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Welfare rights
(Upper Tribunal)

27 June, 2024

Where a claimant has received both carer’s allowance and new-style ESA, the cared-for person is not entitled to a severe disability premium

ST v Secretary of State for Work and Pensions
[2024] UKUT 167 (AAC)
UA-2023-000211-ESA

26 June, 2024

Tribunal failed to give claimant opportunity to comment on website material it relied on to assess her disablement, and reached ‘perverse’ conclusion that she could carry out PIP activities ‘safely’

NH v Secretary of State for Work and Pensions
[2024] UKUT 173 (AAC)
UA-2024-000182-PIP

24 June, 2024

EU national did not retain worker status for reasons including ‘undue delay’ of three months before making universal credit claim

Secretary of State for Work and Pensions v PC (UC)
[2024] UKUT 186 (AAC)
UA-2022-000316-USTA

7 June, 2024

First-tier Tribunal was not entitled to hear and decide PIP appeal as a two-person tribunal

ZY v SSWP (PIP)
[2024] UKUT 163 (AAC)
UA-2023-001807-PIP

5 June, 2024

Tribunal’s failure to apply temporary absence from GB disregard to claimant caught by Covid-19 travel restrictions amounted to error of law

AM v Secretary of State for Work and Pensions (UC)
[2024] UKUT 137 (AAC)
UA-2023-001439-USTA

31 May, 2024

Criminal activity counted as work and receipts from that activity counted as income for ESA purposes

Secretary of State for Work and Pensions v MA
[2024] UKUT 131 (AAC)
UA-2022-001764-ESA

24 May, 2024

Impact of Withdrawal Agreement on operation of PIP past presence test for claimant with EU family member with settled status

ES v SSWP
[2024] UKUT 97 (AAC)
UA-2023-SCO-000146-PIP

22 May, 2024

Tribunal considering claim for universal credit backdating from claimant with disability failed to consider whether hypothetical person in his circumstances could reasonably have been expected to make claim earlier

CU v Secretary of State for Work and Pensions
[2024] UKUT 32 (AAC)
UA-2023-1084-USTA

21 May, 2024

Tribunal must have regard to all the evidence when putting claimant’s credibility into question

HS v The Secretary of State for Work and Pensions
[2024] UKUT 86 (AAC)
UA-2023-001137-PIP

21 May, 2024

Tribunal’s blanket refusal to consider evidence pertinent to risk and safety that post-dated PIP decision under appeal amounted to error of law

JS v The Secretary of State for Work and Pensions
[2024] UKUT 90 (AAC)
UA-2022-000388-PIP

17 May, 2024

Claimant was not entitled to be passported to maximum housing benefit during period that she had a ‘nil award’ of universal credit

Ipswich BC v TD and the Secretary of State for Work and Pensions
[2024] UKUT 117 (AAC)
UA-2021-000630-HB

26 April, 2024

Appointee’s failure to disclose duration of claimant’s hospital stay contributed to official error and made overpayment recoverable

DG v Bromley London Borough Council
[2024] UKUT 49 (AAC)
UA-2021-000447-HB

23 April, 2024

First-tier Tribunal must explain how required period condition is met when considering entitlement to adult disability payment

Social Security Scotland v FK
[2024] UT 23
UTS-AS-23-1024

13 March, 2024

Failure to consider every change in earnings through period of overpayment amounted to error of law

London Borough of Waltham Forest v CA
[2024] UKUT 39 (AAC)
UA-2021-000675-HB

12 March, 2024

Erosion of universal credit transitional protection when claimant moved on from specified accommodation breached her human rights

SSWP v JA
[2024] UKUT 52 (AAC)
UA-2022-001286-UOTH

12 March, 2024

Definition of prisoner for the purposes of eligibility for ESA does not include those sentenced to imprisonment by the civil courts for civil offences

JC v SSWP
[2024] UKUT 13 (AAC)
UA-2023-000926-ESA

11 March, 2024

Scottish tribunal erred in law by failing to allow late claim for funeral expenses under provisions that relax deadlines if reason for lateness is ‘related’ to coronavirus

CD v Social Security Scotland
[2024] UT 12
UTS/AS/23/0031

19 February, 2024

Circumstances of claimant’s case did not require the First-tier Tribunal for Scotland to use power to call for further medical evidence

AK v Social Security Scotland
[2024] UT 05
UTS-AS-23-0985

5 February, 2024

Tribunal erred in law in finding claimant’s disclosure of intention to claim occupational pension in the near future discharged the obligation to disclose as communicated in ESA40 booklet

Secretary of State for Work and Pensions v NS
[2024] UKUT 5 (AAC)
UA-2021-000249/250-ESA

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