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Welfare rights
(Upper Tribunal)

24 June, 2020

Claimant whose inability to use public transport arose entirely from physical health problems was not entitled to points under mobility descriptor 1(d)

HO'H v Secretary of State for Work and Pensions (PIP)
[2020] UKUT 135 (AAC)
CPIP/302/2019

22 June, 2020

Meaning of ‘spouse’ under widowed parent’s allowance rules / whether possible to reinterpret under HRA to include partner married in ceremony that is not compliant with English marriage law

AR v Secretary of State for Work and Pensions (BB)
[2020] UKUT 165 (AAC)
CG/1781/2017

10 June, 2020

Whether tribunal properly concluded that entitlement to any rate of PIP was issue raised by appeal of supersession decision that only reduced entitlement / proceeding with appeal hearing in absence of presenting officer who had been directed to attend

DT v Secretary of State for Work and Pensions (PIP)
[2020] UKUT 156 (AAC)
CPIP/2152/2019

2 June, 2020

Rule limiting entitlement to sure start maternity grant when claimant already responsible for child aged under 16 breached human rights of refugee and kinship carer

SK and LL v Secretary of State for Work and Pensions (IS)
[2020] UKUT 145 (AAC)
CIS/620/2019 & CIS/2245/2018

1 June, 2020

JSA requirement to be ‘living in’ the Common Travel Area for three months is not invalid under EU law

CL v Secretary of State for Work and Pensions
[2020] UKUT 146 (AAC)
CJSA/1053/2019

26 May, 2020

Tribunal unable to disapply legislation with unintended lacuna relating to revision or supersession of PIP awards in DLA transfer cases where claimant aged over 65 / extra-statutory payment made to claimant

RJ v Secretary of State for Work and Pensions (PIP)
[2020] UKUT 107 (AAC)
CPIP/1962/2018

20 May, 2020

Appeal rights where a universal credit claim has been ‘closed’ for non-attendance at a jobcentre interview / whether appealable decision is subject to requirement for mandatory reconsideration

PP v SSWP (UC)
[2020] UKUT 109 (AAC)
CUC/1389/2019

20 May, 2020

Suspension of DLA after 28 days in hospital did not violate right to prohibition of discrimination under Article 14 ECHR, in case of an adult patient with severe learning disabilities

MOC (by MG) v SSWP (DLA)
[2020] UKUT 134 (AAC)
CDLA/1920/2018

15 May, 2020

Interaction of decision to terminate housing benefit for failure to comply with ‘information requirement’, with decision to supersede and remove entitlement from an earlier date

CH v London Borough of Lewisham (HB)
[2020] UKUT 71 (AAC)
CH/0775/2019

13 May, 2020

Requirement for returning British Citizen to be ‘qualifed person’ in order for family member to derive right to reside is unlawful

HK v Secretary of State for Work and Pensions (PC)
[2020] UKUT 73 (AAC)
CSPC/0330/2019

12 May, 2020

Whether tribunal should have requested DLA evidence in PIP transfer claim appeal where there was no indication that claimant had ever been invited to request it

CH (by TH) v Secretary of State for Work and Pensions (PIP)
[2020] UKUT 70 (AAC)
CPIP/2836/2018

5 May, 2020

Letter inviting claimant to medical examination did not impose legal requirement to attend / tribunal could not lawfully decide that claimant had failed to attend examination without seeing appointment letter

PPE v Secretary of State for Work and Pensions (ESA)
[2020] UKUT 59 (AAC)
CE/2126/2018

4 May, 2020

Whether universal credit date of claim can be fixed at point when claimant starts or saves progress entering online claim information rather than when completed claim is submitted

GDC v Secretary of State for Work and Pensions (UC)
[2020] UKUT 108 (AAC)
CUC/968/2019

30 April, 2020

Process for HMRC to make a decision on whether a person has a ‘genuine chance of being engaged in employment’ where jobcentre has not made such a decision

DD v Her Majesty’s Revenue and Customs and Secretary of State for Work and Pensions (CB)
[2020] UKUT 66 (AAC)
CF/66/2018

28 April, 2020

EU family benefit coordination rules bypass domestic residence conditions for child benefit but not other conditions of entitlement in the case of a child living in the EU

MZ v Commissioners for Her Majesty’s Revenue and Customs (CHB)
[2020] UKUT 65 (AAC)
CF/2685/2018

23 April, 2020

Pension credit severe disability addition can be payable to a claimant who is not entitled to attendance allowance but receives an ‘equivalent’ Polish benefit

HT v Secretary of State for Work and Pensions
[2020] UKUT 57 (AAC)
CSA/0387/2019

23 April, 2020

Whether income support including a disability premium is ‘paid on grounds of incapacity for work or disability’ / whether income support is extinguished or suspended where claimant is imprisoned

Secretary of State for Work and Pensions v AJ (UC)
[2020] UKUT 48 (AAC)
CUC/1617/2019

21 April, 2020

Whether family members of a person who is self-employed in one State are required to claim sickness benefits in that State, even if they are habitually resident in another State

AH v Secretary of State for Work and Pensions (DLA)
[2020] UKUT 53 (AAC)
CDLA/882/2017
Reported as [2023] AACR 8

21 April, 2020

Reconvened tribunal hearing must be before exactly the same panel or a completely different one

SW v Secretary of State for Work and Pensions (ESA)
[2019] UKUT 415 (AAC)
CE/1134/2019

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