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Welfare rights
(Upper Tribunal)

25 May, 2022

Claimant’s right to reside as a jobseeker did not preclude her from relying on derivative right to reside as primary carer of child of EEA national to establish entitlement to housing benefit

Sandwell Metropolitan Borough Council v KK and Secretary of State for Work and Pensions (HB)
[2022] UKUT 123 (AAC)
UA-2019-001124-HB

11 May, 2022

First-tier Tribunal’s ignorance of fact that claimant was working in period after date of decision under appeal did not give grounds for supersession of the tribunal’s decision

BM v Secretary of State for Work and Pensions (DLA)
[2022] UKUT 101 (AAC)
UA-2020-000040-DLA & UA-2020-000041

10 May, 2022

Exceptions to the ‘age 65 cut-off rules’ for changes to PIP entitlement that can enable a new mobility component award after a person reaches 65 years of age

SC v Secretary of State for Work and Pensions (PIP)
[2022] UKUT 97 (AAC)
UA-2020-001502-PIP

5 May, 2022

Guidance to representatives, tribunals and the DWP on the approach to obtaining information from an abusive partner to support a claim from the person fleeing abuse when a non-molestation injunction is in place

FN v Secretary of State for Work and Pensions (UC)
[2022] UKUT 77 (AAC)
UA-2021-001182-UC

4 May, 2022

Dentures do not need to assist with both chewing and swallowing in order to count as an aid or appliance for taking nutrition

CB v Secretary of State for Work and Pensions (PIP)
[2022] UKUT 100 (AAC)
UA-2021-002048-PIP

4 May, 2022

Claimant’s move to different property during period of overpayment was not a ‘material fact’ and so landlord’s failure to notify the change did not lead to liability for recovery of the overpayment

NSP v Stoke-on-Trent City Council & GP (HB)
[2022] UKUT 86 (AAC)
CH/1324/2020

7 April, 2022

Requirement for women whose husbands received a Category A retirement pension prior to April 2008 to make a claim for a Category B pension is not unlawful

GM v Secretary of State for Work and Pensions (RP)
[2022] UKUT 85 (AAC)
Reported as [2023] AACR 2
UA-2021-001262

5 April, 2022

Whether definition of ‘full-time course of education’ in universal credit refers to actual number of hours of study rather than classification by the particular educational institution

BK v Secretary of State for Work and Pensions
[2022] UKUT 73
UA-2020-000306-USTA

1 April, 2022

Tribunal made error of law by failing to consider housing benefit provisions that enable a business partner’s company holding to be disregarded while they continued to undertake business activities

CA v Hastings Borough Council
[2022] UKUT 57 (AAC)
CH/441/2021

31 March, 2022

Evidence needed to decide whether a person has failed to accept a claimant commitment

FO v Secretary of State for Work and Pensions (UC)
[2022] UKUT 56 (AAC)
CUC/1792/2020

30 March, 2022

Upper Tribunal modifies forfeiture rule to provide for claimant to receive three-quarters of the underpaid retirement pension due to her for the period after she had unlawfully killed her husband

In the estate of ES (deceased)
[2022] UKUT 48 (AAC)
UA-2019-001376-FRP formerly CF/1198/2019

24 March, 2022

Bereavement support payment claimant could not rely on period when deceased partner remained married to someone else in establishing marriage by cohabitation under Scottish law

Secretary of State for Work and Pensions v AB (BB)
[2022] UKUT 83 (AAC)
UA-2021-SCO 000030 BB

23 March, 2022

Tribunal was correct to decide that an Irish widow’s pension should be counted as claimant’s unearned income to be deducted from any calculation of universal credit

LR v Secretary of State for Work and Pensions (UC)
[2022] UKUT 65 (AAC)
CUC/1019/2020

22 March, 2022

Decision to cease entitlement to income support because claimant’s carer’s allowance had stopped can be revised if the decision to stop carer’s allowance is subsequently overturned

MW v Secretary of State for Work and Pensions (IS)
[2022] UKUT 59 (AAC)
CIS/222/2021

9 March, 2022

Application of housing benefit rules in relation to the bedroom tax and non-dependant deductions where a foster parent is accepting intermittent placements

Waltham Forest LBC v PO (HB)
[2022] UKUT 58 (AAC)
CH/1970/2019

7 March, 2022

Obligation on tribunal to explain why it decided against awarding more points for a PIP activity when a higher award had been recommended in the DWP’s written submission

LH v Secretary of State for Work and Pensions (PIP)
[2022] UKUT 32 (AAC)
CPIP/737/2021

16 February, 2022

Tribunals should consider Practice Direction relating to vulnerable adults when assessing whether it is reasonable for a claimant with mental health problems to participate in a telephone hearing

AS v Secretary of State for Work and Pensions (PIP)
[2022] UKUT 24 (AAC)
CPIP/729/2021

15 February, 2022

Tribunal’s decision to make a closed period PIP award breached rules of natural justice as DWP failed to notify it of the claimant’s attempt to withdraw their later claim

VO v Secretary of State for Work and Pensions (PIP)
[2022] UKUT 13 (AAC)
CPIP/904/2021

10 February, 2022

Need for a man in his early sixties to have to make a claim for a winter fuel payment when a woman of the same age would receive an automatic award on her claiming state pension does not constitute indirect discrimination

JE v Secretary of State for Work and Pensions (SF)
[2022] UKUT 12 (AAC)
CIS/191/2021

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