Welfare rights case law

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

31 August, 2021

Tribunal erred in law in not treating evidence supplied by claimant after appeal hearing as application to set aside

KH (deceased) by AMH v Secretary of State for Work and Pensions (II)
[2021] UKUT 189 (AAC)
CI/365/2020

24 August, 2021

Tribunals should consider postponing decisions on ‘cohabiting partner’ bereavement benefit appeals until remedial order or other legislation removes human rights incompatibility in the law as it stands

JG v Secretary of State for Work and Pensions (BB)
[2021] UKUT 194 (AAC)
CG/1616/2019 Interim

23 August, 2021

Adequacy of explanation required from tribunal for not seeking potentially relevant evidence from previous DLA award when making less advantageous PIP award

MM-C v Secretary of State for Work and Pensions (CPIP)
[2021] UKUT 183 (AAC)
CPIP/1748/2020

18 August, 2021

DWP, and then tribunal, mistakenly applied jobseeker’s allowance regulations in deciding that claimant’s entitlement to credits should cease after he failed to attend interview

SM v Secretary of State for Work and Pensions (JSA)
[2021] UKUT 179 (AAC)
CJSA/1294/2020

10 August, 2021

Transfer from DLA to PIP / tribunal wrong to find that claimant had failed to attend medical examination without good reason where there was no evidence that invitation had imposed legal requirement to attend

AO’G-v-Department for Communities (PIP)
[2021] NICom 32
C5/21-22(PIP)

4 August, 2021

Court of Appeal in Northern Ireland overturns High Court judgment that differential treatment of claimants under terminal illness provisions is unlawful

The Department For Communities v Cox [2021] NICA 45

29 July, 2021

Tribunal found to have breached procedural rules in relation to panel composition, appearance of bias, and limiting claimant’s rights to withdraw appeal

PD v Secretary of State for Work and Pensions (PIP)
[2021] UKUT 172 (AAC)
CPIP/548/2020

28 July, 2021

82-year-old claimant who was ‘drowned in paperwork’ could not reasonably have been expected to realise that local authority error in treatment of Teachers’ Pension meant he was being overpaid

DP v East Dorset District Council (HB)
[2020] UKUT 270 (AAC)
CH/2492/2019

27 July, 2021

When a claimant’s experienced representative does not address an issue raised by an appeal, the First-tier Tribunal is still under a duty to consider it

KN v Secretary of State for Work and Pensions (ESA)
2021 [UKUT] 155 (AAC)
CSE/197/2020

27 July, 2021

Enhancement to state pension accrued through living and working in New Zealand is not payable where claimant is not resident in the UK or EEA or Switzerland

BB v Secretary of State for Work and Pensions (RP)
[2021] UKUT 141 (AAC)
CP/839/2020

26 July, 2021

Tribunal must apply its mind to whether it is in the interests of justice to proceed with paper determination of an appeal when there is ambiguity in claimant’s election for a paper hearing

RA v Secretary of State for Work and Pensions (II)
[2021] UKUT 148 (AAC)
CI/502/2020

23 July, 2021

Whether tribunal is always obliged to put perceived inconsistencies in evidence to claimant / whether tribunal is always obliged to make specific findings on regulation 4(2A) criteria

SM v Secretary of State for Work and Pensions (PIP)
[2021] UKUT 140 (AAC)
CPIP/1495/2020

22 July, 2021

Claimant who fraudulently obtained refugee status was not entitled to tax credits or housing benefit she obtained relying upon that status

R v HMRC and Kirklees Metropolitan Borough Council (HB & TC)
[2020] UKUT 379 (AAC)
CH/1905/2017 & CTC/1902/2017

20 July, 2021

Extent of tribunal’s obligation to take into account Secretary of State’s changed view after making pre-hearing PIP ‘offer’, when decision under appeal remains the unrevised decision

DO v Secretary of State for Work and Pensions (PIP)
[2021] UKUT 161 (AAC)
CPIP/506/2020

20 July, 2021

Tribunal erred in failing to ensure it had before it an accurate list of work-related activities that were available for the claimant to undertake / training of universal credit staff on providing lists to tribunals not completed until July 2020

KS v Secretary of State for Work and Pensions (UC)
[2021] UKUT 132 (AAC)
CUC/1386/2020

15 July, 2021

CJEU rules that, while legislation excluding EU citizens with pre-settled status from universal credit is not contrary to EU law, competent authority must check that refusal of assistance does not infringe individual's right to human dignity

CG v The Department for Communities in Northern Ireland C‑709/20

9 July, 2021

Supreme Court unanimously rules that two-child limit is not incompatible with rights under Articles 8, 12 or 14 of the European Convention on Human Rights

R (on the application of SC, CB and 8 children) (Appellants) v Secretary of State for Work and Pensions and others (Respondents) [2021] UKSC 26

Welfare rights

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

AO’G-v-Department for Communities (PIP) [2021] NICom 32 C5/21-22(PIP)

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

AO’G-v-Department for Communities (PIP)
[2021] NICom 32
C5/21-22(PIP)