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Welfare rights

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

22 May, 2020

High Court rules that government’s ‘no recourse to public funds’ regime is unlawful in cases where applicant will imminently suffer inhuman or degrading treatment without recourse

R (W, A Child By His Litigation Friend J) v The Secretary of State for the Home Department & Anor [2020] EWHC 1299 (Admin)

13 May, 2020

Requirement for returning British Citizen to be ‘qualifed person’ in order for family member to derive right to reside is unlawful

HK v Secretary of State for Work and Pensions (PC)
[2020] UKUT 73 (AAC)
CSPC/0330/2019

12 May, 2020

Whether tribunal should have requested DLA evidence in PIP transfer claim appeal where there was no indication that claimant had ever been invited to request it

CH (by TH) v Secretary of State for Work and Pensions (PIP)
[2020] UKUT 70 (AAC)
CPIP/2836/2018

30 April, 2020

Process for HMRC to make a decision on whether a person has a ‘genuine chance of being engaged in employment’ where jobcentre has not made such a decision

DD v Her Majesty’s Revenue and Customs and Secretary of State for Work and Pensions (CB)
[2020] UKUT 66 (AAC)
CF/66/2018

28 April, 2020

EU family benefit coordination rules bypass domestic residence conditions for child benefit but not other conditions of entitlement in the case of a child living in the EU

MZ v Commissioners for Her Majesty’s Revenue and Customs (CHB)
[2020] UKUT 65 (AAC)
CF/2685/2018

27 April, 2020

High Court rules that precluding pre-settled status from conferring a right to reside is not unlawful discrimination

Fratila & Anor, R (on the application of) v Secretary of State for Work and Pensions & Anor [2020] EWHC 998 (Admin)

21 April, 2020

Whether family members of a person who is self-employed in one State are required to claim sickness benefits in that State, even if they are habitually resident in another State

AH v Secretary of State for Work and Pensions (DLA)
[2020] UKUT 53 (AAC)
CDLA/882/2017
Reported as [2023] AACR 8

21 April, 2020

Reconvened tribunal hearing must be before exactly the same panel or a completely different one

SW v Secretary of State for Work and Pensions (ESA)
[2019] UKUT 415 (AAC)
CE/1134/2019