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Welfare rights
(Upper Tribunal)

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

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

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