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5 July, 2021

High Court rules that provision for refugees to make a backdated child tax credit claim from the date they sought asylum continues to apply where that date was before introduction of full service universal credit

DK, R (On the Application Of) v Her Majesty's Revenue and Customs [2021] EWHC 1845 (Admin)

29 June, 2021

Court of Appeal refuses permission to appeal against High Court decision that treatment of maternity allowance as unearned income for the purposes of universal credit is not unlawful

Moore & Anor v Secretary of State for Work and Pensions [2021] EWCA Civ 970

23 June, 2021

Tribunal failed to consider safeguards against retrospective supersession decision when deciding DLA overpayment recovery appeal

SM v Secretary of State for Work and Pensions (DLA)
[2021] UKUT 119 (AAC)
CDLA/812/2020

23 June, 2021

First-tier Tribunal bound by decisions of the Upper Tribunal and, in particular, IM v SSWP

CT v Secretary of State for Work and Pensions (ESA)
[2021] UKUT 131 (AAC)
CE/1632/2020

18 June, 2021

Tribunal correct to take two lots of four-weekly paid wages into account in one universal credit assessment period / Johnson and Pantellerisco did not apply

LG V Secretary of State for Work and Pensions (UC)
[2021] UKUT 121 (AAC)
CSUC/280/2020

16 June, 2021

Court of Session rules that provision for refugees to make a backdated claim for tax credits from the date they sought asylum to 31 January 2019 continues to apply

Petition of Ali Adnan and Mrs Saima Adnan for judicial review [2021] ScotCS CSOH_63

14 June, 2021

Shortcomings in DWP’s decision-making, investigation and record-keeping in overpayment case amount to errors of law / legal mechanism for reviving old-style ESA after contributory ESA exhausted

RS v Secretary of State for Work & Pensions (ESA)
[2021] UKUT 112 (AAC)
CE/1941, 1942 & 1943/2018

19 May, 2021

Whether tribunal erred in law by relying on evidence that it did not disclose to claimant / substantial risk under regulation 35 and requirement to consider risk to others

MH v Secretary of State for Work and Pensions (ESA)
[2021] UKUT 90 (AAC)
CE/685/2020

30 April, 2021

High Court rules that government’s ‘no recourse to public funds’ policy unlawfully fails to safeguard and promote the welfare of children

ST & Anor v Secretary of State for the Home Department [2021] EWHC 1085 (Admin)

23 April, 2021

Claimant qualifies for highest-scoring descriptors under Activity 8 and Activity 10 if they are unable to accomplish what is involved in next highest-scoring descriptor

SE v Secretary of State for Work and Pensions (PIP) (Final decision)
[2021] UKUT 79 (AAC)
Reported as [2021] AACR 5
CPIP/1653/2019 final decision

13 April, 2021

High Court of Northern Ireland rules that the 13 week housing benefit temporary absence rules that apply to serving prisoners do not breach human rights law

Taylor, Re Application for Judicial Review (Rev 1) [2020] NIQB 78

12 April, 2021

Where tribunal is considering making a less favourable decision it must give sufficient notice to claimant to enable them to prepare their case

MS v Secretary of State for Work and Pensions (DLA and PIP)
[2021] UKUT 41 (AAC)
CPIP/932/2020, CPIP/934/2020, CDLA/1079/2020 & CDLA/1080/2019

12 April, 2021

Legal effect of Jobseeker’s (Back to Work Schemes) Act 2013 Remedial Order was to compel Secretary of State to supersede tribunal’s decision

MB v Secretary of State for Work and Pensions (JSA)
[2021] UKUT 69 (AAC)
CJSA/2077/2013

9 April, 2021

Termination of joint tax credits award when spouse died did not constitute unlawful discrimination against widower who was not eligible for universal credit due to capital

RJ v. Her Majesty's Revenue and Customs; Her Majesty's Revenue and Customs v. RJ
[2021] UKUT 40 (AAC)
CTC/2649/2019 & CTC/392/2020

9 April, 2021

Treatment of late paid earnings in calculation of universal credit when real time information reported on time / return of deposit paid by employee on uniform is not earnings

NM v Secretary of State for Work and Pensions (UC)
[2021] UKUT 46 (AAC)
CUC/761/2019

8 April, 2021

Whether new evidence about the distance a claimant covered when walking is admissible in an Upper Tribunal appeal in circumstances where a First-tier Tribunal incorrectly assessed that distance

PR v Secretary of State for Work and Pensions (PIP)
[2021] UKUT 35 (AAC)
CPIP/2401/2019

1 April, 2021

Eligibility criteria for school age element of Scottish best start grant are not incompatible with European Convention on Human Rights

DR, per West Lothian Council Advice Shop v (First) Social Security Scotland (Second) Lord Advocate
[2021] UT 16
UTS/AS/20/0015

19 March, 2021

Consideration of ‘substantial risk’ arising from claimant being found fit for work includes travel to and from jobcentre and job interviews, as well as to and from work

ET v Secretary of State for Work and Pensions (UC)
[2021] UKUT 47 (AAC)
Reported as [2021] AACR 6
CUC/747/2020

18 March, 2021

High Court rules that DWP’s universal credit deductions policy’s use of a rigid formula in respect of court fines, rather than the exercise of discretion as the legislation requires, is unlawful

Blundel & Ors, R (On the Application Of) v Secretary of State for Work And Pensions [2021] EWHC 608 (Admin)

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