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Welfare rights

12 June, 2023

Court of Appeal upholds ruling that DWP acted unlawfully by failing to seek representations from claimants before applying third party deductions for utility debts

Timson, R (On the Application Of) v Secretary of State for Work and Pensions [2023] EWCA Civ 656

9 June, 2023

Tribunal’s failure to distinguish between evidence of learning difficulties and learning disability amounted to error of law

PW by his appointee v Secretary of State for Work and Pensions
[2023] UKUT 121 (AAC)
UA-2023-000041-PIP

30 May, 2023

Change to PIP past presence test from September 2021 does not assist Afghan-British national who was unlawfully imprisoned in Afghanistan for more than three years prior to making claim

HRA v Secretary of State for Work and Pensions
[2023] UKUT 109 (AAC)
UA-2022-001458-PIP

25 May, 2023

Court of Appeal rules that Secretary of State’s practice of excluding claimants awaiting verification of national insurance number applications from advance payments of universal credit is unlawful

Bui, R (On the Application Of) v Secretary of State for Work and Pensions (Re Universal Credit) [2023] EWCA Civ 566

23 May, 2023

Claimant can rely on social assistance benefits paid to a partner in order to demonstrate self-sufficiency where their presence did not increase entitlement

Secretary of State for Work and Pensions v W V (UC)
[2023] UKUT 112 (AAC)
UA-2021-001684-USTA

23 May, 2023

Where there is evidence that earnings were paid in two separate assessment periods, information from RTI system reporting them as paid in same assessment period can be disregarded

AF-v-Department for Communities (UC)
C1/23-24(UC)
[2023] NICom 18

19 May, 2023

Human rights remedy not available to 71 year old claimant whose PIP mobility component award was not increased to the enhanced rate following terminal illness diagnosis

GH (deceased) (by his wife as his appointee/attorney) v Secretary of State for Work and Pensions (PIP)
[2023] UKUT 104 (AAC)
UA-2022-SCO000053-PIP

15 May, 2023

Information on RTI data feed must be accessed and analysed by a human being in order for it to be ‘known’ to the Secretary of State

WS v Secretary of State for Work and Pensions
[2023] UKUT 81 (AAC)
UA-2022-000292-000293-ESA

5 May, 2023

Universal credit earned income assessment rules are not irrational or unlawful in the case of a claimant who is paid on a fortnightly basis

Secretary of State for Work and Pensions v LM
[2023] UKUT 72 (AAC)
UA-2021-000044-UOTH

26 April, 2023

Tribunal must identify grounds for revision or supersession used by the DWP in undertaking a LEAP review in order to establish claimant’s rights to challenge decision

DB v Secretary of State for Work and Pensions(PIP)
[2023] UKUT 95 (AAC)
UA-2022-001000-PIP

21 April, 2023

Court of Appeal rules that the UK was the competent state for the purposes of a DLA claim by a child whose economically active father lived in Belgium

Harrington v Secretary of State for Work And Pensions [2023] EWCA Civ 433
Reported as [2023] AACR 8

4 April, 2023

In-year finalisation of tax credits award following universal credit claim should be based on ‘notional’ current year income calculated using actual income received in part-year

His Majesty's Revenue and Customs v AS (TC)
[2023] UKUT 67 (AAC)
UA-2021-001169

31 March, 2023

Tribunal was entitled to decide that universal credit computer system was not ‘inoperative’ at beginning of Covid-19 pandemic and so did not prevent claimant from making a claim

NK v Secretary of State for Work and Pensions (UC)
[2023] UKUT 65 (AAC)
UA-2021-000043-UOTH

30 March, 2023

Over-eating can fall within the scope of PIP activity 2: ‘Taking nutrition’

SO v Secretary of State for Work and Pensions (PIP)
[2023] UKUT 56 (AAC)
UA-2021-001660-PIP

30 March, 2023

Tribunal consulting with District Judge ‘to ensure correct decision was made’ was a breach of natural justice

GT v Secretary of State for Work and Pensions (PIP)
[2023] UKUT 58 (AAC)
UA-2022-001411-PIP

23 March, 2023

Claimant not entitled to assume DWP knew daughter was living with him because she was claiming ESA from same address

MW v Secretary of State and Work and Pensions (ESA)
[2023] UKUT 50 (AAC)
UA-2021-001803-ESA & UA-2021-000859-ESA

21 March, 2023

Payments to child care provider made to reserve children’s places during Covid-19 lockdown did not amount to ‘relevant child care charges for the purposes of regulation 28 of the Housing Benefit Regulations 2006

Manchester City Council v NG
[2023] UKUT 51 (AAC)
UA-2022-000787-HB

20 March, 2023

Legal effect of Court of Appeal’s declaration in Johnson that universal credit earnings assessment rules were irrational and unlawful can apply to periods before the Court’s decision

JN v Secretary of State for Work and Pensions (UC)
[2023] UKUT 49 (AAC)
UA-2022-SCO-000030-UC
Reported as [2023] AACR 7

17 March, 2023

Universal credit child element is not a social security family benefit for the purposes of Regulation (EC) 883/2004

Secretary of State for Work and Pensions v MS (UC)
[2023] UKUT 44 (AAC)
UA-2021-001957-UCH

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