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Welfare rights
(Upper Tribunal)

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

Secretary of State for Work and Pensions v AS (CA)
[2021] UKUT 24 (AAC)
CG/2617/2019

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

N v Her Majesty's Revenue and Customs (CHB)
[2021] UKUT 28 (AAC)
CF/1789/2016

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

J v Secretary of State for Work & Pensions (GRB)
[2021] UTAAC 21 (AAC)
CP/1500/2019

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

EE v Secretary of State for Work and Pensions (CPIP)
[2021] UKUT 17 (AAC)
CPIP/596/2020

5 February, 2021

Whether tribunal properly exercised discretion to impose civil penalty

CT v Secretary of State for Work and Pensions
[2021] UKUT 6 (AAC)
CE/2770/2019 & CE/145 & 146/2020

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’

SE v Secretary of State for Work and Pensions
[2021] UKUT 1 (AAC)
CPIP/1653/2019

15 January, 2021

Having Zambrano right of residence did not assist claimant in being eligible for child benefit

The Commissioners for Her Majesty’s Revenue and Customs v AD
[2020] UKUT 353 (AAC)
CF/2239/2019

11 January, 2021

Whether benefit awards made to claimant using a fictitious identity that had been granted British Citizenship were properly revised, reversed and found recoverable

ED v Secretary of State for Work and Pensions
[2020] UKUT 352 (AAC)
CJSA/2368/2373/2377 & 2381/2017, CE/2384 & 2388/2017 and CIS/2390/2395 & 2396/2017

7 January, 2021

Tribunals are not ordinarily required to give anything beyond brief reasons as to why they are not adjourning a PIP appeal in order to obtain DLA evidence

BH v Secretary of State for Work and Pensions (PIP)
[2020] UKUT 338 (AAC)
CPIP/401/2020

6 January, 2021

Consideration of eligibility for mobility component where claimant had history of some walking at airports when travelling to and from the UK

LG v Secretary of State for Work and Pensions (PIP)
[2020] UKUT 343 (AAC)
CPIP/2851/2019

5 January, 2021

First-tier Tribunal in its social entitlement jurisdiction is a ‘court’ for purposes of orders made under the now repealed Vexatious Actions (Scotland) Act 1898 that continue in force

PA v Her Majesty's Revenue and Customs (TC)
[2020] UKUT 324 (AAC)
CSTC/466/2019

5 January, 2021

Whether insurance policy payments to a widow precluded entitlement to a funeral payment

The Secretary of State for the Department of Work and Pensions v GB (IS)
[2020] UKUT 316 (AAC)
CIS/1728/2019

5 January, 2021

Assessment of whether claimant displayed ‘severe behavioural problems’ for purposes of entitlement to mobility component under ‘severe mental impairment’ criteria

XTC v Secretary of State for Work and Pensions (DLA)
[2020] UKUT 342 (AAC)
CDLA/2600/2019

23 December, 2020

Sanction decision overturned on account of ambiguity in notification of requirement to take part in telephone interview / good reason for failure to attend

KG v Secretary of State for Work and Pensions (UC)
[2020] UKUT 307 (AAC)
CUC/563/2020

17 December, 2020

Whether limiting a disabled claimant’s housing benefit to the one-bedroom shared accommodation rate of the local housing allowance amounts to unlawful discrimination

CM v (1) Bradford Metropolitan District Council (2) Secretary of State for Work and Pensions
[2020] UKUT 285 (AAC)
CH/4167/2013

15 December, 2020

Whether separate claims and separate decisions are required before every prescribed disease claimed under industrial injuries benefit system can be considered

MH v Secretary of State for Work and Pensions (II)
[2020] UKUT 297 (AAC)
CI/1000, 1001 & 1002/2019

10 December, 2020

Date from which a change of circumstances takes effect where there is already benefit entitlement / whether arrears of industrial injuries disablement benefit can be offset against overpayment of pension credit

DD v Secretary of State for Work and Pensions (II)
[2020] UKUT 302 (AAC)
CI/339/2019

9 December, 2020

Room where door could only open to 60 degrees if it contained an adult single bed counted as bedroom for purposes of the bedroom tax

Secretary of State for Work and Pensions -v- JM and Liverpool City Council (HB)
[2020] UKUT 337 (AAC)
CH/1253/2018

9 December, 2020

Tribunal was correct to find that no reduction could be made from claimant’s income for investments in overseas property when assessing tax credits entitlement

JQ v Her Majesty's Revenue and Customs (TC)
[2020] UKUT 340 (AAC)
CTC/1974/2019

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