Welfare rights case law

13 November, 2019

Supreme Court rules that local authority decision makers, the First-tier Tribunal and the Upper Tribunal have power to disapply secondary legislation where it is in breach of Convention rights

RR (AP) (Appellant) v Secretary of State for Work and Pensions (Respondent)
Reported as [2020] AACR 7
[2019] UKSC 52

6 November, 2019

Claimant who has new condition, or worsening of existing condition, to be treated as having limited capability for work from date of repeat ESA claim until date of decision on claim / First-tier Tribunal not bound by DWP's decision on regulation 30

CE/633/2017

5 November, 2019

Contradiction between tribunal’s decision notice and statement of reasons and whether set aside complied with Procedure Rules

CPC/532/2019 & CPC/533/2019

28 October, 2019

Crutches as an aid for dressing or undressing if reasonably required by claimant who needs to stand to complete activity

CPIP/285/2019

24 October, 2019

European Court rules that bedroom tax unlawfully discriminates against woman living in a ‘Sanctuary Scheme’ home

[2019] ECHR 753

24 October, 2019

High Court considers compensation following ruling that transitional provisions for benefit claimants with an SDP who had transferred to universal credit were unlawful

[2019] EWHC 2774 (Admin)

17 October, 2019

Adjourning tribunal where validity of medical report that has been subject to audit and amendment is challenged

C13/18-19(PIP)

9 October, 2019

Child benefit can be exported under Article 7 of Regulation 883/2004 / priority rules for overlapping family benefits do not apply when claimant is receiving benefit in only one State

CF/5039/2014

9 October, 2019

Guidance to tribunals on application of activity 9 - ‘Engaging with other people face to face’

CSPIP/208/2019

9 October, 2019

Remittance of case where it was the tribunal and not the decision maker who made the first decision

CPIP/1172/2018

9 October, 2019

Whether consuming food in liquid form to avoid swallowing difficulties fits with defintion of ‘taking nutrition’ / relevance of pain and discomfort and reliability criterion 'to an acceptable statndard'

CPIP/381/2019

8 October, 2019

Holistic assessment should be made of claimant’s ability to plan and follow a journey on foot, driving and using public transport

CPIP/1094/2019

8 October, 2019

Tribunal failed to give adequate reasons for finding that daily attention of more than one and a half hours did not amount to attention for a ‘significant portion of the day’

CDLA/799/2019

7 October, 2019

Tribunal should have exercised power to extend time to apply for carer contributions credits afresh rather than merely review decision maker’s exercise of power

UK/1118/2019

4 October, 2019

Tribunal failed to investigate sufficiently whether claimant’s medical appointments precluded her from attending oral hearing

CUC/270/2019

4 October, 2019

Consideration of ability to follow the route of a journey should not be limited to short journeys for purposes of mobility descriptors 1(d) and 1(f)

CPIP/2567/2018

3 October, 2019

High Court rules that mechanism used to increase women’s state pension age, in combination with a failure to properly inform women of the changes, was not unlawful

[2019] EWHC 2552 (Admin)

3 October, 2019

Actual profitability and a certain level of regular financial transactions are not essential to the definition of ‘self-employed’ for purposes of entitlement to working tax credit

CTC/2494/2018

2 October, 2019

Court of Appeal’s right of residence decision in Ojo must be followed, and Upper Tribunal cases decided without reference to Ojo were given per incuriam

CH/708/2019

Welfare rights

RR (AP) (Appellant) v Secretary of State for Work and Pensions (Respondent) Reported as [2020] AACR 7 [2019] UKSC 52

C13/18-19(PIP)

RR (AP) (Appellant) v Secretary of State for Work and Pensions (Respondent)
Reported as [2020] AACR 7
[2019] UKSC 52