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Welfare rights
(Upper Tribunal)

23 June, 2021

Tribunal failed to consider safeguards against retrospective supersession decision when deciding DLA overpayment recovery appeal

CDLA/812/2020
[2021] UKUT 119 (AAC)

23 June, 2021

First-tier Tribunal bound by decisions of the Upper Tribunal and, in particular, IM v SSWP

CE/1632/2020
[2021] UKUT 131 (AAC)

18 June, 2021

Tribunal correct to take two lots of four-weekly paid wages into account in one universal credit assessment period / Johnson and Pantellerisco did not apply

CSUC/280/2020
[2021] UKUT 121 (AAC)

14 June, 2021

Shortcomings in DWP’s decision-making, investigation and record-keeping in overpayment case amount to errors of law / legal mechanism for reviving old-style ESA after contributory ESA exhausted

CE/1941/2018
[2021] UKUT 112 (AAC)

19 May, 2021

Whether tribunal erred in law by relying on evidence that it did not disclose to claimant / substantial risk under regulation 35 and requirement to consider risk to others

CE/685/2020
[2021] UKUT 90 (AAC)

23 April, 2021

Claimant qualifies for highest-scoring descriptors under Activity 8 and Activity 10 if they are unable to accomplish what is involved in next highest-scoring descriptor

CPIP/1653/2019
[2021] UKUT 79 (AAC)
Reported as [2021] AACR 5

12 April, 2021

Where tribunal is considering making a less favourable decision it must give sufficient notice to claimant to enable them to prepare their case

CPIP/932/2020
[2021] UKUT 41 (AAC)

12 April, 2021

Legal effect of Jobseeker’s (Back to Work Schemes) Act 2013 Remedial Order was to compel Secretary of State to supersede tribunal’s decision

CJSA/2077/2013
[2021] UKUT 69 (AAC)

9 April, 2021

Termination of joint tax credits award when spouse died did not constitute unlawful discrimination against widower who was not eligible for universal credit due to capital

CTC/2649/2019 & CTC/392/2020
[2021] UKUT 40 (AAC)

9 April, 2021

Treatment of late paid earnings in calculation of universal credit when real time information reported on time / return of deposit paid by employee on uniform is not earnings

CUC/761/2019
[2021] UKUT 46 (AAC)

8 April, 2021

Whether new evidence about the distance a claimant covered when walking is admissible in an Upper Tribunal appeal in circumstances where a First-tier Tribunal incorrectly assessed that distance

CPIP/2401/2019
[2021] UKUT 35 (AAC)

1 April, 2021

Eligibility criteria for school age element of Scottish best start grant are not incompatible with European Convention on Human Rights

[2021] UT 16

19 March, 2021

Consideration of ‘substantial risk’ arising from claimant being found fit for work includes travel to and from jobcentre and job interviews, as well as to and from work

CUC/747/2020
[2021] UKUT 47 (AAC)
Reported as [2021] AACR 6

11 March, 2021

Person subject to immigration control cannot claim carer’s allowance as a family member of a British national who has not exercised freedom of movement rights

CG/2617/2019
[2021] UKUT 24 (AAC)

11 March, 2021

Whether a busker who solicits donations from passers-by can establish a right to reside as a self-employed ‘qualified person’ under the Immigration (EEA) Regulations 2006

CF/1789/2016
[2021] UKUT 28 (AAC)

9 March, 2021

Tribunal erred in law by failing to refer an NI contributions late payment issue arising in a state pension appeal to the Secretary of State for Work and Pensions for onward referral to HMRC

CP/1500/2019
[2021] UKUT 21 (AAC)

12 February, 2021

Fear of encountering dogs out of doors is relevant, in principle, to claimant’s ability to follow the route of a journey for PIP mobility component purposes

CPIP/596/2020
[2021] UKUT 17 (AAC)

5 February, 2021

Whether tribunal properly exercised discretion to impose civil penalty

CE/2770/2019, CE/145/2019 & CE/146/2020
[2021] UKUT 6 (AAC)

1 February, 2021

Relationship between descriptors, and definition of key terms, in activity 8 ‘Reading and understanding signs, symbols and words’ and activity 10 ‘Making budgeting decisions’

CPIP/1653/2019
[2021] UKUT 1 (AAC)

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