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Welfare rights
(Upper Tribunal)

29 October, 2020

Capital from a former home can be disregarded if it is ‘more probable than not’ that it will be used for a new home

EAM v Secretary of State for Work and Pensions (UC)
[2020] UKUT 247 (AAC)
CUC/1773/2018

28 October, 2020

Notification of requirement to attend interview may be given orally / methods of communication set out in regulation 23 of Jobseeker’s Allowance Regulations 1996 are illustrative and not exhaustive

DC v Secretary of State for Work and Pensions (JSA)
[2020] UKUT 257 (AAC)
CJSA/197/2020

30 September, 2020

Need for supervision where a person has to remove their hearing aids or cochlear implants while washing and consequently cannot hear a typical alarm

KT and SH v Secretary of State for Work and Pensions (PIP)
[2020] UKUT 252 (AAC)
CPIP/3062/2016 and CPIP/2660/2017

8 September, 2020

Whether single claimant could avoid prohibition on claiming tax credits in a universal credit full-service area by relying on previous year’s joint award

W v Her Majesty's Revenue and Customs (TC)
[2020] UKUT 239 (AAC)
CTC/1221/2019

28 August, 2020

Whether landord’s failure to instigate possession proceedings on grounds of rent arrears meant that tenancy was non-commercial / whether a previously commercial tenancy can become non-commercial

Warwick District Council v Secretary of State for Work and Pensions and CH (HB)
[2020] UKUT 240 AAC
CH/1839/2017

25 August, 2020

ESA case law relating to requirement for DWP to provide tribunals with evidence of work-related activity available in area where claimant lives applies equally to universal credit

MD v Secretary of State for Work and Pensions (UC)
[2020] UKUT 215 (AAC)
CUC/2777/2019

12 August, 2020

Whether non-EEA claimant with permanent residence who is a former spouse of EEA national is required to meet qualifying conditions relating to family members who can retain right of residence

MS v Secretary of State for Work and Pensions (ESA)
[2020] UKUT 235 (AAC)
CE/2356/2019

11 August, 2020

Effective dates for awards superseded as a result of DWP’s review exercises following MH v SSWP and RJ & Ors v SSWP

CM v Secretary of State for Work and Pensions (PIP)
[2020] UKUT 221 (AAC)
CPIP/2631/ 2019

10 August, 2020

Whether a First-tier Tribunal had jurisdiction to hear an appeal where there had been no decision by the Secretary of State

MM v Secretary of State for Work and Pensions (IS)
[2020] UKUT 220 (AAC)
CIS/507/2020

7 August, 2020

Whether DWP’s former practice of only providing tribunals with examples of least demanding work-related activities in ESA appeals was flawed

MR v Secretary of State for Work and Pensions (ESA)
[2020] UKUT 210 (AAC)
CE/1689/2018

15 July, 2020

Relationship between ‘change of circumstances’ and ‘new medical evidence’ supersessions of a claim where limitation on movement between PIP mobility components after pensionable age may apply

MH v Secretary of State for Work and Pensions (PIP)
[2020] UKUT 185 (AAC)
CPIP/1859/2019

15 July, 2020

Secretary of State should, where relevant, provide claimant’s ESA adjudication history and action plan in appeal response to First-tier Tribunal

RP v Secretary of State for Work and Pensions (ESA)
[2020] UKUT 148 (AAC)
CE/2506/2018

14 July, 2020

Unfair to proceed with tribunal hearing where putative appointee was not permitted to participate fully / application for leave to appeal should be put before a judge

SB v Secretary of State for Work and Pensions (PIP)
[2020] UKUT 198 (AAC)
CPIP/2336/2019

14 July, 2020

Tribunals can only set aside decision under rule 37 of Procedure Rules on the written application of a party / application for statement of reasons or record of proceedings cannot be treated as an application for set aside

MA v Secretary of State for Work and Pensions (PIP)
[2020] UKUT 172 (AAC)
CPIP/2140/2019

14 July, 2020

Interaction of activity 9 - engaging with other people face to face - and regulation 4(2A) - ability to carry out an activity reliably

JT v Secretary of State for Work and Pensions (PIP)
[2020] UKUT 186 (AAC)
CPIP/1781/2019

13 July, 2020

Tribunal's decision awarding PIP can be superseded by Secretary of State on grounds of new medical evidence under regulation 26 / nature of supersession under regulation 26 and relationship with PIP regulation 11

BD v Secretary of State for Work and Pensions (PIP)
[2020] UKUT 178 (AAC)
CPIP/2110/2019

3 July, 2020

Payment of non-static houseboat licence fee is an eligible cost for housing benefit purposes as it falls within regulation 12(1)(b) of the Housing Benefit Regulations 2006

AB v London Borough of Camden (HB)
[2020] UKUT 158 (AAC)
CH/3284/2017

26 June, 2020

Restricting tribunal’s consideration to ‘circumstances obtaining at time of decision under appeal’ does not limit consideration to evidence that was before the first instance decision maker

KK v Liverpool City Council (HB)
[2020] UKUT 80 (AAC)
CH/1766/2019

25 June, 2020

Whether First-tier Tribunal’s enforcement reference to Upper Tribunal, relating to Secretary of State’s failure to comply with direction to provide summary of ESA adjudication history, was valid

RG v Secretary of State for Work and Pensions (Enforcement Reference)
[2020] UKUT 79 (AAC)
ENF/1494/2019

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