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Welfare rights
(Upper Tribunal)

10 August, 2020

Whether a First-tier Tribunal had jurisdiction to hear an appeal where there had been no decision by the Secretary of State

MM v Secretary of State for Work and Pensions (IS)
[2020] UKUT 220 (AAC)
CIS/507/2020

7 August, 2020

Whether DWP’s former practice of only providing tribunals with examples of least demanding work-related activities in ESA appeals was flawed

MR v Secretary of State for Work and Pensions (ESA)
[2020] UKUT 210 (AAC)
CE/1689/2018

15 July, 2020

Relationship between ‘change of circumstances’ and ‘new medical evidence’ supersessions of a claim where limitation on movement between PIP mobility components after pensionable age may apply

MH v Secretary of State for Work and Pensions (PIP)
[2020] UKUT 185 (AAC)
CPIP/1859/2019

15 July, 2020

Secretary of State should, where relevant, provide claimant’s ESA adjudication history and action plan in appeal response to First-tier Tribunal

RP v Secretary of State for Work and Pensions (ESA)
[2020] UKUT 148 (AAC)
CE/2506/2018

14 July, 2020

Unfair to proceed with tribunal hearing where putative appointee was not permitted to participate fully / application for leave to appeal should be put before a judge

SB v Secretary of State for Work and Pensions (PIP)
[2020] UKUT 198 (AAC)
CPIP/2336/2019

14 July, 2020

Tribunals can only set aside decision under rule 37 of Procedure Rules on the written application of a party / application for statement of reasons or record of proceedings cannot be treated as an application for set aside

MA v Secretary of State for Work and Pensions (PIP)
[2020] UKUT 172 (AAC)
CPIP/2140/2019

14 July, 2020

Interaction of activity 9 - engaging with other people face to face - and regulation 4(2A) - ability to carry out an activity reliably

JT v Secretary of State for Work and Pensions (PIP)
[2020] UKUT 186 (AAC)
CPIP/1781/2019

13 July, 2020

Tribunal's decision awarding PIP can be superseded by Secretary of State on grounds of new medical evidence under regulation 26 / nature of supersession under regulation 26 and relationship with PIP regulation 11

BD v Secretary of State for Work and Pensions (PIP)
[2020] UKUT 178 (AAC)
CPIP/2110/2019

3 July, 2020

Payment of non-static houseboat licence fee is an eligible cost for housing benefit purposes as it falls within regulation 12(1)(b) of the Housing Benefit Regulations 2006

AB v London Borough of Camden (HB)
[2020] UKUT 158 (AAC)
CH/3284/2017

26 June, 2020

Restricting tribunal’s consideration to ‘circumstances obtaining at time of decision under appeal’ does not limit consideration to evidence that was before the first instance decision maker

KK v Liverpool City Council (HB)
[2020] UKUT 80 (AAC)
CH/1766/2019

25 June, 2020

Whether First-tier Tribunal’s enforcement reference to Upper Tribunal, relating to Secretary of State’s failure to comply with direction to provide summary of ESA adjudication history, was valid

RG v Secretary of State for Work and Pensions (Enforcement Reference)
[2020] UKUT 79 (AAC)
ENF/1494/2019

24 June, 2020

Claimant whose inability to use public transport arose entirely from physical health problems was not entitled to points under mobility descriptor 1(d)

HO'H v Secretary of State for Work and Pensions (PIP)
[2020] UKUT 135 (AAC)
CPIP/302/2019

22 June, 2020

Meaning of ‘spouse’ under widowed parent’s allowance rules / whether possible to reinterpret under HRA to include partner married in ceremony that is not compliant with English marriage law

AR v Secretary of State for Work and Pensions (BB)
[2020] UKUT 165 (AAC)
CG/1781/2017

10 June, 2020

Whether tribunal properly concluded that entitlement to any rate of PIP was issue raised by appeal of supersession decision that only reduced entitlement / proceeding with appeal hearing in absence of presenting officer who had been directed to attend

DT v Secretary of State for Work and Pensions (PIP)
[2020] UKUT 156 (AAC)
CPIP/2152/2019

2 June, 2020

Rule limiting entitlement to sure start maternity grant when claimant already responsible for child aged under 16 breached human rights of refugee and kinship carer

SK and LL v Secretary of State for Work and Pensions (IS)
[2020] UKUT 145 (AAC)
CIS/620/2019 & CIS/2245/2018

1 June, 2020

JSA requirement to be ‘living in’ the Common Travel Area for three months is not invalid under EU law

CL v Secretary of State for Work and Pensions
[2020] UKUT 146 (AAC)
CJSA/1053/2019

26 May, 2020

Tribunal unable to disapply legislation with unintended lacuna relating to revision or supersession of PIP awards in DLA transfer cases where claimant aged over 65 / extra-statutory payment made to claimant

RJ v Secretary of State for Work and Pensions (PIP)
[2020] UKUT 107 (AAC)
CPIP/1962/2018

20 May, 2020

Appeal rights where a universal credit claim has been ‘closed’ for non-attendance at a jobcentre interview / whether appealable decision is subject to requirement for mandatory reconsideration

PP v SSWP (UC)
[2020] UKUT 109 (AAC)
CUC/1389/2019

20 May, 2020

Suspension of DLA after 28 days in hospital did not violate right to prohibition of discrimination under Article 14 ECHR, in case of an adult patient with severe learning disabilities

MOC (by MG) v SSWP (DLA)
[2020] UKUT 134 (AAC)
CDLA/1920/2018

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