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(Upper Tribunal)

12 October, 2021

Lump sum advance payments of earnings cannot be disaggregated and notionally attributed to other weeks beyond the period in which they were actually paid in order to meet the first contribution condition for new-style JSA

CJSA/458/2021
[2021] UKUT 227 (AAC)

4 October, 2021

Tribunals hearing PIP appeals must be cautious not to infer from a claimant’s ability to engage with others in a very specific context that they would be able to carry out that task in other contexts

CPIP/1627/2020
[2021] UKUT 216 (AAC)

13 September, 2021

Fostering allowances paid to carers approved by independent agencies, in common with allowances paid to carers approved by local authorities, are not to be counted as part of their earnings

CH/1793/2019
[2021] UKUT 208 (AAC)

10 September, 2021

Onset of prescribed disease A15 - Dupuytren’s contracture - occurs at contracture stage rather than when claimant first experiences symptoms of disease

CI/235/2021
[2021] UKUT 191 (AAC)

7 September, 2021

Claimant found not to have created rent liability to take advantage of housing benefit scheme where entitlement was the same as it was before the liability was created

CH/1720/2020
[2021] UKUT 193 (AAC)

6 September, 2021

Where a tax credit claim has not been made on the correct form, there is a right of appeal against whether the claimant provided relevant information, but not against whether it may be treated as a claim

CTC/903/2020
[2021] UKUT 195 (AAC)

31 August, 2021

Tribunal erred in law in not treating evidence supplied by claimant after appeal hearing as application to set aside

CI/365/2020
[2021] UKUT 189 (AAC)

24 August, 2021

Tribunals should consider postponing decisions on ‘cohabiting partner’ bereavement benefit appeals until remedial order or other legislation removes human rights incompatibility in the law as it stands

CG/1616/2019 (interim decision)
[2021] UKUT 194 (AAC)

23 August, 2021

Adequacy of explanation required from tribunal for not seeking potentially relevant evidence from previous DLA award when making less advantageous PIP award

CPIP/1748/2020
[2021] UKUT 183 (AAC)

18 August, 2021

DWP, and then tribunal, mistakenly applied jobseeker’s allowance regulations in deciding that claimant’s entitlement to credits should cease after he failed to attend interview

CJSA/1294/2020
[2021] UKUT 179 (AAC)

29 July, 2021

Tribunal found to have breached procedural rules in relation to panel composition, appearance of bias, and limiting claimant’s rights to withdraw appeal

CPIP/548/2020
[2021] UKUT 172 (AAC)

28 July, 2021

82-year-old claimant who was ‘drowned in paperwork’ could not reasonably have been expected to realise that local authority error in treatment of Teachers’ Pension meant he was being overpaid

CH/2492/2019
[2020] UKUT 270 (AAC)

27 July, 2021

When a claimant’s experienced representative does not address an issue raised by an appeal, the First-tier Tribunal is still under a duty to consider it

CSE/197/2020
2021 [UKUT] 155 (AAC)

27 July, 2021

Enhancement to state pension accrued through living and working in New Zealand is not payable where claimant is not resident in the UK or EEA or Switzerland

CP/839/2020
[2021] UKUT 141 (AAC)

26 July, 2021

Tribunal must apply its mind to whether it is in the interests of justice to proceed with paper determination of an appeal when there is ambiguity in claimant’s election for a paper hearing

CI/502/2020
[2021] UKUT 148 (AAC)

23 July, 2021

Whether tribunal is always obliged to put perceived inconsistencies in evidence to claimant / whether tribunal is always obliged to make specific findings on regulation 4(2A) criteria

CPIP/1495/2020
[2021] UKUT 140 (AAC)

22 July, 2021

Claimant who fraudulently obtained refugee status was not entitled to tax credits or housing benefit she obtained relying upon that status

CH/1905/2017
[2020] UKUT 379 (AAC)

20 July, 2021

Extent of tribunal’s obligation to take into account Secretary of State’s changed view after making pre-hearing PIP ‘offer’, when decision under appeal remains the unrevised decision

CPIP/506/2020
[2021] UKUT 161 (AAC)

20 July, 2021

Tribunal erred in failing to ensure it had before it an accurate list of work-related activities that were available for the claimant to undertake / training of universal credit staff on providing lists to tribunals not completed until July 2020

CUC/1386/2020
[2021] UKUT 132 (AAC)

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