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Welfare rights
(Upper Tribunal)

3 February, 2022

Universal credit claim could not be withdrawn and, even if it could, that would not affect transition from housing benefit to universal credit

JL V Calderdale Metropolitan Borough Council and Secretary of State for Work and Pensions (UC)
[2022] UKUT 9 (AAC)
CH/2263/2019

3 February, 2022

Reference in transition regulations to universal credit basic condition of being 'in Great Britain' under section 4(1)(c) of Welfare Reform Act 2012 is freestanding and not subject to qualifications in regulations authorised by Act

SK v Commissioners for Her Majesty’s Revenue and Customs and Secretary of State for Work and Pensions (UC)
[2022] UKUT 10 (AAC)
CTC/73/2021

2 February, 2022

Primary carer of a ‘Chen child’ with a permanent right to reside is entitled to a right to reside for child benefit purposes in order to give ‘useful effect’ to the child’s residence rights

FE v Her Majesty's Revenue and Customs (CHB)
[2022] UKUT 4 (AAC)
CF/176/2021

6 January, 2022

Circumstances in which a person for whom tax credits have not been abolished may make a fresh claim following termination of an award

Her Majesty's Revenue and Customs v RS (TC)
[2021] UKUT 310 (AAC)
CTC/1514/2020

5 January, 2022

Claimant who moved into property after tenant went to prison could not be treated as liable to make payments for housing benefit purposes

ZD v London Borough of Hillingdon (HB)
[2021] UKUT 305 (AAC)
CH/990/2020

14 December, 2021

Tax credit entitlement is not terminated where a universal credit claim is withdrawn before the DWP issues a ‘stop notice’

Her Majesty's Revenue and Customs v AB (TC)
[2021] UKUT 209 (AAC)
CTC/2193/2019

7 December, 2021

Claimant that worked erratic hours under zero hours contract was still required to meet ‘regular employment’ condition in order to retain entitlement to reduced earnings allowance

AR v Secretary of State for Work and Pensions (II)
[2021] UKUT 279 (AAC)
CI/242/2021

19 November, 2021

Supersession to account for deterioration after industrial injuries disablement benefit award requires an initial ‘notional assessment’ of disablement that ignores any constitutional degenerative changes

PA v Secretary of State for Work and Pensions (II)
[2021] UKUT 257 (AAC)
CI/940/2020

3 November, 2021

Landlord who received direct payments of housing benefit is a ‘necessary party’ to claimant’s appeal against decision to recover subsequent overpayment from the claimant only

DBH v West Lindsey District Council (HB)
[2021] UKUT 256 (AAC)
CH/1041/2020

19 October, 2021

Meaning of ‘out of’ and ‘in the course of’ employment for the purposes of assessing whether an accident is an industrial accident

NE v Secretary of State for Work and Pensions (II)
[2021] UKUT 240 (AAC)
CI/68/2021

14 October, 2021

Application of personal independence payment activities and descriptors to a claimant who is a ‘functioning alcoholic’

DE v Secretary of State for Work and Pensions (PIP)
[2021] UKUT 226 (AAC)
CPIP/2229/2019

14 October, 2021 Open access

Tribunal drew unfair inference that claimant had opted for paper hearing to avoid questioning when, in fact, obvious inference was that he was shielding during first Covid-19 lockdown

JS v Wirral Metropolitan Borough Council (HB)
[2021] UKUT 219 (AAC)
CH/550/2021

12 October, 2021

For the purposes of a funeral expenses payment, a funeral is an event involving final disposal of the deceased’s body and ceremonies closely related to that in nature, time, and place

JEC v Secretary of State for Work and Pensions (SF)
[2021] UKUT 243 (AAC)
CSIS/256/2020

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

NH v Secretary of State for Work and Pensions (JSA)
[2021] UKUT 227 (AAC)
CJSA/458/2021

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

AC v Secretary of State for Work and Pensions (PIP)
[2021] UKUT 216 (AAC)
CPIP/1627/2020

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

Hillingdon London Borough Council v EB (HB)
[2021] UKUT 208 (AAC)
CH/1739/2019

10 September, 2021

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

DR v Secretary of State for Work and Pensions (II)
[2021] UKUT 191 (AAC)
CI/235/2021

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

MP v Sutton London Borough Council (HB)
[2021] UKUT 193 (AAC)
CH/1720/2020

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

Her Majesty's Revenue and Customs v ED (TC)
[2021] UKUT 195 (AAC)
CTC/903/2020

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