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Welfare rights
(Upper Tribunal)

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

23 December, 2020

Sanction decision overturned on account of ambiguity in notification of requirement to take part in telephone interview / good reason for failure to attend

KG v Secretary of State for Work and Pensions (UC)
[2020] UKUT 307 (AAC)
CUC/563/2020

17 December, 2020

Whether limiting a disabled claimant’s housing benefit to the one-bedroom shared accommodation rate of the local housing allowance amounts to unlawful discrimination

CM v (1) Bradford Metropolitan District Council (2) Secretary of State for Work and Pensions
[2020] UKUT 285 (AAC)
CH/4167/2013

15 December, 2020

Whether separate claims and separate decisions are required before every prescribed disease claimed under industrial injuries benefit system can be considered

MH v Secretary of State for Work and Pensions (II)
[2020] UKUT 297 (AAC)
CI/1000, 1001 & 1002/2019

10 December, 2020

Date from which a change of circumstances takes effect where there is already benefit entitlement / whether arrears of industrial injuries disablement benefit can be offset against overpayment of pension credit

DD v Secretary of State for Work and Pensions (II)
[2020] UKUT 302 (AAC)
CI/339/2019

9 December, 2020

Room where door could only open to 60 degrees if it contained an adult single bed counted as bedroom for purposes of the bedroom tax

Secretary of State for Work and Pensions -v- JM and Liverpool City Council (HB)
[2020] UKUT 337 (AAC)
CH/1253/2018

9 December, 2020

Tribunal was correct to find that no reduction could be made from claimant’s income for investments in overseas property when assessing tax credits entitlement

JQ v Her Majesty's Revenue and Customs (TC)
[2020] UKUT 340 (AAC)
CTC/1974/2019

8 December, 2020

Consideration of what amounts to 'late notification of expiry of entitlement' for universal credit backdating purposes, where claimant advised he could no longer claim housing benefit after moving to new local authority area

CP v Secretary of State for Work and Pensions (UC)
[2020] UKUT 309 (AAC)
CUC/0148/2020

7 December, 2020

Requirement for housing benefit claimant to be added as second respondent to an appeal brought by a landlord against decision to recover overpayment solely from the landlord

NSP v Stoke-on-Trent City Council and AT (HB)
[2020] UKUT 311 (AAC)
CH/2383/2018

4 December, 2020

Upper Tribunal's consideration of whether claimant had unlawfully killed her husband and therefore whether the forfeiture rule applied to her state pension payable on the basis of his national insurance contributions

The Secretary of State for the Department of Work and Pensions v LK (RP)
[2019] UKUT 421 (AAC)
CFP/1016/2019

2 December, 2020

Tribunal rule 29 requirements to give notice of tribunal hearing also apply to changes in the time of hearing

MB v Secretary of State for Work and Pensions (PIP)
[2020] UKUT 296 (AAC)
CPIP/2416/2019

1 December, 2020

Whether new evidence is admissible in Upper Tribunal appeal in circumstances where First-tier Tribunal misdirected itself about an uncontentious anatomical fact

SM v Secretary of State for Work and Pensions (II)
[2020] UKUT 287 (AAC)
CI/1395/2019

25 November, 2020

Amended DLA past presence test breached human rights of two severely disabled British Citizen children

TS (by TS) v Secretary of State for Work and Pensions (DLA); EK (by MK) v Secretary of State for Work and Pensions (DLA)
[2020] UKUT 284 (AAC)
Reported as [2021] AACR 4
CDLA/2208/2018 & CDLA/2019/2018

23 November, 2020

Procedure for proving authorisation of surveillance evidence before First-tier Tribunal where matter was in issue on the appeal

TD v Secretary of State for Work and Pensions (PIP)
[2020] UKUT 283 (AAC)
CSPIP/373/2019 & CSPIP/374/2019

11 November, 2020

Payments from discretionary trust established under claimant’s parents’ wills were ‘voluntary payments’ and fell to be disregarded

SM v Secretary of State for Work and Pensions (ESA)
[2020] UKUT 265 (AAC)
CE/1849/2019

9 November, 2020

Whether acceptance of evidence that has been obtained in breach of administrative procedures renders decisions of the First-tier Tribunal or Upper Tribunal liable to be set aside for 'procedural irregularity'

BF v Secretary of State for Work and Pensions (PIP)
[2020] UKUT 300 (AAC)
CPIP/1313/2019

30 October, 2020

Apparent bias of First-tier Tribunal that used knowledge of claimant gained from previous hearings / whether use of tribunal clerk to communicate with claimant prior to hearing was appropriate

BF v Secretary of State for Work and Pensions (ESA)
[2019] UKUT 420 (AAC)
CE/1285/2018

29 October, 2020

Correct approach to assessing medical evidence if PIP assessment report has been carried out by publicly discredited assessor appointed by the Secretary of State

CM v Secretary of State for Work and Pensions (PIP)
[2020] UKUT 259 (AAC)
CPIP/400/2017

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