribunal)

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

9 April, 2021

Termination of joint tax credits award when spouse died did not constitute unlawful discrimination against widower who was not eligible for universal credit due to capital

RJ v. Her Majesty's Revenue and Customs; Her Majesty's Revenue and Customs v. RJ
[2021] UKUT 40 (AAC)
CTC/2649/2019 & CTC/392/2020

9 April, 2021

Treatment of late paid earnings in calculation of universal credit when real time information reported on time / return of deposit paid by employee on uniform is not earnings

NM v Secretary of State for Work and Pensions (UC)
[2021] UKUT 46 (AAC)
CUC/761/2019

8 April, 2021

Whether new evidence about the distance a claimant covered when walking is admissible in an Upper Tribunal appeal in circumstances where a First-tier Tribunal incorrectly assessed that distance

PR v Secretary of State for Work and Pensions (PIP)
[2021] UKUT 35 (AAC)
CPIP/2401/2019

1 April, 2021

Eligibility criteria for school age element of Scottish best start grant are not incompatible with European Convention on Human Rights

DR, per West Lothian Council Advice Shop v (First) Social Security Scotland (Second) Lord Advocate
[2021] UT 16
UTS/AS/20/0015

19 March, 2021

Consideration of ‘substantial risk’ arising from claimant being found fit for work includes travel to and from jobcentre and job interviews, as well as to and from work

ET v Secretary of State for Work and Pensions (UC)
[2021] UKUT 47 (AAC)
Reported as [2021] AACR 6
CUC/747/2020

11 March, 2021

Person subject to immigration control cannot claim carer’s allowance as a family member of a British national who has not exercised freedom of movement rights

Secretary of State for Work and Pensions v AS (CA)
[2021] UKUT 24 (AAC)
CG/2617/2019

11 March, 2021

Whether a busker who solicits donations from passers-by can establish a right to reside as a self-employed ‘qualified person’ under the Immigration (EEA) Regulations 2006

N v Her Majesty's Revenue and Customs (CHB)
[2021] UKUT 28 (AAC)
CF/1789/2016

9 March, 2021

Tribunal erred in law by failing to refer an NI contributions late payment issue arising in a state pension appeal to the Secretary of State for Work and Pensions for onward referral to HMRC

J v Secretary of State for Work & Pensions (GRB)
[2021] UTAAC 21 (AAC)
CP/1500/2019

12 February, 2021

Fear of encountering dogs out of doors is relevant, in principle, to claimant’s ability to follow the route of a journey for PIP mobility component purposes

EE v Secretary of State for Work and Pensions (CPIP)
[2021] UKUT 17 (AAC)
CPIP/596/2020

5 February, 2021

Whether tribunal properly exercised discretion to impose civil penalty

CT v Secretary of State for Work and Pensions
[2021] UKUT 6 (AAC)
CE/2770/2019 & CE/145 & 146/2020

1 February, 2021

Relationship between descriptors, and definition of key terms, in activity 8 ‘Reading and understanding signs, symbols and words’ and activity 10 ‘Making budgeting decisions’

SE v Secretary of State for Work and Pensions
[2021] UKUT 1 (AAC)
CPIP/1653/2019

15 January, 2021

Having Zambrano right of residence did not assist claimant in being eligible for child benefit

The Commissioners for Her Majesty’s Revenue and Customs v AD
[2020] UKUT 353 (AAC)
CF/2239/2019

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

7 January, 2021

Tribunals are not ordinarily required to give anything beyond brief reasons as to why they are not adjourning a PIP appeal in order to obtain DLA evidence

BH v Secretary of State for Work and Pensions (PIP)
[2020] UKUT 338 (AAC)
CPIP/401/2020

6 January, 2021

Consideration of eligibility for mobility component where claimant had history of some walking at airports when travelling to and from the UK

LG v Secretary of State for Work and Pensions (PIP)
[2020] UKUT 343 (AAC)
CPIP/2851/2019

5 January, 2021

First-tier Tribunal in its social entitlement jurisdiction is a ‘court’ for purposes of orders made under the now repealed Vexatious Actions (Scotland) Act 1898 that continue in force

PA v Her Majesty's Revenue and Customs (TC)
[2020] UKUT 324 (AAC)
CSTC/466/2019

5 January, 2021

Whether insurance policy payments to a widow precluded entitlement to a funeral payment

The Secretary of State for the Department of Work and Pensions v GB (IS)
[2020] UKUT 316 (AAC)
CIS/1728/2019

5 January, 2021

Assessment of whether claimant displayed ‘severe behavioural problems’ for purposes of entitlement to mobility component under ‘severe mental impairment’ criteria

XTC v Secretary of State for Work and Pensions (DLA)
[2020] UKUT 342 (AAC)
CDLA/2600/2019

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