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Welfare rights
(Upper Tribunal)

22 January, 2020

Atos letter inviting claimant to HCP consultation did not impose legal requirement to attend

IR v Secretary of State for Work and Pensions (PIP)
[2019] UKUT 374 (AAC)
CPIP/2941/2018

21 January, 2020

Factors to be considered in deciding whether a room can be classified as a bedroom

Secretary of State for Work and Pensions v WT and Redcar and Cleveland Borough Council
[2019] UKUT 372 (AAC)
CH/784/2017

20 January, 2020

Tribunal adopted right approach to assessing credibility of claimant’s evidence and provided adequate reasons for adverse decision

NN v Her Majesty's Revenue and Customs (TC)
[2019] UKUT 386 (AAC)
CTC/1937/2018.

20 December, 2019

Whether a claimant's inability to read English is relevant when assessing the ability to understand communication / whether a claimant must have difficulties with understanding both written and spoken communications

RK v Secretary of State for Work and Pensions (ESA)
[2019] UKUT 345 (AAC)
CE/2918/2018

18 December, 2019

Two people can have an amicable relationship and still be ‘estranged’ for purposes of capital disregard

Bristol City Council v SJP (HB)
[2019] UKUT 360 (AAC)
CH/624/2019

17 December, 2019

Whether EU law provides for a ‘secondary’ right to reside as primary carer of under school age child where primary carer is not a family member of other parent

AM v Secretary of State for Work and Pensions and another (JSA, IS and HB)
[2019] UKUT 361 (AAC)
Reported as [2020] AACR 17
CJSA/1637/2017, CIS/1888/2017 and CH/1889/2017

4 December, 2019

Correct approach to assessing right to reside on basis of permanent incapacity

BL v Secretary of State for Work and Pensions (ESA)
[2019] UKUT 364 (AAC)
CSE/43/2019

3 December, 2019

Standards required in statements of reasons / procedural fairness in considering adjournment request

DS v Secretary of State for Work and Pensions (ESA)
[2019] UKUT 347 (AAC)
CSE/303/2019

29 November, 2019

Tribunal’s inconsistent reporting of how it relied on claimant’s evidence amounts to error of law / observations on use of standard phrase ‘in particular’ in decision notices

AA v Secretary of State for Work and Pensions (PIP)
[2019] UKUT 324 (AAC)
CPIP/2901/2018

29 November, 2019

Correct approach to assessing whether two people are ‘living together as a married couple’ / reasoning required from tribunal in ‘living together’ cases

KJ v Secretary of State for Work and Pensions (IS)
[2019] UKUT 312 (AAC)
CIS/1028/2019

28 November, 2019

Importance of identifying ‘impaired function’ to properly apply the definition of ‘aid or appliance’

DA v Secretary of State for Work and Pensions (PIP)
[2019] UKUT 320 (AAC)
CPIP/623/2019

26 November, 2019

Fresh JSA claim not required from A8 jobseeker when pre-May 2009 claim determined after date Worker Registration Scheme held to be no longer lawful

Secretary of State for Work and Pensions v KK (JSA)
[2019] UKUT 313 (AAC)
CJSA/1933/2010

19 November, 2019

Period over which a tribunal has jurisdiction in a PIP appeal where subsequent fresh claim has been decided / whether telephone claim is valid if 'all the information required to determine the claim' is not provided during call

GG v Secretary of State for Work and Pensions (PIP)
[2019] UKUT 318 (AAC)
CPIP/2948/2018

18 November, 2019

Relevance of previous failures when determining good cause for failure to attend a medical examination

JS v Secretary of State for Work and Pensions (ESA)
[2019] UKUT 303 (AAC)
CE/1167/2019

15 November, 2019

Link between provisions relating to ineligible service charges and definition of exempt accommodation / consideration of what constitutes 'general counselling or ... any other support services'

Allerdale BC v JD and others (by their respective appointees) (HB)
[2019] UKUT 304 (AAC)
CH/28/2019, CH/31/2019, CH/34/2019 and CH/36/2019

14 November, 2019

EU Coordination rules bypass domestic residence conditions for child tax credit but not other conditions of entitlement in the case of a child living in the EU

RI v Commissioners for Her Majesty’s Revenue and Customs (TC)
[2019] UKUT 306 (AAC)
CTC/225/2018

6 November, 2019

Claimant who has new condition, or worsening of existing condition, to be treated as having limited capability for work from date of repeat ESA claim until date of decision on claim / First-tier Tribunal not bound by DWP's decision on regulation 30

CE/633/2017

5 November, 2019

Contradiction between tribunal’s decision notice and statement of reasons and whether set aside complied with Procedure Rules

CPC/532/2019 & CPC/533/2019

28 October, 2019

Crutches as an aid for dressing or undressing if reasonably required by claimant who needs to stand to complete activity

CPIP/285/2019

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